14 CFR 135.10 Compliance dates for certain rules.
After January 2, 1991, no certificate holder may use a person as a
flight crewmember unless that person has completed the windshear ground
training required by 135.345(b)(6) and 135.351(b)(2) of this part.
(Doc. No. 19110, Amdt. 135-27, 53 FR 37697, Sept. 27, 1988)
14 CFR 135.11 Application and issue of certificate and operations
specifications.
(a) An application for an ATCO operating certificate and appropriate
operations specifications is made on a form and in a manner prescribed
by the Administrator and filed with the FAA Flight Standards District
Office that has jurisdiction over the area in which the applicant's
principal business office is located.
(b) An applicant who meets the requirements of this part is entitled
to --
(1) An ATCO operating certificate containing all business names under
which the certificate holder may conduct operations and the address of
each business office used by the certificate holder; and
(2) Separate operations specifications, issued to the certificate
holder, containing:
(i) The type and area of operations authorized.
(ii) The category and class of aircraft that may be used in those
operations.
(iii) Registration numbers and types of aircraft that are subject to
an airworthiness maintenance program required by 135.411(a)(2),
including time limitations or standards for determining time
limitations, for overhauls, inspections, and checks for airframes,
aircraft engines, propellers, rotors, appliances, and emergency
equipment.
(iv) Registration numbers of aircraft that are to be inspected under
an approved aircraft inspection program under 135.419.
(v) Additional maintenance items required by the Administrator under
135.421.
(vi) Any authorized deviation from this part.
(vii) Any other items the Administrator may require or allow to meet
any particular situation.
(c) No person holding operations specifications issued under this
part may list on its operations specifications or on the current list of
aircraft required by 135.63(a)(3) any airplane listed on operations
specifications issued under part 125.
(Doc. No. 16097, 43 FR 467883, Oct. 10, 1978, as amended by Amdt.
135-24, 52 FR 20029, May 28, 1987)
14 CFR 135.13 Eligibility for certificate and operations
specifications.
(a) To be eligible for an ATCO operating certificate and appropriate
operations specifications, a person must --
(1) Be a citizen of the United States, a partnership of which each
member is a citizen of the United States, or a corporation or
association created or organized under the laws of the United States or
any state, territory, or possession of the United States, of which the
president and two-thirds or more of the board of directors and other
managing officers are citizens of the United States and in which at
least 75 percent of the voting interest is owned or controlled by
citizens of the United States or one of its possessions; and
(2) Show, to the satisfaction of the Administrator, that the person
is able to conduct each kind of operation for which the person seeks
authorization in compliance with applicable regulations; and
(3) Hold any economic authority that may be required by the Civil
Aeronautics Board.
However, no person holding a commercial operator operating
certificate issued under part 121 of this chapter is eligible for an
ATCO operating certificate unless the person shows to the satisfaction
of the Administrator that the person's contract carriage business in
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, will not result directly or
indirectly from the person's air taxi business.
(b) The Administrator may deny any applicant a certificate under this
part if the Administrator finds --
(1) That an air carrier or commercial operator operating certificate
under part 121 or an ATCO operating certificate previously issued to the
applicant was revoked; or
(2) That a person who was employed in a position similar to general
manager, director of operations, director of maintenance, chief pilot,
or chief inspector, or who has exercised control with respect to any
ATCO operating certificate holder, 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.
14 CFR 135.15 Amendment of certificate.
(a) The Administrator may amend an ATCO operating certificate --
(1) On the Administrator's own initiative, under section 609 of the
Federal Aviation Act of 1958 (49 U.S.C. 1429) and part 13 of this
chapter; or
(2) Upon application by the holder of that certificate.
(b) The certificate holder must file an application to amend an ATCO
operating certificate 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 must be submitted to the FAA Flight
Standards District Office charged with the overall inspection of the
certificate holder.
(c) The FAA Flight Standards District Office charged with the overall
inspection of the certificate holder grants an amendment to the ATCO
operating certificate if it is determined that safety in air commerce
and the public interest allow that amendment.
(d) Within 30 days after receiving a refusal to amend the operating
certificate, the certificate holder may petition the Director, Flight
Standards Service, to reconsider the request.
14 CFR 135.17 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 Flight Standards 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 Flight Standards District Office notifies the holder of
any amendment adopted, or a rescission of the notice. The 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 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-6, 45 FR 47838, July 17, 1980; Amdt. 135-33, 54 FR 39294, Sept.
25, 1989)
14 CFR 135.19 Emergency operations.
(a) In an emergency involving the safety of persons or property, the
certificate holder may deviate from the rules of this part relating to
aircraft and equipment and weather minimums to the extent required to
meet that emergency.
(b) In an emergency involving the safety of persons or property, the
pilot in command may deviate from the rules of this part to the extent
required to meet that emergency.
(c) Each person who, under the authority of this section, deviates
from a rule of this part 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 aircraft operation
involved, including a description of the deviation and reasons for it.
14 CFR 135.21 Manual requirements.
(a) Each certificate holder, other than one who uses only one pilot
in the certificate holder's operations, 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) Representatives of the Administrator assigned to the certificate
holder.
(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 on each
aircraft when away from the principal operations base. The appropriate
parts must be available for use by ground or flight personnel.
(g) If a certificate holder conducts aircraft inspections or
maintenance at specified stations where it keeps the approved inspection
program manual, it is not required to carry the manual aboard the
aircraft en route to those stations.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-18, 47 FR 33396, Aug. 2, 1982)
14 CFR 135.23 Manual contents.
Each manual shall have the date of the last revision on each revised
page. The manual must include --
(a) The name of each management person required under 135.37(a) who
is authorized to act for the certificate holder, the person's assigned
area of responsibility, the person's duties, responsibilities, and
authority, and the name and title of each person authorized to exercise
operational control under 135.77;
(b) Procedures for ensuring compliance with aircraft weight and
balance limitations and, for multiengine aircraft, for determining
compliance with 135.185;
(c) Copies of the certificate holder's operations specifications or
appropriate extracted information, including area of operations
authorized, category and class of aircraft 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 aircraft
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 aircraft 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 under 135.179 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 aircraft, 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 135.117;
(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
duties under 135.123;
(n) En route qualification procedures for pilots, when applicable;
(o) The approved aircraft inspection program, when applicable;
(p) 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;
(q) Procedures for the evacuation of persons who may need the
assistance of another person to move expeditiously to an exit if an
emergency occurs; and
(r) Other procedures and policy instructions regarding the
certificate holder's operations, that are issued by the certificate
holder.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-20, 51 FR 40709, Nov. 7, 1986)
14 CFR 135.25 Aircraft requirements.
(a) Except as provided in paragraph (d) of this section, no
certificate holder may operate an aircraft under this part unless that
aircraft --
(1) Is registered as a civil aircraft of the United States and
carries an appropriate and 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) Each certificate holder must have the exclusive use of at least
one aircraft that meets the requirements for at least one kind of
operation authorized in the certificate holder's operations
specifications. In addition, for each kind of operation for which the
certificate holder does not have the exclusive use of an aircraft, the
certificate holder must have available for use under a written agreement
(including arrangements for performing required maintenance) at least
one aircraft that meets the requirements for that kind of operation.
However, this paragraph does not prohibit the operator from using or
authorizing the use of the aircraft for other than air taxi or
commercial operations and does not require the certificate holder to
have exclusive use of all aircraft that the certificate holder uses.
(c) For the purposes of paragraph (b) of this section, a person has
exclusive use of an aircraft if that person has the sole possession,
control, and use of it for flight, as owner, or has a written agreement
(including arrangements for performing required maintenance), in effect
when the aircraft is operated, giving the person that possession,
control, and use for at least 6 consecutive months.
(d) 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 I) 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. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-8, 45 FR 68649, Oct. 16, 1980)
14 CFR 135.27 Business office and operations base.
(a) Each certificate holder shall maintain a principal business
office.
(b) Each certificate holder shall, before establishing or changing
the location of any business office or operations base, except a
temporary operations base, notify in writing the FAA Flight Standards
District Office charged with the overall inspection of the certificate
holder.
(c) No certificate holder who establishes or changes the location of
any business office or operations base, except a temporary operations
base, may operate an aircraft under this part unless the certificate
holder complies with paragraph (b) of this section.
14 CFR 135.29 Use of business names.
No certificate holder may operate an aircraft under this part under a
business name that is not on the certificate holder's operating
certificate.
14 CFR 135.31 Advertising.
No certificate holder may advertise or otherwise offer to perform
operations subject to this part that are not authorized by the
certificate holder's operating certificate and operations
specifications.
14 CFR 135.33 Area limitations on operations.
(a) No person may operate an aircraft in a geographical area that is
not specifically authorized by appropriate operations specifications
issued under this part.
(b) No person may operate an aircraft in a foreign country unless
that person is authorized to do so by that country.
14 CFR 135.35 Termination of operations.
Within 30 days after a certificate holder terminates operations under
this part, the operating certificate and operations specifications must
be surrendered by the certificate holder to the FAA Flight Standards
District Office charged with the overall inspection of the certificate
holder.
14 CFR 135.37 Management personnel required.
(a) Each certificate holder, other than one who uses only one pilot
in the certificate holder's operations, must have enough qualified
management personnel in the following or equivalent positions to ensure
safety in its operations:
(1) Director of operations.
(2) Chief pilot.
(3) Director of maintenance.
(b) Upon application by the certificate holder, 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
certificate holder shows that it can perform its operations safely under
the direction of fewer or different categories of management personnel.
(c) Each certificate holder shall --
(1) Set forth the duties, responsibilities, and authority of the
personnel required by this section in the manual required by 135.21;
(2) List in the manual required by 135.21 the name of the person or
persons assigned to those positions; and
(3) Within 10 working days, 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.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-18, 47 FR 33396, Aug. 2, 1982)
14 CFR 135.39 Management personnel qualifications.
(a) Director of operations. No person may serve as director of
operations under 135.37(a) unless that person knows the contents of the
manual required by 135.21, the operations specifications, the
provisions of this part and other applicable regulations necessary for
the proper performance of the person's duties and responsibilities and:
(1) The director of operations for a certificate holder conducting
any operations for which the pilot in command is required to hold an
airline transport pilot certificate must --
(i) Hold or have held an airline transport pilot certificate; and
(ii) Have at least 3 years of experience as pilot in command of an
aircraft operated under this part, part 121 or part 127 of this chapter;
or
(iii) Have at least 3 years of experience as director of operations
with a certificate holder operating under this part, part 121 or part
127 of this chapter.
(2) The director of operations for a certificate holder who is not
conducting any operation for which the pilot in command is required to
hold an airline transport pilot certificate must --
(i) Hold or have held a commercial pilot certificate; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft operated under this part, part 121 or part 127 of this chapter;
or
(iii) Have at least 3 years of experience as director of operations
with a certificate holder operating under this part, part 121 or part
127 of this chapter.
(b) Chief pilot. No person may serve as chief pilot under 135.37(a)
unless that person knows the contents of the manual required by 135.21,
the operations specifications, the provisions of this part and other
applicable regulations necessary for the proper performance of the
person's duties, and:
(1) The chief pilot of a certificate holder conducting any operation
for which the pilot in command is required to hold an airline transport
pilot certificate must --
(i) Hold a current airline transport pilot certificate with
appropriate ratings for at least one of the types of aircraft used; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft under this part, part 121 or part 127 of this chapter.
(2) The chief pilot of a certificate holder who is not conducting any
operation for which the pilot in command is required to hold an airline
transport pilot certificate must --
(i) Hold a current, commercial pilot certificate with an instrument
rating. If an instrument rating is not required for the pilot in
command under this part, the chief pilot must hold a current, commercial
pilot certificate; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft under this part, part 121 or part 127 of this chapter.
(c) Director of maintenance. No person may serve as a director of
maintenance under 135.37(a) unless that person knows the maintenance
sections of the certificate holder's manual, the operations
specifications, the provisions of this part and other applicable
regulations necessary for the proper performance of the person's duties,
and --
(1) Holds a mechanic certificate with both airframe and powerplant
ratings; and
(2) Has at least 3 years of maintenance experience as a certificated
mechanic on aircraft, including, at the time of appointment as director
of maintenance, the recent experience requirements of 65.83 of this
chapter in the same category and class of aircraft as used by the
certificate holder, or at least 3 years of experience with a
certificated airframe repair station, including 1 year in the capacity
of approving aircraft for return to service.
(d) Deviation from this section may be authorized if the person has
had equivalent aeronautical experience. The Flight Standards Division
Manager in the region of the certificate holding district office may
authorize a deviation for the director of operations, chief pilot, and
the director of maintenance.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-18, 47 FR 33396, Aug. 2, 1982; Amdt. 133-20, 51 FR 40709, Nov. 7,
1986; Amdt. 135-33, 54 FR 39294, Sept. 25, 1989)
14 CFR 135.41 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part allows 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. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-32, 54 FR 34332, Aug. 18, 1989)
14 CFR 135.43 Crewmember certificate: International operations:
Application and issue.
(a) This section provides for the issuance of a crewmember
certificate to United States citizens who are employed by certificate
holders as 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.
(b) An application for a crewmember certificate is made on FAA Form
8060-6, ''Application for Crewmember Certificate,'' to the FAA Flight
Standards District Office charged with the overall inspection of the
certificate holder by whom the applicant is employed. The certificate
is issued on FAA Form 8060-42, ''Crewmember Certificate.''
(c) The holder of a certificate issued under this section, or the
certificate holder by whom the holder is employed, shall surrender the
certificate for cancellation at the nearest FAA Flight Standards
District Office or submit it for cancellation to the Airmen
Certification Branch, AAC-260, P.O. Box 25082, Oklahoma City, OK 73125,
at the termination of the holder's employment with that certificate
holder.
14 CFR 135.43 Subpart B -- Flight Operations
14 CFR 135.61 General.
This subpart prescribes rules, in addition to those in part 91 of
this chapter, that apply to operations under this part.
14 CFR 135.63 Recordkeeping requirements.
(a) Each certificate holder shall keep at its principal business
office or at other places approved by the Administrator, and shall make
available for inspection by the Administrator the following --
(1) The certificate holder's operating certificate;
(2) The certificate holder's operations specifications;
(3) A current list of the aircraft used or available for use in
operations under this part and the operations for which each is
equipped; and
(4) An individual record of each pilot used in operations under this
part, including the following information:
(i) The full name of the pilot.
(ii) The pilot certificate (by type and number) and ratings that the
pilot holds.
(iii) The pilot's aeronautical experience in sufficient detail to
determine the pilot's qualifications to pilot aircraft in operations
under this part.
(iv) The pilot's current duties and the date of the pilot's
assignment to those duties.
(v) The effective date and class of the medical certificate that the
pilot holds.
(vi) The date and result of each of the initial and recurrent
competency tests and proficiency and route checks required by this part
and the type of aircraft flown during that test or check.
(vii) The pilot's flight time in sufficient detail to determine
compliance with the flight time limitations of this part.
(viii) The pilot's check pilot authorization, if any.
(ix) Any action taken concerning the pilot's release from employment
for physical or professional disqualification.
(x) The date of the completion of the initial phase and each
recurrent phase of the training required by this part.
(b) Each certificate holder shall keep each record required by
paragraph (a)(3) of this section for at least 6 months, and each record
required by paragraph (a)(4) of this section for at least 12 months,
after it is made.
(c) For multiengine aircraft, each certificate holder is responsible
for the preparation and accuracy of a load manifest in duplicate
containing information concerning the loading of the aircraft. The
manifest must be prepared before each takeoff and must include:
(1) The number of passengers;
(2) The total weight of the loaded aircraft;
(3) The maximum allowable takeoff weight for that flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded aircraft, except that the
actual center of gravity need not be computed if the aircraft is loaded
according to a loading schedule or other approved method that ensures
that the center of gravity of the loaded aircraft 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 aircraft or flight number;
(7) The origin and destination; and
(8) Identification of crew members and their crew position
assignments.
(d) The pilot in command of an aircraft for which a load manifest
must be prepared shall carry a copy of the completed load manifest in
the aircraft 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 135.65 Reporting mechanical irregularities.
(a) Each certificate holder shall provide an aircraft maintenance log
to be carried on board each aircraft for recording or deferring
mechanical irregularities and their correction.
(b) The pilot in command shall enter or have entered in the aircraft
maintenance log each mechanical irregularity that comes to the pilot's
attention during flight time. Before each flight, the pilot in command
shall, if the pilot does not already know, determine the status of each
irregularity entered in the maintenance log at the end of the preceding
flight.
(c) Each person who takes corrective action or defers action
concerning a reported or observed failure or malfunction of an airframe,
powerplant, propeller, rotor, or applicance, shall record the action
taken in the aircraft maintenance log under the applicable maintenance
requirements of this chapter.
(d) Each certificate holder shall establish a procedure for keeping
copies of the aircraft maintenance log required by this section in the
aircraft for access by appropriate personnel and shall include that
procedure in the manual required by 135.21.
14 CFR 135.67 Reporting potentially hazardous meteorological conditions
and irregularities of communications or navigation facilities.
Whenever a pilot encounters a potentially hazardous meteorological
condition or an irregularity in a ground communications or navigational
facility in flight, the knowledge of which the pilot considers essential
to the safety of other flights, the pilot shall notify an appropriate
ground radio station as soon as practicable.
(Doc. No. 16097, 43 FR 46783, Oct. 1, 1978, as amended at 44 FR
26737, May 7, 1979)
14 CFR 135.69 Restriction or suspension of operations: Continuation of
flight in an emergency.
(a) During operations under this part, if a certificate holder or
pilot in command knows of conditions, including airport and runway
conditions, that are a hazard to safe operations, the certificate holder
or pilot in command, as the case may be, shall restrict or suspend
operations as necessary until those conditions are corrected.
(b) No pilot in command may allow a flight to continue toward any
airport of intended landing under the conditions set forth in paragraph
(a) of this section, unless, in the opinion of the pilot in command, the
conditions that are a hazard to safe operations may reasonably be
expected to be corrected by the estimated time of arrival or, unless
there is no safer procedure. In the latter event, the continuation
toward that airport is an emergency situation under 135.19.
14 CFR 135.71 Airworthiness check.
The pilot in command may not begin a flight unless the pilot
determines that the airworthiness inspections required by 91.409 of
this chapter, or 135.419, whichever is applicable, have been made.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-32, 54 FR 34332, Aug. 18, 1989)
14 CFR 135.73 Inspections and tests.
Each certificate holder and each person employed by the certificate
holder shall allow the Administrator, at any time or place, to make
inspections or tests (including en route inspections) to determine the
holder's compliance with the Federal Aviation Act of 1958, applicable
regulations, and the certificate holder's operating certificate, and
operations specifications.
14 CFR 135.75 Inspectors 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 aircraft operated by the
certificate holder, the inspector must be given free and uninterrupted
access to the pilot compartment of that aircraft. 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 135.77 Responsibility for operational control.
Each certificate holder is responsible for operational control and
shall list, in the manual required by 135.21, the name and title of
each person authorized by it to exercise operational control.
14 CFR 135.79 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 aircraft 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 place of business, 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 135.81 Informing personnel of operational information and
appropriate changes.
Each certificate holder shall inform each person in its employment of
the operations specifications that apply to that person's duties and
responsibilities and shall make available to each pilot in the
certificate holder's employ the following materials in current form:
(a) Airman's Information Manual (Alaska Supplement in Alaska and
Pacific Chart Supplement in Pacific-Asia Regions) or a commercial
publication that contains the same information.
(b) This part and part 91 of this chapter.
(c) Aircraft Equipment Manuals, and Aircraft Flight Manual or
equivalent.
(d) For foreign operations, the International Flight Information
Manual or a commercial publication that contains the same information
concerning the pertinent operational and entry requirements of the
foreign country or countries involved.
14 CFR 135.83 Operating information required.
(a) The operator of an aircraft 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) For multiengine aircraft or for aircraft with retractable landing
gear, 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) For multiengine aircraft, one-engine-inoperative climb
performance data and if the aircraft is approved for use in IFR or
over-the-top operations, that data must be sufficient to enable the
pilot to determine compliance with 135.181(a)(2).
(b) Each cockpit checklist required by paragraph (a)(1) of this
section must contain the following procedures:
(1) Before starting engines;
(2) Before takeoff;
(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 135.85 Carriage of persons without compliance with the
passenger-carrying provisions of this part.
The following persons may be carried aboard an aircraft without
complying with the passenger-carrying requirements of this part:
(a) A crewmember or other employee of the certificate holder.
(b) A person necessary for the safe handling of animals on the
aircraft.
(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 air carrier or commercial operator in operations
under a military cargo contract, 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, who is performing a
duty connected with a cargo operation of the certificate holder.
14 CFR 135.87 Carriage of cargo including carry-on baggage.
No person may carry cargo, including carry-on baggage, in or on any
aircraft unless --
(a) It is carried in an approved cargo rack, bin, or compartment
installed in or on the aircraft;
(b) It is secured by an approved means; or
(c) It is carried in accordance with each of the following:
(1) For cargo, 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, or for
carry-on baggage, it is restrained so as to prevent its movement during
air turbulence.
(2) It is packaged or covered to avoid possible injury to occupants.
(3) It does not impose any load on seats or on the floor structure
that exceeds the load limitation for those components.
(4) It is not located in a position that obstructs 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, or located 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 passengers is
provided.
(5) It is not carried directly above seated occupants.
(6) It is stowed in compliance with this section for takeoff and
landing.
(7) For cargo only operations, paragraph (c)(4) of this section does
not apply if the cargo is loaded so that at least one emergency or
regular exit is available to provide all occupants of the aircraft a
means of unobstructed exit from the aircraft if an emergency occurs.
(d) Each passenger seat under which baggage is stowed shall be fitted
with a means to prevent articles of baggage stowed under it from sliding
under crash impacts severe enough to induce the ultimate inertia forces
specified in the emergency landing condition regulations under which the
aircraft was type certificated.
(e) 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 135.89 Pilot requirements: Use of oxygen.
(a) Unpressurized aircraft. Each pilot of an unpressurized aircraft
shall use oxygen continuously when flying --
(1) At altitudes above 10,000 feet through 12,000 feet MSL for that
part of the flight at those altitudes that is of more than 30 minutes
duration; and
(2) Above 12,000 feet MSL.
(b) Pressurized aircraft. (1) Whenever a pressurized aircraft is
operated with the cabin pressure altitude more than 10,000 feet MSL,
each pilot shall comply with paragraph (a) of this section.
(2) Whenever a pressurized aircraft is operated at altitudes above
25,000 feet through 35,000 feet MSL, unless each pilot has an approved
quick-donning type oxygen mask --
(i) At least one pilot at the controls shall wear, secured and
sealed, an oxygen mask that either supplies oxygen at all times or
automatically supplies oxygen whenever the cabin pressure altitude
exceeds 12,000 feet MSL; and
(ii) During that flight, each other pilot on flight deck duty shall
have an oxygen mask, connected to an oxygen supply, located so as to
allow immediate placing of the mask on the pilot's face sealed and
secured for use.
(3) Whenever a pressurized aircraft is operated at altitudes above
35,000 feet MSL, at least one pilot at the controls shall wear, secured
and sealed, an oxygen mask required by paragraph (b)(2)(i) of this
section.
(4) If one pilot leaves a pilot duty station of an aircraft when
operating at altitudes above 25,000 feet MSL, the remaining pilot at the
controls shall put on and use an approved oxygen mask until the other
pilot returns to the pilot duty station of the aircraft.
14 CFR 135.91 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) 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 aircraft.
(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 aircraft 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 135.93 Autopilot: Minimum altitudes for use.
(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 Aircraft 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 Aircraft 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.
(e) This section does not apply to operations conducted in
rotorcraft.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-32, 54 FR 34332, Aug. 18, 1989)
14 CFR 135.95 Airmen: Limitations on use of services.
No certificate holder may use the services of any person as an airman
unless the person performing those services --
(a) Holds an appropriate and current airman certificate; and
(b) Is qualified, under this chapter, for the operation for which the
person is to be used.
14 CFR 135.97 Aircraft and facilities for recent flight experience.
Each certificate holder shall provide aircraft and facilities to
enable each of its pilots to maintain and demonstrate the pilot's
ability to conduct all operations for which the pilot is authorized.
14 CFR 135.99 Composition of flight crew.
(a) No certificate holder may operate an aircraft with less than the
minimum flight crew specified in the aircraft operating limitations or
the Aircraft Flight Manual for that aircraft and required by this part
for the kind of operation being conducted.
(b) No certificate holder may operate an aircraft without a second in
command if that aircraft has a passenger seating configuration,
excluding any pilot seat, of ten seats or more.
14 CFR 135.100 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. 135-11, 46 FR 5502, Jan. 19, 1981)
14 CFR 135.101 Second in command required in IFR conditions.
Except as provided in 135.103 and 135.105, no person may operate an
aircraft carrying passengers in IFR conditions, unless there is a second
in command in the aircraft.
14 CFR 135.103 Exception to second in command requirement: IFR
operations.
The pilot in command of an aircraft carrying passengers may conduct
IFR operations without a second in command under the following
conditions:
(a) A takeoff may be conducted under IFR conditions if the weather
reports or forecasts, or any combination of them, indicate that the
weather along the planned route of flight allows flight under VFR within
15 minutes flying time, at normal cruise speed, from the takeoff
airport.
(b) En route IFR may be conducted if unforecast weather conditions
below the VFR minimums of this chapter are encountered on a flight that
was planned to be conducted under VFR.
(c) An IFR approach may be conducted if, upon arrival at the
destination airport, unforecast weather conditions do not allow an
approach to be completed under VFR.
(d) When IFR operations are conducted under this section:
(1) The aircraft must be properly equipped for IFR operations under
this part.
(2) The pilot must be authorized to conduct IFR operations under this
part.
(3) The flight must be conducted in accordance with an ATC IFR
clearance.
IFR operations without a second in command may not be conducted under
this section in an aircraft requiring a second in command under 135.99.
14 CFR 135.105 Exception to second in command requirement: Approval
for use of autopilot system.
(a) Except as provided in 135.99 and 135.111, unless two pilots are
required by this chapter for operations under VFR, a person may operate
an aircraft without a second in command, if it is equipped with an
operative approved autopilot system and the use of that system is
authorized by appropriate operations specifications. No certificate
holder may use any person, nor may any person serve, as a pilot in
command under this section of an aircraft operated by a Commuter Air
Carrier (as defined in 298.2 of this title) in passenger-carrying
operations unless that person has at least 100 hours pilot in command
flight time in the make and model of aircraft to be flown and has met
all other applicable requirements of this part.
(b) The certificate holder may apply for an amendment of its
operations specifications to authorize the use of an autopilot system in
place of a second in command.
(c) The Administrator issues an amendment to the operations
specifications authorizing the use of an autopilot system, in place of a
second in command, if --
(1) The autopilot is capable of operating the aircraft controls to
maintain flight and maneuver it about the three axes; and
(2) The certificate holder shows, to the satisfaction of the
Administrator, that operations using the autopilot system can be
conducted safely and in compliance with this part.
The amendment contains any conditions or limitations on the use of
the autopilot system that the Administrator determines are needed in the
interest of safety.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-3, 45 FR 7542, Feb. 4, 1980)
14 CFR 135.107 Flight attendant crewmember requirement.
No certificate holder may operate an aircraft that has a passenger
seating configuration, excluding any pilot seat, of more than 19 unless
there is a flight attendant crewmember on board the aircraft.
14 CFR 135.109 Pilot in command or second in command: Designation
required.
(a) Each certificate holder shall designate a --
(1) Pilot in command for each flight; and
(2) Second in command for each flight requiring two pilots.
(b) The pilot in command, as designated by the certificate holder,
shall remain the pilot in command at all times during that flight.
14 CFR 135.111 Second in command required in Category II operations.
No person may operate an aircraft in a Category II operation unless
there is a second in command of the aircraft.
14 CFR 135.113 Passenger occupancy of pilot seat.
No certificate holder may operate an aircraft type certificated after
October 15, 1971, that has a passenger seating configuration, excluding
any pilot seat, of more than eight seats if any person other than the
pilot in command, a second in command, a company check airman, or an
authorized representative of the Administrator, the National
Transportation Safety Board, or the United States Postal Service
occupies a pilot seat.
14 CFR 135.115 Manipulation of controls.
No pilot in command may allow any person to manipulate the flight
controls of an aircraft during flight conducted under this part, nor may
any person manipulate the controls during such flight unless that person
is --
(a) A pilot employed by the certificate holder and qualified in the
aircraft; or
(b) An authorized safety representative of the Administrator who has
the permission of the pilot in command, is qualified in the aircraft,
and is checking flight operations.
14 CFR 135.117 Briefing of passengers before flight.
(a) Before each takeoff each pilot in command of an aircraft carrying
passengers shall ensure that all passengers have been orally briefed on
--
(1) 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 (if such signs are required) and posted placards. The briefing
shall also include a statement (if the aircraft is equipped with a
lavatory) that Federal law prohibits tampering with, disabling, or
destroying any smoke detector installed in an aircraft lavatory.
(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 aircraft.
(c) The oral briefing required by paragraph (a) of this section shall
be given by the pilot in command or a crewmember.
(d) Notwithstanding the provisions of paragraph (c) of this section,
for aircraft certificated to carry 19 passengers or less, the oral
briefing required by paragraph (a) of this section shall be given by the
pilot in command, a crewmember, or other qualified person designated by
the certificate holder and approved by the Administrator.
(e) The oral briefing required by paragraph (a) shall be supplemented
by printed cards which must be carried in the aircraft in locations
convenient for the use of each passenger. The cards must --
(1) Be appropriate for the aircraft on which they are to be used;
(2) Contain a diagram of, and method of operating, the emergency
exits; and
(3) Contain other instructions necessary for the use of emergency
equipment on board the aircraft.
(f) The briefing required by paragraph (a) may be delivered by means
of an approved recording playback device that is audible to each
passenger under normal noise levels.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-9, 51 FR 40709, Nov. 7, 1986; Amdt. 135-25, 53 FR 12362, Apr. 13,
1988)
14 CFR 135.119 Prohibition against carriage of weapons.
No person may, while on board an aircraft being operated by a
certificate holder, carry on or about that 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 certificate
holder to carry arms.
14 CFR 135.121 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard an aircraft
unless the certificate holder operating the aircraft has served that
beverage.
(b) No certificate holder may serve any alcoholic beverage to any
person aboard its aircraft if that person appears to be intoxicated.
(c) No certificate holder may allow any person to board any of its
aircraft if that person appears to be intoxicated.
14 CFR 135.123 Emergency and emergency evacuation duties.
(a) Each certificate holder shall assign to each required crewmember
for each type of aircraft as appropriate, the necessary functions to be
performed in an emergency or in a situation requiring emergency
evacuation. The certificate holder shall ensure that those functions
can be practicably accomplished, and will meet any reasonably
anticipated emergency including incapacitation of individual crewmembers
or their inability to reach the passenger cabin because of shifting
cargo in combination cargo-passenger aircraft.
(b) The certificate holder shall describe in the manual required
under 135.21 the functions of each category of required crewmembers
assigned under paragraph (a) of this section.
14 CFR 135.125 Airplane security.
Certificate holders conducting operations under this part shall
comply with the applicable security requirements in part 108 of this
chapter.
(Amdt. 135-10, 46 FR 3791, Jan. 15, 1981)
14 CFR 135.127 Passenger information.
(a) No person may conduct a scheduled 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 or 6 hours or less in duration and between
any point listed in paragraph (a)(1) of this section and any point in
Alaska or Hawaii, or between any point in Alaska and any point in
Hawaii.
(b) No person may smoke while a ''No Smoking'' sign is lighted or
while ''No Smoking'' placards are posted, except that the pilot in
command may authorize smoking on the flight deck (if it is physically
separated from the passenger cabin) except during takeoff and landing.
(c) No person may smoke in any aircraft lavatory.
(d) After December 31, 1988, no person may operate an aircraft with a
lavatory equipped with a smoke detector unless there is in that lavatory
a sign or placard which reads: ''Federal law provides for a penalty of
up to $2,000 for tampering with the smoke detector installed in this
lavatory.''
(e) No person may tamper with, disable, or destroy any smoke detector
installed in any aircraft lavatory.
(f) On flight segments other than those described in paragraph (a) of
this section, the ''No Smoking'' signs required by 135.177 (a) (3) of
this part must be turned on for each takeoff and landing and at any
other time considered necessary by the pilot in command.
(Amdt. 135-35, 55 FR 8367, Mar. 7, 1990, as amended by Amdt. 135-35,
55 FR 20135, May 15, 1990)
14 CFR 135.129 Exit row seating.
(a) Except for on-demand air taxis with nine or fewer passenger
seats, 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 the pilot in command, in those cases described in
135.21(a), when an operations manual is not required, or by persons
designated in the certificate holder's manual if it is required by that
section.
(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 of size and weight similar 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 be
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 her 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; 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.
(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. 135-36, 55 FR 8073, Mar. 6, 1990)
14 CFR 135.129 Subpart C -- Aircraft and Equipment
14 CFR 135.141 Applicability.
This subpart prescribes aircraft and equipment requirements for
operations under this part. The requirements of this subpart are in
addition to the aircraft and equipment requirements of part 91 of this
chapter. However, this part does not require the duplication of any
equipment required by this chapter.
14 CFR 135.143 General requirements.
(a) No person may operate an aircraft under this part unless that
aircraft and its equipment meet the applicable regulations of this
chapter.
(b) Except as provided in 135.179, no person may operate an aircraft
under this part unless the required instruments and equipment in it have
been approved and are in an operable condition.
(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. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-22, 52 FR 3392, Feb. 3, 1987)
14 CFR 135.145 Aircraft proving tests.
(a) No certificate holder may operate a turbojet airplane, or an
aircraft for which two pilots are required by this chapter for
operations under VFR, if it has not previously proved that aircraft or
an aircraft of the same make and similar design in any operation under
this part unless, in addition to the aircraft certification tests, at
least 25 hours of proving tests acceptable to the Administrator have
been flown by that certificate holder including --
(1) Five hours of night time, if night flights are to be authorized;
(2) Five instrument approach procedures under simulated or actual
instrument weather conditions, if IFR flights are to be authorized; and
(3) Entry into a representative number of en route airports as
determined by the Administrator.
(b) No certificate holder may carry passengers in an aircraft during
proving tests, except those needed to make the tests and those
designated by the Administrator to observe the tests. However, pilot
flight training may be conducted during the proving tests.
(c) For the purposes of paragraph (a) of this section an aircraft is
not considered to be of similar design if an alteration includes --
(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.
(d) The Administrator may authorize deviations from this section if
the Administrator finds that special circumstances make full compliance
with this section unnecessary.
14 CFR 135.147 Dual controls required.
No person may operate an aircraft in operations requiring two pilots
unless it is equipped with functioning dual controls. However, if the
aircraft type certification operating limitations do not require two
pilots, a throwover control wheel may be used in place of two control
wheels.
14 CFR 135.149 Equipment requirements: General.
No person may operate an aircraft unless it is equipped with --
(a) A sensitive altimeter that is adjustable for barometric pressure;
(b) Heating or deicing equipment for each carburetor or, for a
pressure carburetor, an alternate air source;
(c) For turbojet airplanes, in addition to two gyroscopic
bank-and-pitch indicators (artificial horizons) for use at the pilot
stations, a third indicator that is installed in accordance with the
instrument requirements prescribed in 121.305(j) of this chapter.
(d) (Reserved)
(e) For turbine powered aircraft, any other equipment as the
Administrator may require.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended at 44 FR
26737, May 7, 1979; Amdt. 135-34, 54 FR 43926, Oct. 27, 1989; Amdt.
135-38, 55 FR 43310, Oct. 26, 1990)
14 CFR 135.150 Public address and crewmember interphone systems.
No person may operate an aircraft having a passenger seating
configuration, excluding any pilot seat, of more than 19 unless it is
equipped with --
(a) A public address system which --
(1) Is capable of operation independent of the the crewmember
interphone system required by paragraph (b) of this section, except for
handsets, headsets, microphones, selector switches, and signaling
devices;
(2) Is approved in accordance with 21.305 of this chapter;
(3) Is accessible for immediate use from each of two flight
crewmember stations in the pilot compartment;
(4) 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;
(5) 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;
(6) Is audible at all passenger seats, lavatories, and flight
attendant seats and work stations; and
(7) For transport category airplanes manufactured on or after
November 27, 1990, meets the requirements of 25.1423 of this chapter.
(b) A crewmember interphone system which --
(1) Is capable of operation independent of the public address system
required by paragraph (a) of this section, except for handsets,
headsets, microphones, selector switches, and signaling devices;
(2) Is approved in accordance with 21.305 of this chapter;
(3) Provides 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;
(4) Is accessible for immediate use from each of two flight
crewmember stations in the pilot compartment;
(5) Is accessible for use from at least one normal flight attendant
station in each passenger compartment;
(6) Is capable of operation within 10 seconds by a flight attendant
at each of those stations in each passenger compartment from which its
use is accessible; and
(7) For large turbojet-powered airplanes --
(i) Is 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) Has 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) For the alerting system required by paragraph (b)(7)(ii) of
this section, has 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, provides 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. 24995, 54 FR 43926, Oct. 27, 1989)
14 CFR 135.151 Cockpit voice recorders.
(a) After October 11, 1991, no person may operate a multiengine,
turbine-powered airplane or rotorcraft having a passenger seating
configuration of six or more and for which two pilots are required by
certification or operating rules 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 check list before
the flight to completion of the final check list at the end of the
flight.
(b) After October 11, 1991, no person may operate a multiengine,
turbine-powered airplane or rotorcraft having a passenger seating
configuration of 20 or more seats unless it is equipped with an approved
cockpit voice recorder that --
(1) Is installed in compliance with 23.1457, 25.1457, 27.1457 or
29.1457 of this chapter, as applicable; and
(2) Is operated continuously from the use of the check list before
the flight to completion of the final check list at the end of the
flight.
(c) In the event of an accident, or occurrence requiring immediate
notification of the National Transportation Safety Board which results
in 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 may be used to assist in determining the cause of
accidents or occurrences in connection with investigations. The
Administrator does not use the record in any civil penalty or
certificate action.
(d) 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
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.
(e) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used, so that during the
operation of the recorder, information:
(1) Recorded in accordance with paragraph (a) of this section and
recorded more than 15 minutes earlier; or
(2) Recorded in accordance with paragraph (b) of this section and
recorded more than 30 minutes earlier; may be erased or otherwise
obliterated.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-23, 52 FR 9637, Mar. 25, 1987; Amdt. 135-26, 53 FR 26151, July 11,
1988)
14 CFR 135.152 Flight recorders.
(a) No person may operate a multiengine, turbine-powered airplane or
rotorcraft having a passenger seating configuration, excluding any pilot
seat, of 10 to 19 seats, that is brought onto the U.S. register 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 B or C, as applicable, of this part
must be recorded within the range accuracy, resolution, and recording
intervals as specified. The recorder shall retain no less than 8 hours
of aircraft operation.
(b) After October 11, 1991, no person may operate a multiengine,
turbine-powered airplane having a passenger seating configuration of 20
to 30 seats or a multiengine, turbine-powered rotorcraft having a
passenger seating configuration of 20 or more seats 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 in
appendix D or E of this part, as applicable, that are set forth below,
must be recorded within the ranges, accuracies, resolutions, and
sampling intervals as specified.
(1) Except as provided in paragraph (b)(3) of this section for
aircraft type certificated before October 1, 1969, the following
parameters must be recorded:
(i) Time;
(ii) Altitude;
(iii) Airspeed;
(iv) Vertical acceleration;
(v) Heading;
(vi) Time of each radio transmission to or from air traffic control;
(vii) Pitch attitude;
(viii) Roll attitude;
(ix) Longitudinal acceleration;
(x) Control column or pitch control surface position; and
(xi) Thrust of each engine.
(2) Except as provided in paragraph (b)(3) of this section for
aircraft type certificated after September 30, 1969, the following
parameters must be recorded:
(i) Time;
(ii) Altitude;
(iii) Airspeed;
(iv) Vertical acceleration;
(v) Heading;
(vi) Time of each radio transmission either to or from air traffic
control;
(vii) Pitch attitude;
(viii) Roll attitude;
(ix) Longitudinal acceleration;
(x) Pitch trim position;
(xi) Control column or pitch control surface position;
(xii) Control wheel or lateral control surface position;
(xiii) Rudder pedal or yaw control surface position;
(xiv) Thrust of each engine;
(xv) Position of each thrust reverser;
(xvi) Trailing edge flap or cockpit flap control position; and
(xvii) Leading edge flap or cockpit flap control position.
(3) For aircraft manufactured after October 11, 1991, all of the
parameters listed in appendix D or E of this part, as applicable, must
be recorded.
(c) 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 the lift-off until the
airplane has completed the landing roll or the rotorcraft has landed at
its destination.
(d) Except as provided in paragraph (c) 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) of this section until the aircraft has been operating for at least 8
hours of the operating time specified in paragraph (c) of this section.
In addition, each certificate holder shall keep the recorded data
prescribed in paragraph (b) of this section for an airplane until the
airplane has been operating for at least 25 hours, and for a rotorcraft
until the rotorcraft has been operating for at least 10 hours, of the
operating time specified in paragraph (c) of this section. 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 (c)
of this section, no record need be kept more than 60 days.
(e) In the event of an accident or occurrence that requires the
immediate notification of the National Transportation Safety Board under
49 CFR part 830 of its regulations and that results in termination of
the flight, the certificate holder shall remove the recording media from
the aircraft and keep the recorded data required by paragraphs (a) and
(b) of this section for at least 60 days or for a longer period upon
request of the Board or the Administrator.
(f) Each flight recorder required by this section must be installed
in accordance with the requirements of 23.1459, 25.1459, 27.1459, or
29.1459, as appropriate, of this chapter. The correlation required by
paragraph (c) of 23.1459, 25.1459, 27.1459, or 29.1459, as
appropriate, of this chapter need be established only on one aircraft of
a group of aircraft:
(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.
(g) Each flight recorder required by this section that records the
data specified in paragraphs (a) and (b) of this section must have an
approved device to assist in locating that recorder under water.
(Doc. No. 25530, Amdt. 135-26, 53 FR 26151, July 11, 1988)
14 CFR 135.153 Ground proximity warning system.
No person may operate a turbojet airplane having a passenger seating
configuration, excluding any pilot seat, of 10 seats or more, unless it
is equipped with --
(a) A ground proximity warning system that meets 37.201 of this
chapter; or
(b) A system that conveys warnings of excessive closure rates with
the terrain and any deviations below glide slope by visual and audible
means. This system must --
(1) Be approved by the Director, Flight Standards Service; and
(2) Have a means of alerting the pilot when a malfunction occurs in
the system.
(c) For the 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; and
(iii) Deactivation for planned abnormal and emergency conditions;
and
(2) An outline of all input sources that must be operating.
(d) No person may deactivate a system required by this section except
under procedures in the Airplane Flight Manual.
(e) Whenever a 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) For a system required by paragraph (b) of this section,
procedures acceptable to the FAA Flight Standards District Office
charged with the overall inspection of the certificate holder shall be
established by the certificate holder to ensure that the performance of
the system can be appropriately monitored.
(Doc. No. 16097, 43 FR 46873, Oct. 10, 1978, as amended by Amdt.
135-6, 45 FR 47838, July 17, 1980; Amdt. 135-33, 54 FR 39294, Sept.
25, 1989)
14 CFR 135.155 Fire extinguishers: Passenger-carrying aircraft.
No person may operate an aircraft carrying passengers unless it is
equipped with hand fire extinguishers of an approved type for use in
crew and passenger compartments as follows --
(a) The type and quantity of extinguishing agent must be suitable for
the kinds of fires likely to occur;
(b) At least one hand fire extinguisher must be provided and
conveniently located on the flight deck for use by the flight crew; and
(c) At least one hand fire extinguisher must be conveniently located
in the passenger compartment of each aircraft having a passenger seating
configuration, excluding any pilot seat, of at least 10 seats but less
than 31 seats.
14 CFR 135.157 Oxygen equipment requirements.
(a) Unpressurized aircraft. No person may operate an unpressurized
aircraft at altitudes prescribed in this section unless it is equipped
with enough oxygen dispensers and oxygen to supply the pilots under
135.89(a) and to supply, when flying --
(1) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to
at least 10 percent of the occupants of the aircraft, other than the
pilots, for that part of the flight at those altitudes that is of more
than 30 minutes duration; and
(2) Above 15,000 feet MSL, oxygen to each occupant of the aircraft
other than the pilots.
(b) Pressurized aircraft. No person may operate a pressurized
aircraft --
(1) At altitudes above 25,000 feet MSL, unless at least a 10-minute
supply of supplemental oxygen is available for each occupant of the
aircraft, other than the pilots, for use when a descent is necessary due
to loss of cabin pressurization; and
(2) Unless it is equipped with enough oxygen dispensers and oxygen to
comply with paragraph (a) of this section whenever the cabin pressure
altitude exceeds 10,000 feet MSL and, if the cabin pressurization fails,
to comply with 135.89 (a) or to provide a 2-hour supply for each pilot,
whichever is greater, and to supply when flying --
(i) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to
at least 10 percent of the occupants of the aircraft, other than the
pilots, for that part of the flight at those altitudes that is of more
than 30 minutes duration; and
(ii) Above 15,000 feet MSL, oxygen to each occupant of the aircraft,
other than the pilots, for one hour unless, at all times during flight
above that altitude, the aircraft can safely descend to 15,000 feet MSL
within four minutes, in which case only a 30-minute supply is required.
(c) The equipment required by this section must have a means --
(1) To enable the pilots to readily determine, in flight, the amount
of oxygen available in each source of supply and whether the oxygen is
being delivered to the dispensing units; or
(2) In the case of individual dispensing units, to enable each user
to make those determinations with respect to that person's oxygen supply
and delivery; and
(3) To allow the pilots to use undiluted oxygen at their discretion
at altitudes above 25,000 feet MSL.
14 CFR 135.158 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. 135-17, 46 FR 48306, Aug. 31, 1981, as amended by Amdt.
135-33, 54 FR 39294, Sept. 25, 1989)
14 CFR 135.159 Equipment requirements: Carrying passengers under VFR
at night or under VFR over-the-top conditions.
No person may operate an aircraft carrying passengers under VFR at
night or under VFR over-the-top, unless it is equipped with --
(a) A gyroscopic rate-of-turn indicator except on the following
aircraft:
(1) 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.
(2) Helicopters 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.
(3) Helicopters with a maximum certificated takeoff weight of 6,000
pounds or less.
(b) A slip skid indicator.
(c) A gyroscopic bank-and-pitch indicator.
(d) A gyroscopic direction indicator.
(e) A generator or generators able to supply all probable
combinations of continuous in-flight electrical loads for required
equipment and for recharging the battery.
(f) For night flights --
(1) An anticollision light system;
(2) Instrument lights to make all instruments, switches, and gauges
easily readable, the direct rays of which are shielded from the pilots'
eyes; and
(3) A flashlight having at least two size ''D'' cells or equivalent.
(g) For the purpose of paragraph (e) of this section, a continuous
in-flight electrical load includes one that draws current continuously
during flight, such as radio equipment and electrically driven
instruments and lights, but does not include occasional intermittent
loads.
(h) Notwithstanding provisions of paragraphs (b), (c), and (d),
helicopters having a maximum certificated takeoff weight of 6,000 pounds
or less may be operated until January 6, 1988, under visual flight rules
at night without a slip skid indicator, a gyroscopic bank-and-pitch
indicator, or a gyroscopic direction indicator.
(Doc. No. 24550, Amdt. No. 135-20, 51 FR 40709, Nov. 7, 1986, as
amended by Amdt. 135-38, 55 FR 43310, Oct. 26, 1990)
14 CFR 135.161 Radio and navigational equipment: Carrying passengers
under VFR at night or under VFR over-the-top.
(a) No person may operate an aircraft carrying passengers under VFR
at night, or under VFR over-the-top, 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 aircraft carrying passengers under VFR
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 VFR
at night unless it has radio navigational equipment able to receive
radio signals from the ground facilities to be used.
14 CFR 135.163 Equipment requirements: Aircraft carrying passengers
under IFR.
No person may operate an aircraft under IFR, carrying passengers,
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) For a single-engine aircraft, a generator or generators able to
supply all probable combinations of continuous inflight electrical loads
for required equipment and for recharging the battery;
(g) For multiengine aircraft, at least two generators each of which
is on a separate engine, of 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 aircraft except that for multiengine helicopters, the
two required generators may be mounted on the main rotor drive train;
and
(h) 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,
unless, for single-engine aircraft, the rate-of-turn indicator has a
source of energy separate from the bank and pitch and direction
indicators. For the purpose of this paragraph, for multiengine
aircraft, each engine-driven source of energy must be on a different
engine.
(i) For the purpose 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.
14 CFR 135.165 Radio and navigational equipment: Extended overwater or
IFR operations.
(a) No person may operate a turbojet airplane having a passenger
seating configuration, excluding any pilot seat, of 10 seats or more, or
a multiengine airplane carrying passengers as a Commuter Air Carrier as
defined in part 298 of this title, 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.
(b) No person may operate an aircraft other than that specified in
paragraph (a) of this section, 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 and
which are capable of transmitting to, and receiving from, at any place
on the route, at least one ground facility:
(1) A transmitter, (2) two microphones, (3) two headsets or one
headset and one speaker, (4) a marker beacon receiver, (5) two
independent receivers for navigation, (6) two independent receivers for
communications, and (7) for extended overwater operations only, an
additional transmitter.
(c) For the purpose of paragraphs (a)(5), (a)(6), (b)(5), and (b)(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 135.167 Emergency equipment: Extended overwater operations.
(a) No person may operate an aircraft 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 for each occupant of the aircraft. The life preserver
must be easily accessible to each seated occupant.
(2) Enough approved liferafts of a rated capacity and buoyancy to
accommodate the occupants of the aircraft.
(b) Each liferaft required by paragraph (a) of this section must be
equipped with or contain at least the following:
(1) One approved survivor locator light.
(2) One approved pyrotechnic signaling device.
(3) Either --
(i) One survival kit, appropriately equipped for the route to be
flown; or
(ii) One canopy (for sail, sunshade, or rain catcher);
(iii) One radar reflector;
(iv) One liferaft repair kit;
(v) One bailing bucket;
(vi) One signaling mirror;
(vii) One police whistle;
(viii) One raft knife;
(ix) One CO2 bottle for emergency inflation;
(x) One inflation pump;
(xi) Two oars;
(xii) One 75-foot retaining line;
(xiii) One magnetic compass;
(xiv) One dye marker;
(xv) One flashlight having at least two size ''D'' cells or
equivalent;
(xvi) A 2-day supply of emergency food rations supplying at least
1,000 calories per day for each person;
(xvii) For each two persons the raft is rated to carry, two pints of
water or one sea water desalting kit;
(xviii) One fishing kit; and
(xix) One book on survival appropriate for the area in which the
aircraft is operated.
(c) No person may operate an aircraft 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 the applicable requirements of TSO-C91.
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) of this section 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.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-4, 45 FR 38348, June 30, 1980; Amdt. 135-20, 51 FR 40710, Nov. 7,
1986)
14 CFR 135.169 Additional airworthiness requirements.
(a) Except for commuter category airplanes, no person may operate a
large airplane unless it meets the additional airworthiness requirements
of 121.213 through 121.283, 121.307, and 121.312 of this chapter.
(b) No person may operate a reciprocating-engine or
turbopropeller-powered small airplane that has a passenger seating
configuration, excluding pilot seats, of 10 seats or more unless it is
type certificated --
(1) In the transport category;
(2) Before July 1, 1970, in the normal category and meets special
conditions issued by the Administrator for airplanes intended for use in
operations under this part;
(3) Before July 19, 1970, in the normal category and meets the
additional airworthiness standards in Special Federal Aviation
Regulation No. 23;
(4) In the normal category and meets the additional airworthiness
standards in appendix A;
(5) In the normal category and complies with section 1.(a) of Special
Federal Aviation Regulation No. 41;
(6) In the normal category and complies with section 1.(b) of Special
Federal Aviation Regulation No. 41; or
(7) In the commuter category.
(c) No person may operate a small airplane with a passenger seating
configuration, excluding any pilot seat, of 10 seats or more, with a
seating configuration greater than the maximum seating configuration
used in that type airplane in operations under this part before August
19, 1977. This paragraph does not apply to --
(1) An airplane that is type certificated in the transport category;
or
(2) An airplane that complies with --
(i) Appendix A of this part provided that its passenger seating
configuration, excluding pilot seats, does not exceed 19 seats; or
(ii) Special Federal Aviation Regulation No. 41.
(d) Cargo or baggage compartments:
(1) 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 panels which are constructed of:
(i) Glass fiber reinforced resin;
(ii) Materials which meet the test requirements of part 25, appendix
F, part III of this chapter; or
(iii) In the case of liner installations approved prior to March 20,
1989, aluminum.
(2) For compliance with this paragraph, 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. 16097, 43 FR 46783, Oct. 10, 1978, as amended at 44 FR
53731, Sept. 17, 1979; Amdt. 135-21, 52 FR 1836, Jan. 15, 1987; 52 FR
34745, Sept. 14, 1987; Amdt. 135-31, 54 FR 7389, Feb. 17, 1989)
14 CFR 135.170 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 one 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.
(44 FR 53731, Sept. 17, 1979)
14 CFR 135.171 Shoulder harness installation at flight crewmember
stations.
(a) No person may operate a turbojet aircraft or an aircraft having a
passenger seating configuration, excluding any pilot seat, of 10 seats
or more unless it is equipped with an approved shoulder harness
installed for each flight crewmember station.
(b) Each flight crewmember occupying a station equipped with a
shoulder harness must fasten the shoulder harness during takeoff and
landing, except that the shoulder harness may be unfastened if the
crewmember cannot perform the required duties with the shoulder harness
fastened.
14 CFR 135.173 Airborne thunderstorm detection equipment requirements.
(a) No person may operate an aircraft that has a passenger seating
configuration, excluding any pilot seat, of 10 seats or more in
passenger-carrying operations, except a helicopter operating under day
VFR conditions, unless the aircraft is equipped with either approved
thunderstorm detection equipment or approved airborne weather radar
equipment.
(b) After January 6, 1988, no person may operate a helicopter that
has a passenger seating configuration, excluding any pilot seat, of 10
seats or more in passenger-carrying operations, under night VFR when
current weather reports indicate that thunderstorms or other potentially
hazardous weather conditions that can be detected with airborne
thunderstorm detection equipment may reasonably be expected along the
route to be flown, unless the helicopter is equipped with either
approved thunderstorm detection equipment or approved airborne weather
radar equipment.
(c) 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 thunderstorm detection equipment, required by paragraph (a) or
(b) of this section, may reasonably be expected along the route to be
flown, unless the airborne thunderstorm detection equipment is in
satisfactory operating condition.
(d) If the airborne thunderstorm detection equipment becomes
inoperative en route, the aircraft must be operated under the
instructions and procedures specified for that event in the manual
required by 135.21.
(e) This section does not apply to aircraft 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.
(f) Without regard to any other provision of this part, an alternate
electrical power supply is not required for airborne thunderstorm
detection equipment.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-20, 51 FR 40710, Nov. 7, 1986)
14 CFR 135.175 Airborne weather radar equipment requirements.
(a) No person may operate a large, transport category aircraft in
passenger-carrying operations unless approved airborne weather radar
equipment is installed in the aircraft.
(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 aircraft must be operated under the instructions and
procedures specified for that event in the manual required by 135.21.
(d) This section does not apply to aircraft 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 135.177 Emergency equipment requirements for aircraft having a
passenger seating configuration of more than 19 passengers.
(a) No person may operate an aircraft having a passenger seating
configuration, excluding any pilot seat, of more than 19 seats 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-319a, 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 constructed so that they can be turned on and off by a
crewmember. Seat belt signs must be turned on for each takeoff and
landing, and at other times considered necessary by the pilot in
command. No smoking signs shall be turned on when required by 135.127
of this part.
(4) For airplanes has the additional emergency equipment specified in
121.310 of this chapter.
(b) Each item of equipment must be inspected regularly under
inspection periods established in the operations specifications to
ensure its condition for continued serviceability and immediate
readiness to perform its intended emergency purposes.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-25, 53 FR 12362, Apr. 13, 1988)
14 CFR 135.179 Inoperable instruments and equipment.
(a) No person may take off an aircraft with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(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 aircraft with certain
instruments and equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and
the information required by (a)(3)(ii) of this section must be available
to the pilot.
(5) The aircraft 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
aircraft with inoperable instruments or equipment may be operated under
a special flight permit under 179.197 and 21.199 of this chapter.
(Doc. No. 25780, 56 FR 12311, Mar. 22, 1991; 56 FR 14920, Apr. 8,
1991)
14 CFR 135.180 Traffic Alert and Collision Avoidance System.
(a) After February 9, 1995 no person may operate a turbine powered
airplane that has a passenger seating configuration, excluding any pilot
seat, of 10 to 30 seats unless it is equipped with an approved traffic
alert and collision avoidance system.
(b) The airplane flight manual required by 135.21 of this part shall
contain the following information on the TCAS I system required by this
section:
(1) Appropriate procedures for --
(i) The use of the equipment; and
(ii) Proper flightcrew action with respect to the equipment
operation.
(2) An outline of all input sources that must be operating for the
TCAS to function properly.
(Doc. No. 25355, 54 FR 951, Jan. 10, 1989)
14 CFR 135.181 Performance requirements: Aircraft operated
over-the-top or in IFR conditions.
(a) Except as provided in paragraphs (b) and (c) of this section, no
person may --
(1) Operate a single-engine aircraft carrying passengers over-the-top
or in IFR conditions; or
(2) Operate a multiengine aircraft carrying passengers over-the-top
or in IFR conditions at a weight that will not allow it to climb, with
the critical engine inoperative, at least 50 feet a minute when
operating at the MEAs of the route to be flown or 5,000 feet MSL,
whichever is higher.
(b) Notwithstanding the restrictions in paragraph (a)(2) of this
section, multiengine helicopters carrying passengers offshore may
conduct such operations in over-the-top or in IFR conditions at a weight
that will allow the helicopter to climb at least 50 feet per minute with
the critical engine inoperative when operating at the MEA of the route
to be flown or 1,500 feet MSL, whichever is higher.
(c) Without regard to paragraph (a) of this section --
(1) If the latest weather reports or forecasts, or any combination of
them, indicate that the weather along the planned route (including
takeoff and landing) allows flight under VFR under the ceiling (if a
ceiling exists) and that the weather is forecast to remain so until at
least 1 hour after the estimated time of arrival at the destination, a
person may operate an aircraft over-the-top; or
(2) If the latest weather reports or forecasts, or any combination of
them, indicate that the weather along the planned route allows flight
under VFR under the ceiling (if a ceiling exists) beginning at a point
no more than 15 minutes flying time at normal cruise speed from the
departure airport, a person may --
(i) Take off from the departure airport in IFR conditions and fly in
IFR conditions to a point no more than 15 minutes flying time at normal
cruise speed from that airport;
(ii) Operate an aircraft in IFR conditions if unforecast weather
conditions are encountered while en route on a flight planned to be
conducted under VFR; and
(iii) Make an IFR approach at the destination airport if unforecast
weather conditions are encountered at the airport that do not allow an
approach to be completed under VFR.
(d) Without regard to paragraph (a) of this section, a person may
operate an aircraft over-the-top under conditions allowing --
(1) For multiengine aircraft, descent or continuance of the flight
under VFR if its critical engine fails; or
(2) For single-engine aircraft, descent under VFR if its engine
fails.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-20, 51 FR 40710, Nov. 7, 1986)
14 CFR 135.183 Performance requirements: Land aircraft operated over
water.
No person may operate a land aircraft carrying passengers over water
unless --
(a) It is operated at an altitude that allows it to reach land in the
case of engine failure;
(b) It is necessary for takeoff or landing;
(c) It is a multiengine aircraft operated at a weight that will allow
it to climb, with the critical engine inoperative, at least 50 feet a
minute, at an altitude of 1,000 feet above the surface; or
(d) It is a helicopter equipped with helicopter flotation devices.
14 CFR 135.185 Empty weight and center of gravity: Currency
requirement.
(a) No person may operate a multiengine aircraft unless the current
empty weight and center of gravity are calculated from values
established by actual weighing of the aircraft within the preceding 36
calendar months.
(b) Paragraph (a) of this section does not apply to --
(1) Aircraft issued an original airworthiness certificate within the
preceding 36 calendar months; and
(2) Aircraft operated under a weight and balance system approved in
the operations specifications of the certificate holder.
14 CFR 135.185 Subpart D -- VFR/IFR Operating Limitations and Weather Requirements
14 CFR 135.201 Applicability.
This subpart prescribes the operating limitations for VFR/IFR flight
operations and associated weather requirements for operations under this
part.
14 CFR 135.203 VFR: Minimum altitudes.
Except when necessary for takeoff and landing, no person may operate
under VFR --
(a) An airplane --
(1) During the day, below 500 feet above the surface or less than 500
feet horizontally from any obstacle; or
(2) At night, at an altitude less than 1,000 feet above the highest
obstacle within a horizontal distance of 5 miles from the course
intended to be flown or, in designated mountainous terrain, less than
2,000 feet above the highest obstacle within a horizontal distance of 5
miles from the course intended to be flown; or
(b) A helicopter over a congested area at an altitude less than 300
feet above the surface.
14 CFR 135.205 VFR: Visibility requirements.
(a) No person may operate an airplane under VFR in uncontrolled
airspace when the ceiling is less than 1,000 feet unless flight
visibility is at least 2 miles.
(b) No person may operate a helicopter under VFR in uncontrolled
airspace at an altitude of 1,200 feet or less above the surface or in
control zones unless the visibility is at least --
(1) During the day -- 1/2 mile; or
(2) At night -- 1 mile.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-40, 56 FR 65663, Dec. 17, 1991
Effective Date Note: By 135-40, 56 FR 65663, Dec. 17, 1991,
135.205 was amended by revising the introductory text to paragraph (b),
effective September 16, 1993. For the convenience of the user, the
revised text follows.
135.205 VFR: Visibility requirements.
(b) No person may operate a helicopter under VFR in Class G airspace
at an altitude of 1,200 feet or less above the surface or within the
lateral boundaries of the surface areas of Class B, Class C, Class D, or
Class E airspace designated for an airport unless the visibility is at
least --
14 CFR 135.207 VFR: Helicopter surface reference requirements.
No person may operate a helicopter under VFR unless that person has
visual surface reference or, at night, visual surface light reference,
sufficient to safely control the helicopter.
14 CFR 135.209 VFR: Fuel supply.
(a) No person may begin a flight operation in an airplane under VFR
unless, considering wind and forecast weather conditions, it has enough
fuel to fly to the first point of intended landing and, assuming normal
cruising fuel consumption --
(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 operation in a helicopter under VFR
unless, considering wind and forecast weather conditions, it has enough
fuel to fly to the first point of intended landing and, assuming normal
cruising fuel consumption, to fly after that for at least 20 minutes.
14 CFR 135.211 VFR: Over-the-top carrying passengers: Operating
limitations.
Subject to any additional limitations in 135.181, no person may
operate an aircraft under VFR over-the-top carrying passengers, unless
--
(a) Weather reports or forecasts, or any combination of them,
indicate that the weather at the intended point of termination of
over-the-top flight --
(1) Allows descent to beneath the ceiling under VFR and is forecast
to remain so until at least 1 hour after the estimated time of arrival
at that point; or
(2) Allows an IFR approach and landing with flight clear of the
clouds until reaching the prescribed initial approach altitude over the
final approach facility, unless the approach is made with the use of
radar under 91.175(f) of this chapter; or
(b) It is operated under conditions allowing --
(1) For multiengine aircraft, descent or continuation of the flight
under VFR if its critical engine fails; or
(2) For single-engine aircraft, descent under VFR if its engine
fails.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-32, 54 FR 34332, Aug. 18, 1989)
14 CFR 135.213 Weather reports and forecasts.
(a) Whenever a person operating an aircraft under this part is
required to use a weather report or forecast, that person shall use that
of the U.S. National Weather Service, a source approved by the U.S.
National Weather Service, or a source approved by the Administrator.
However, for operations under VFR, the pilot in command may, if such a
report is not available, use weather information based on that pilot's
own observations or on those of other persons competent to supply
appropriate observations.
(b) For the purposes of paragraph (a) of this section, weather
observations made and furnished to pilots to conduct IFR operations at
an airport must be taken at the airport where those IFR operations are
conducted, unless the Administrator issues operations specifications
allowing the use of weather observations taken at a location not at the
airport where the IFR operations are conducted. The Administrator
issues such operations specifications when, after investigation by the
U.S. National Weather Service and the FAA Flight Standards District
Office charged with the overall inspection of the certificate holder, it
is found that the standards of safety for that operation would allow the
deviation from this paragraph for a particular operation for which an
ATCO operating certificate has been issued.
14 CFR 135.215 IFR: Operating limitations.
(a) Except as provided in paragraphs (b), (c) and (d) of this
section, no person may operate an aircraft under IFR outside of
controlled airspace or at any airport that does not have an approved
standard instrument approach procedure.
(b) The Administrator may issue operations specifications to the
certificate holder to allow it to operate under IFR over routes outside
controlled airspace if --
(1) The certificate holder shows the Administrator that the flight
crew is able to navigate, without visual reference to the ground, over
an intended track without deviating more than 5 degrees or 5 miles,
whichever is less, from that track; and
(2) The Administrator determines that the proposed operations can be
conducted safely.
(c) A person may operate an aircraft under IFR outside of controlled
airspace if the certificate holder has been approved for the operations
and that operation is necessary to --
(1) Conduct an instrument approach to an airport for which there is
in use a current approved standard or special instrument approach
procedure; or
(2) Climb into controlled airspace during an approved missed approach
procedure; or
(3) Make an IFR departure from an airport having an approved
instrument approach procedure.
(d) The Administrator may issue operations specifications to the
certificate holder to allow it to depart at an airport that does not
have an approved standard instrument approach procedure when the
Administrator determines that it is necessary to make an IFR departure
from that airport and that the proposed operations can be conducted
safely. The approval to operate at that airport does not include an
approval to make an IFR approach to that airport.
14 CFR 135.217 IFR: Takeoff limitations.
No person may takeoff an aircraft under IFR from an airport where
weather conditions are at or above takeoff minimums but are below
authorized IFR landing minimums unless there is an alternate airport
within 1 hour's flying time (at normal cruising speed, in still air) of
the airport of departure.
14 CFR 135.219 IFR: Destination airport weather minimums.
No person may take off an aircraft under IFR or begin an IFR or
over-the-top operation unless the latest weather reports or forecasts,
or any combination of them, indicate that weather conditions at the
estimated time of arrival at the next airport of intended landing will
be at or above authorized IFR landing minimums.
14 CFR 135.221 IFR: Alternate airport weather minimums.
No person may designate an alternate airport unless the weather
reports or forecasts, or any combination of them, indicate that the
weather conditions will be at or above authorized alternate airport
landing minimums for that airport at the estimated time of arrival.
14 CFR 135.223 IFR: Alternate airport requirements.
(a) Except as provided in paragraph (b) of this section, no person
may operate an aircraft in IFR conditions unless it carries enough fuel
(considering weather reports or forecasts or any combination of them) 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 part 97 of
this chapter prescribes a standard instrument approach procedure for the
first airport of intended landing and, for at least one hour before and
after the estimated time of arrival, the appropriate weather reports or
forecasts, or any combination of them, indicate that --
(1) The ceiling will be at least 1,500 feet above the lowest circling
approach MDA; or
(2) If a circling instrument approach is not authorized for the
airport, the ceiling will be at least 1,500 feet above the lowest
published minimum or 2,000 feet above the airport elevation, whichever
is higher; and
(3) Visibility for that airport is forecast to be at least three
miles, or two miles more than the lowest applicable visibility minimums,
whichever is the greater, for the instrument approach procedure to be
used at the destination airport.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-20, 51 FR 40710, Nov. 7, 1986)
14 CFR 135.225 IFR: Takeoff, approach and landing minimums.
(a) No pilot may begin an instrument approach procedure to an airport
unless --
(1) That airport has a weather reporting facility operated by the
U.S. National Weather Service, a source approved by U.S. National
Weather Service, or a source approved by the Administrator; and
(2) The latest weather report issued by that weather reporting
facility indicates that weather conditions are at or above the
authorized IFR landing minimums for that airport.
(b) No pilot may begin the final approach segment of an instrument
approach procedure to an airport unless the latest weather reported by
the facility described in paragraph (a)(1) of this section indicates
that weather conditions are at or above the authorized IFR landing
minimums for that procedure.
(c) If a pilot has begun the final approach segment of an instrument
approach to an airport under paragraph (b) of this section and a later
weather report indicating below minimum conditions is received after the
aircraft is --
(1) On an ILS final approach and has passed the final approach fix;
or
(2) On an ASR or PAR final approach and has been turned over to the
final approach controller; or
(3) On a final approach using a VOR, NDB, or comparable approach
procedure; and the aircraft --
(i) Has passed the appropriate facility or final approach fix; or
(ii) Where a final approach fix is not specified, has completed the
procedure turn and is established inbound toward the airport on the
final approach course within the distance prescribed in the procedure;
the approach may be continued and a landing made if the pilot finds,
upon reaching the authorized MDA or DH, that actual weather conditions
are at least equal to the minimums prescribed for the procedure.
(d) The MDA or DH and visibility landing minimums prescribed in part
97 of this chapter or in the operator's operations specifications are
increased by 100 feet and 1/2 mile respectively, but not to exceed the
ceiling and visibility minimums for that airport when used as an
alternate airport, for each pilot in command of a turbine-powered
airplane who has not served at least 100 hours as pilot in command in
that type of airplane.
(e) Each pilot making an IFR take- off or approach and landing at a
military or foreign airport shall comply with applicable instrument
approach procedures and weather minimums prescribed by the authority
having jurisdiction over that airport. In addition, no pilot may, at
that airport --
(1) Take off under IFR when the visibility is less than 1 mile; or
(2) Make an instrument approach when the visibility is less than 1/2
mile.
(f) If takeoff minimums are specified in part 97 of this chapter for
the take- off airport, no pilot may take off an aircraft under IFR when
the weather conditions reported by the facility described in paragraph
(a)(1) of this section are less than the takeoff minimums specified for
the takeoff airport in part 97 or in the certificate holder's operations
specifications.
(g) Except as provided in paragraph (h) of this section, if takeoff
minimums are not prescribed in part 97 of this chapter for the takeoff
airport, no pilot may take off an aircraft under IFR when the weather
conditions reported by the facility described in paragraph (a)(1) of
this section are less than that prescribed in part 91 of this chapter or
in the certificate holder's operations specifications.
(h) At airports where straight-in instrument approach procedures are
authorized, a pilot may take off an aircraft under IFR when the weather
conditions reported by the facility described in paragraph (a)(1) of
this section are equal to or better than the lowest straight-in landing
minimums, unless otherwise restricted, if --
(1) The wind direction and velocity at the time of takeoff are such
that a straight-in instrument approach can be made to the runway served
by the instrument approach;
(2) The associated ground facilities upon which the landing minimums
are predicated and the related airborne equipment are in normal
operation; and
(3) The certificate holder has been approved for such operations.
14 CFR 135.227 Icing conditions: Operating limitations.
(a) No pilot may take off an aircraft that has --
(1) Frost, snow, or ice adhering to any rotor blade, 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 section 34 of appendix A, 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 aircraft has functioning deicing or anti-icing equipment protecting
each rotor blade, propeller, windshield, wing, stabilizing or control
surface, and each airspeed, altimeter, rate of climb, or flight attitude
instrument system.
(c) No pilot may fly a helicopter under IFR into known or forecast
icing conditions or under VFR into known icing conditions unless it has
been type certificated and appropriately equipped for operations in
icing conditions.
(d) Except for an airplane that has ice protection provisions that
meet section 34 of appendix A, or those for transport category airplane
type certification, no pilot may fly an aircraft into known or forecast
severe icing conditions.
(e) 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), (c), and (d) of this section based on
forecast conditions do not apply.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
133-20, 51 FR 40710, Nov. 7, 1986)
14 CFR 135.229 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 aircraft 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 --
(i) For airplanes, by boundary or runway marker lights;
(ii) For helicopters, by boundary or runway marker lights or
reflective material.
(c) For the purpose 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 135.229 Subpart E -- Flight Crewmember Requirements
14 CFR 135.241 Applicability.
This subpart prescribes the flight crewmember requirements for
operations under this part.
14 CFR 135.243 Pilot in command qualifications.
(a) No certificate holder may use a person, nor may any person serve,
as pilot in command in passenger-carrying operations of a turbojet
airplane, of an airplane having a passenger seating configuration,
excluding any pilot seat, of 10 seats or more, or a multiengine airplane
being operated by the ''Commuter Air Carrier'' (as defined in part 298
of this title), unless that person holds an airline transport pilot
certificate with appropriate category and class ratings and, if
required, an appropriate type rating for that airplane.
(b) Except as provided in paragraph (a) of this section, no
certificate holder may use a person, nor may any person serve, as pilot
in command of an aircraft under VFR unless that person --
(1) Holds at least a commercial pilot certificate with appropriate
category and class ratings and, if required, an appropriate type rating
for that aircraft; and
(2) Has had at least 500 hours time as a pilot, including at least
100 hours of cross-country flight time, at least 25 hours of which were
at night; and
(3) For an airplane, holds an instrument rating or an airline
transport pilot certificate with an airplane category rating; or
(4) For helicopter operations conducted VFR over-the-top, holds a
helicopter instrument rating, or an airline transport pilot certificate
with a category and class rating for that aircraft, not limited to VFR.
(c) Except as provided in paragraph (a) of this section, no
certificate holder may use a person, nor may any person serve, as pilot
in command of an aircraft under IFR unless that person --
(1) Holds at least a commercial pilot certificate with appropriate
category and class ratings and, if required, an appropriate type rating
for that aircraft; and
(2) 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,
and 75 hours of actual or simulated instrument time at least 50 hours of
which were in actual flight; and
(3) For an airplane, holds an instrument rating or an airline
transport pilot certificate with an airplane category rating; or
(4) For a helicopter, holds a helicopter instrument rating, or an
airline transport pilot certificate with a category and class rating for
that aircraft, not limited to VFR.
(d) Paragraph (b)(3) of this section does not apply when --
(1) The aircraft used is a single reciprocating-engine-powered
airplane;
(2) The certificate holder does not conduct any operation pursuant to
a published flight schedule which specifies five or more round trips a
week between two or more points and places between which the round trips
are performed, and does not transport mail by air under a contract or
contracts with the United States Postal Service having total amount
estimated at the beginning of any semiannual reporting period (January
1-June 30; July 1-December 31) to be in excess of $20,000 over the 12
months commencing with the beginning of the reporting period;
(3) The area, as specified in the certificate holder's operations
specifications, is an isolated area, as determined by the Flight
Standards district office, if it is shown that --
(i) The primary means of navigation in the area is by pilotage, since
radio navigational aids are largely ineffective; and
(ii) The primary means of transportation in the area is by air;
(4) Each flight is conducted under day VFR with a ceiling of not less
than 1,000 feet and visibility not less than 3 statute miles;
(5) Weather reports or forecasts, or any combination of them,
indicate that for the period commencing with the planned departure and
ending 30 minutes after the planned arrival at the destination the
flight may be conducted under VFR with a ceiling of not less than 1,000
feet and visibility of not less than 3 statute miles, except that if
weather reports and forecasts are not available, the pilot in command
may use that pilot's observations or those of other persons competent to
supply weather observations if those observations indicate the flight
may be conducted under VFR with the ceiling and visibility required in
this paragraph;
(6) The distance of each flight from the certificate holder's base of
operation to destination does not exceed 250 nautical miles for a pilot
who holds a commercial pilot certificate with an airplane rating without
an instrument rating, provided the pilot's certificate does not contain
any limitation to the contrary; and
(7) The areas to be flown are approved by the certificate-holding FAA
Flight Standards district office and are listed in the certificate
holder's operations specifications.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; 43 FR 49975, Oct 26,
1978, as amended by Amdt. 135-15, 46 FR 30971, June 11, 1981)
14 CFR 135.244 Operating experience.
(a) No certificate holder may use any person, nor may any person
serve, as a pilot in command of an aircraft operated by a Commuter Air
Carrier (as defined in 298.2 of this title) in passenger-carrying
operations, unless that person has completed, prior to designation as
pilot in command, on that make and basic model aircraft and in that
crewmember position, the following operating experience in each make and
basic model of aircraft to be flown:
(1) Aircraft, single engine -- 10 hours.
(2) Aircraft multiengine, reciprocating engine-powered -- 15 hours.
(3) Aircraft multiengine, turbine engine-powered -- 20 hours.
(4) Airplane, turbojet-powered -- 25 hours.
(b) In acquiring the operating experience, each person must comply
with the following:
(1) The operating experience must be acquired after satisfactory
completion of the appropriate ground and flight training for the
aircraft and crewmember position. Approved provisions for the operating
experience must be included in the certificate holder's training
program.
(2) The experience must be acquired in flight during commuter
passenger-carrying 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.
(3) Each person must acquire the operating experience while
performing the duties of a pilot in command under the supervision of a
qualified check pilot.
(4) The hours of operating experience may be reduced to not less than
50 percent of the hours required by this section by the substitution of
one additional takeoff and landing for each hour of flight.
(Doc. No. 20011, 45 FR 7541, Feb. 4, 1980, as amended by Amdt.
135-9, 45 FR 80461, Dec. 14, 1980)
14 CFR 135.245 Second in command qualifications.
(a) Except as provided in paragraph (b), no certificate holder may
use any person, nor may any person serve, as second in command of an
aircraft unless that person holds at least a commercial pilot
certificate with appropriate category and class ratings and an
instrument rating. For flight under IFR, that person must meet the
recent instrument experience requirements of part 61 of this chapter.
(b) A second in command of a helicopter operated under VFR, other
than over-the-top, must have at least a commercial pilot certificate
with an appropriate aircraft category and class rating.
(44 FR 26738, May 7, 1979)
14 CFR 135.247 Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person
serve, as pilot in command of an aircraft carrying passengers unless,
within the preceding 90 days, that person has --
(1) Made three takeoffs and three landings as the sole manipulator of
the flight controls in an aircraft of the same category and class and,
if a type rating is required, of the same type in which that person is
to serve; or
(2) For operation during the period beginning 1 hour after sunset and
ending 1 hour before sunrise (as published in the Air Almanac), made
three takeoffs and three landings during that period as the sole
manipulator of the flight controls in an aircraft of the same category
and class and, if a type rating is required, of the same type in which
that person is to serve.
A person who complies with paragraph (a)(2) of this section need not
comply with paragraph (a)(1) of this section.
(b) For the purpose of paragraph (a) of this section, if the aircraft
is a tailwheel airplane, each takeoff must be made in a tailwheel
airplane and each landing must be made to a full stop in a tailwheel
airplane.
14 CFR 135.249 Use of prohibited drugs.
(a) This section applies to persons who perform a function listed in
appendix I to part 121 of this chapter for a certificate holder or an
operator. For the purpose of this section, a person who performs such a
function pursuant to a contract with the certificate holder or the
operator is considered to be performing that function for the
certificate holder or the operator.
(b) No certificate holder or operator may knowingly use any person to
perform, nor may any person perform for a certificate holder or an
operator, either directly or by contract, any function listed in
appendix I to part 121 of this chapter 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 or operator may knowingly use any person to perform,
nor may any person perform for a certificate holder or an operator,
either directly or by contract, any function listed in appendix I to
part 121 of this chapter if that person has failed a test or refused to
submit to a test required by that appendix given by any certificate
holder or any operator.
(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. No. 135-28, 53 FR 47061, Nov. 21, 1988)
14 CFR 135.251 Testing for prohibited drugs.
(a) Each certificate holder or operator shall test each of its
employees who performs a function listed in appendix I to part 121 of
this chapter in accordance with that appendix.
(b) No certificate holder or operator may use any contractor to
perform a function listed in appendix I to part 121 of this chapter
unless that contractor tests each employee performing such a function
for the certificate holder or operator in accordance with that appendix.
(Doc. No. 25148, Amdt. No. 135-28, 53 FR 47061, Nov. 21, 1988)
14 CFR 135.251 Subpart F -- Flight Crewmember Flight Time Limitations
and Rest Requirements
Source: Docket No. 23634, 50 FR 29320, July 18, 1985.
14 CFR 135.261 Applicability.
Sections 135.263 through 135.271 prescribe flight time limitations
and rest requirements for operations conducted under this part as
follows:
(a) Section 135.263 applies to all operations under this subpart.
(b) Section 135.265 applies to:
(1) Scheduled passenger-carrying operations except those conducted
solely within the state of Alaska. ''Scheduled passenger-carrying
operations'' means passenger-carrying operations that are conducted in
accordance with a published schedule which covers at least five round
trips per week on at least one route between two or more points,
includes dates or times (or both), and is openly advertised or otherwise
made readily available to the general public, and
(2) Any other operation under this part, if the operator elects to
comply with 135.265 and obtains an appropriate operations specification
amendment.
(c) Sections 135.267 and 135.269 apply to any operation that is not a
scheduled passenger-carrying operation and to any operation conducted
solely within the State of Alaska, unless the operator elects to comply
with 135.265 as authorized under paragraph (b)(2) of this section.
(d) Section 135.271 contains special daily flight time limits for
operations conducted under the helicopter emergency medical evacuation
service (HEMES).
14 CFR 135.263 Flight time limitations and rest requirements: All
certificate holders.
(a) A certificate holder may assign a flight crewmember and a flight
crewmember may accept an assignment for flight time only when the
applicable requirements of 135.263 through 135.271 are met.
(b) No certificate holder may assign any flight crewmember to any
duty with the certificate holder during any required rest period.
(c) Time spent in transportation, not local in character, that a
certificate holder 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.
(d) A flight crewmember is not considered to be assigned flight time
in excess of flight time limitations if the flights to which he is
assigned normally terminate within the limitations, but due to
circumstances beyond the control of the certificate holder or flight
crewmember (such as adverse weather conditions), are not at the time of
departure expected to reach their destination within the planned flight
time.
14 CFR 135.265 Flight time limitations and rest requirements:
Scheduled operations.
(a) No certificate holder may schedule any flight crewmember, and no
flight crewmember may accept an assignment, for flight time in scheduled
operations or in other commercial flying if that crewmember's total
flight time in all commercial flying will exceed --
(1) 1,200 hours in any calendar year.
(2) 120 hours in any calendar month.
(3) 34 hours in any 7 consecutive days.
(4) 8 hours during any 24 consecutive hours for a flight crew
consisting of one pilot.
(5) 8 hours between required rest periods for a flight crew
consisting of two pilots qualified under this part for the operation
being conducted.
(b) Except as provided in paragraph (c) of this section, no
certificate holder 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) A certificate holder 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.
(d) Each certificate holder 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.
14 CFR 135.267 Flight time limitations and rest requirements:
Unscheduled one- and two-pilot crews.
(a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment, for flight time as a member
of a one- or two-pilot crew if that crewmember's total flight time in
all commercial flying will exceed --
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) Except as provided in paragraph (c) of this section, during any
24 consecutive hours the total flight time of the assigned flight when
added to any other commercial flying by that flight crewmember may not
exceed --
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified
under this part for the operation being conducted.
(c) A flight crewmember's flight time may exceed the flight time
limits of paragraph (b) of this section if the assigned flight time
occurs during a regularly assigned duty period of no more than 14 hours
and --
(1) If this duty period is immediately preceded by and followed by a
required rest period of at least 10 consecutive hours of rest;
(2) If flight time is assigned during this period, that total flight
time when added to any other commercial flying by the flight crewmember
may not exceed --
(i) 8 hours for a flight crew consisting of one pilot; or
(ii) 10 hours for a flight crew consisting of two pilots; and
(3) If the combined duty and rest periods equal 24 hours.
(d) Each assignment under paragraph (b) of this section must provide
for at least 10 consecutive hours of rest during the 24-hour period that
precedes the planned completion time of the assignment.
(e) When a flight crewmember has exceeded the daily flight time
limitations in this section, because of circumstances beyond the control
of the certificate holder or flight crewmember (such as adverse weather
conditions), that flight crewmember must have a rest period before being
assigned or accepting an assignment for flight time of at least --
(1) 11 consecutive hours of rest if the flight time limitation is
exceeded by not more than 30 minutes;
(2) 12 consecutive hours of rest if the flight time limitation is
exceeded by more than 30 minutes, but not more than 60 minutes; and
(3) 16 consecutive hours of rest if the flight time limitation is
exceeded by more than 60 minutes.
(f) The certificate holder must provide each flight crewmember at
least 13 rest periods of at least 24 consecutive hours each in each
calendar quarter.
(g) The Director, Flight Standards Service may issue operations
specifications authorizing a deviation from any specific requirement of
this section if he finds that the deviation is justified to allow a
certificate holder additional time, but in no case beyond October 1,
1987, to bring its operations into full compliance with the requirements
of this section. Each application for a deviation must be submitted to
the Director, Flight Standards Service before October 1, 1986. Each
applicant for a deviation may continue to operate under the requirements
of subpart F of this part as in effect on September 30, 1985 until the
Director, Flight Standards Service has responded to the deviation
request.
(Doc. No. 23634, 50 FR 29320, July 18, 1989, as amended by Amdt.
135-33, 54 FR 39294, Sept. 25, 1989)
14 CFR 135.269 Flight time limitations and rest requirements:
Unscheduled three- and four-pilot crews.
(a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment, for flight time as a member
of a three- or four-pilot crew if that crewmember's total flight time in
all commercial flying will exceed --
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) No certificate holder may assign any pilot to a crew of three or
four pilots, unless that assignment provides --
(1) At least 10 consecutive hours of rest immediately preceding the
assignment;
(2) No more than 8 hours of flight deck duty in any 24 consecutive
hours;
(3) No more than 18 duty hours for a three-pilot crew or 20 duty
hours for a four-pilot crew in any 24 consecutive hours;
(4) No more than 12 hours aloft for a three-pilot crew or 16 hours
aloft for a four-pilot crew during the maximum duty hours specified in
paragraph (b)(3) of this section;
(5) Adequate sleeping facilities on the aircraft for the relief
pilot;
(6) Upon completion of the assignment, a rest period of at least 12
hours;
(7) For a three-pilot crew, a crew which consists of at least the
following:
(i) A pilot in command (PIC) who meets the applicable flight
crewmember requirements of subpart E of part 135;
(ii) A PIC who meets the applicable flight crewmember requirements of
subpart E of part 135, except those prescribed in 135.244 and 135.247;
and
(iii) A second in command (SIC) who meets the SIC qualifications of
135.245.
(8) For a four-pilot crew, at least three pilots who meet the
conditions of paragraph (b)(7) of this section, plus a fourth pilot who
meets the SIC qualifications of 135.245.
(c) When a flight crewmember has exceeded the daily flight deck duty
limitation in this section by more than 60 minutes, because of
circumstances beyond the control of the certificate holder or flight
crewmember, that flight crewmember must have a rest period before the
next duty period of at least 16 consecutive hours.
(d) A certificate holder must provide each flight crewmember at least
13 rest periods of at least 24 consecutive hours each in each calendar
quarter.
14 CFR 135.271 Helicopter hospital emergency medical evacuation service
(HEMES).
(a) No certificate holder may assign any flight crewmember, and no
flight crewmember may accept an assignment for flight time if that
crewmember's total flight time in all commercial flight will exceed --
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) No certificate holder may assign a helicopter flight crewmember,
and no flight crewmember may accept an assignment, for hospital
emergency medical evacuation service helicopter operations unless that
assignment provides for at least 10 consecutive hours of rest
immediately preceding reporting to the hospital for availability for
flight time.
(c) No flight crewmember may accrue more than 8 hours of flight time
during any 24-consecutive hour period of a HEMES assignment, unless an
emergency medical evacuation operation is prolonged. Each flight
crewmember who exceeds the daily 8 hour flight time limitation in this
paragraph must be relieved of the HEMES assignment immediately upon the
completion of that emergency medical evacuation operation and must be
given a rest period in compliance with paragraph (h) of this section.
(d) Each flight crewmember must receive at least 8 consecutive hours
of rest during any 24 consecutive hour period of a HEMES assignment. A
flight crewmember must be relieved of the HEMES assignment if he or she
has not or cannot receive at least 8 consecutive hours of rest during
any 24 consecutive hour period of a HEMES assignment.
(e) A HEMES assignment may not exceed 72 consecutive hours at the
hospital.
(f) An adequate place of rest must be provided at, or in close
proximity to, the hospital at which the HEMES assignment is being
performed.
(g) No certificate holder may assign any other duties to a flight
crewmember during a HEMES assignment.
(h) Each pilot must be given a rest period upon completion of the
HEMES assignment and prior to being assigned any further duty with the
certificate holder of --
(1) At least 12 consecutive hours for an assignment of less than 48
hours.
(2) At least 16 consecutive hours for an assignment of more than 48
hours.
(i) The certificate holder must provide each flight crewmember at
least 13 rest periods of at least 24 consecutive hours each in each
calendar quarter.
14 CFR 135.271 Subpart G -- Crewmember Testing Requirements
14 CFR 135.291 Applicability.
This subpart prescribes the tests and checks required for pilot and
flight attendant crewmembers and for the approval of check pilots in
operations under this part.
14 CFR 135.293 Initial and recurrent pilot testing requirements.
(a) No certificate holder may use a pilot, nor may any person serve
as a pilot, unless, since the beginning of the 12th calendar month
before that service, that pilot has passed a written or oral test, given
by the Administrator or an authorized check pilot, on that pilot's
knowledge in the following areas --
(1) The appropriate provisions of parts 61, 91, and 135 of this
chapter and the operations specifications and the manual of the
certificate holder;
(2) For each type of aircraft to be flown by the pilot, the aircraft
powerplant, major components and systems, major appliances, performance
and operating limitations, standard and emergency operating procedures,
and the contents of the approved Aircraft Flight Manual or equivalent,
as applicable;
(3) For each type of aircraft 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 or 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 --
(i) Recognizing and avoiding severe weather situations;
(ii) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear (except that rotorcraft
pilots are not required to be tested on escaping from low-altitude
windshear); and
(iii) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail,
and other potentially hazardous meteorological conditions; and
(8) New equipment, procedures, or techniques, as appropriate.
(b) No certificate holder may use a pilot, nor may any person serve
as a pilot, in any aircraft unless, since the beginning of the 12th
calendar month before that service, that pilot has passed a competency
check given by the Administrator or an authorized check pilot in that
class of aircraft, if single-engine airplane other than turbojet, or
that type of aircraft, if helicopter, multiengine airplane, or turbojet
airplane, to determine the pilot's competence in practical skills and
techniques in that aircraft or class of aircraft. The extent of the
competency check shall be determined by the Administrator or authorized
check pilot 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
aircraft 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. For the purposes of this paragraph, type, as to a
helicopter, means a basic make and model.
(c) The instrument proficiency check required by 135.297 may be
substituted for the competency check required by this section for the
type of aircraft used in the check.
(d) For the purpose 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 aircraft, with the successful
outcome of the maneuver never in doubt.
(e) The Administrator or authorized check pilot 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
aircraft simulator or other appropriate training device, if approved by
the Administrator.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-27, 53 FR 37697, Sept. 27, 1988)
14 CFR 135.295 Initial and recurrent flight attendant crewmember
testing requirements.
No certificate holder may use a flight attendant crewmember, 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 135.297 Pilot in command: Instrument proficiency check
requirements.
(a) No certificate holder may use a pilot, nor may any person serve,
as a pilot in command of an aircraft under IFR unless, since the
beginning of the 6th calendar month before that service, that pilot has
passed an instrument proficiency check under this section administered
by the Administrator or an authorized check pilot.
(b) No pilot may use any type of precision instrument approach
procedure under IFR unless, since the beginning of the 6th calendar
month before that use, the pilot satisfactorily demonstrated that type
of approach procedure. No pilot may use any type of nonprecision
approach procedure under IFR unless, since the beginning of the 6th
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. 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 supercharger 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. Each pilot taking the instrument
proficiency check must show that standard of competence required by
135.293(d).
(1) The instrument proficiency check must --
(i) For a pilot in command of an airplane under 135.243(a), include
the procedures and maneuvers for an airline transport pilot certificate
in the particular type of airplane, if appropriate; and
(ii) For a pilot in command of an airplane or helicopter under
135.243(c), 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
aircraft, that pilot must take the instrument proficiency check required
by paragraph (a) of this section in that type of aircraft.
(e) If the pilot in command is assigned to pilot more than one type
of aircraft, that pilot must take the instrument proficiency check
required by paragraph (a) of this section in each type of aircraft 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) If the pilot in command is assigned to pilot both single-engine
and multiengine aircraft, that pilot must initially take the instrument
proficiency check required by paragraph (a) of this section in a
multiengine aircraft, and each succeeding check alternately in
single-engine and multiengine aircraft, but not more than one flight
check during each period described in paragraph (a) of this section.
Portions of a required flight check may be given in an aircraft
simulator or other appropriate training device, if approved by the
Administrator.
(g) If the pilot in command is authorized to use an autopilot system
in place of a second in command, that pilot must show, during the
required instrument proficiency check, that the pilot is able (without a
second in command) both with and without using the autopilot to --
(1) Conduct instrument operations competently; and
(2) Properly conduct air-ground communications and comply with
complex air traffic control instructions.
(3) Each pilot taking the autopilot check must show that, while using
the autopilot, the airplane can be operated as proficiently as it would
be if a second in command were present to handle air-ground
communications and air traffic control instructions. The autopilot
check need only be demonstrated once every 12 calendar months during the
instrument proficiency check required under paragraph (a) of this
section.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-15, 46 FR 30971, June 11, 1981)
14 CFR 135.299 Pilot in command: Line checks: Routes and airports.
(a) No certificate holder may use a pilot, nor may any person serve,
as a pilot in command of a flight unless, since the beginning of the
12th calendar month before that service, that pilot has passed a flight
check in one of the types of aircraft which that pilot is to fly. The
flight check shall --
(1) Be given by an approved check pilot or by the Administrator;
(2) Consist of at least one flight over one route segment; and
(3) Include takeoffs and landings at one or more representative
airports. In addition to the requirements of this paragraph, for a
pilot authorized to conduct IFR operations, at least one flight shall be
flown over a civil airway, an approved off-airway route, or a portion of
either of them.
(b) The pilot who conducts the check shall determine whether the
pilot being checked satisfactorily performs the duties and
responsibilities of a pilot in command in operations under this part,
and shall so certify in the pilot training record.
(c) Each certificate holder shall establish in the manual required by
135.21 a procedure which will ensure that each pilot who has not flown
over a route and into an airport within the preceding 90 days will,
before beginning the flight, become familiar with all available
information required for the safe operation of that flight.
14 CFR 135.301 Crewmember: Tests and checks, grace provisions,
training to 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, as a flight crewmember in operations under this part until
the pilot has satisfactorily completed the check.
14 CFR 135.303 Check pilot authorization: Application and issue.
Each certificate holder desiring FAA approval of a check pilot 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 pilot if
that pilot passes the appropriate oral and flight test. The letter of
authority lists the tests and checks in this part that the check pilot
is qualified to give, and the category, class and type aircraft, where
appropriate, for which the check pilot is qualified.
14 CFR 135.303 Subpart H -- Training
14 CFR 135.321 Applicability and terms used.
(a) This subpart prescribes requirements for establishing and
maintaining an approved training program for crewmembers, check airmen
and instructors, and other operations personnel, and for the approval
and use of aircraft simulators and other training devices in the conduct
of that program.
(b) For the purposes of this subpart, the following terms and
definitions apply:
(1) Initial training. The training required for crewmembers who have
not qualified and served in the same capacity on an aircraft.
(2) Transition training. The training required for crewmembers who
have qualified and served in the same capacity on another aircraft.
(3) Upgrade training. The training required for crewmembers who have
qualified and served as second in command on a particular aircraft type,
before they serve as pilot in command on that aircraft.
(4) Differences training. The training required for crewmembers who
have qualified and served on a particular type aircraft, when the
Administrator finds differences training is necessary before a
crewmember serves in the same capacity on a particular variation of that
aircraft.
(5) Recurrent training. The training required for crewmembers to
remain adequately trained and currently proficient for each aircraft,
crewmember position, and type of operation in which the crewmember
serves.
(6) In flight. The maneuvers, procedures, or functions that must be
conducted in the aircraft.
14 CFR 135.323 Training program: General.
(a) Each certificate holder required to have a training program under
135.341 shall:
(1) Establish, obtain the appropriate initial and final approval of,
and provide a training program that meets this subpart and that ensures
that each crewmember, flight instructor, check airman, and each person
assigned duties for the carriage and handling of hazardous materials (as
defined in 49 CFR 171.8) is adequately trained to perform their 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 for each aircraft type used and, if
applicable, the particular variations within the aircraft type,
appropriate training material, examinations, forms, instructions, and
procedures for use in conducting the training and checks required by
this subpart.
(4) Provide enough flight instructors, check airmen, and simulator
instructors to conduct required flight training and flight checks, and
simulator training courses allowed under this subpart.
(b) Whenever a crewmember who is required to take recurrent training
under this subpart completes the training in the calendar month before,
or the calendar month after, the month in which that training is
required, the crewmember is considered to have 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,
flight instructor, or check airman concerned upon completion of that
training or check. That certification shall be made a part of the
crewmember'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 apply to more than one aircraft or
crewmember position and that have been satisfactorily completed during
previous training while employed by the certificate holder for another
aircraft or another crewmember position, need not be repeated during
subsequent training other than recurrent training.
(e) Aircraft simulators and other training devices may be used in the
certificate holder's training program if approved by the Administrator.
14 CFR 135.325 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 or revised curriculum, that provides
enough information for a preliminary evaluation of the proposed training
program or revision; and
(2) Additional relevant information that 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 under 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 proposed training
program or revision if the certificate holder shows that the training
conducted under the initial approval in paragraph (b) of this section
ensures that each person who successfully completes the training is
adequately trained to perform that person's assigned duties.
(d) 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 the notice, it may file a petition to reconsider the notice
with the Administrator. 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, the Administrator may, upon a
statement of the reasons, require a change effective without stay.
14 CFR 135.327 Training program: Curriculum.
(a) Each certificate holder must prepare and keep current a written
training program curriculum for each type of aircraft for each
crewmember required for that type aircraft. The curriculum must include
ground and flight training required by this subpart.
(b) Each training program curriculum must include the following:
(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.
14 CFR 135.329 Crewmember training requirements.
(a) Each certificate holder must include in its training program the
following initial and transition ground training as appropriate to the
particular assignment of the crewmember:
(1) Basic indoctrination ground training for newly hired crewmembers
including instruction in at least the --
(i) Duties and responsibilities of crewmembers as applicable;
(ii) Appropriate provisions of this chapter;
(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 in 135.345 and
135.349, as applicable.
(3) Emergency training in 135.331.
(b) Each training program must provide the initial and transition
flight training in 135.347, as applicable.
(c) Each training program must provide recurrent ground and flight
training in 135.351.
(d) Upgrade training in 135.345 and 135.347 for a particular type
aircraft may be included in the training program for crewmembers who
have qualified and served as second in command on that aircraft.
(e) In addition to initial, transition, upgrade and recurrent
training, each training program must provide ground and flight training,
instruction, and practice necessary to ensure that each crewmember --
(1) Remains adequately trained and currently proficient for each
aircraft, crewmember position, and type of operation in which the
crewmember serves; and
(2) Qualifies in new equipment, facilities, procedures, and
techniques, including modifications to aircraft.
14 CFR 135.331 Crewmember emergency training.
(a) Each training program must provide emergency training under this
section for each aircraft type, model, and configuration, each
crewmember, and each kind of operation conducted, 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; and
(iii) Portable fire extinguishers, with emphasis on the type of
extinguisher to be used on different classes of fires.
(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;
(iii) Ditching and evacuation;
(iv) Illness, injury, or other abnormal situations involving
passengers or crewmembers; and
(v) Hijacking and other unusual situations.
(4) Review of the certificate holder's previous aircraft accidents
and incidents involving actual emergency situations.
(c) Each crewmember must perform at least the following emergency
drills, using the proper emergency equipment and procedures, unless the
Administrator finds that, for a particular drill, the crewmember can be
adequately trained by demonstration:
(1) Ditching, if applicable.
(2) Emergency evacuation.
(3) Fire extinguishing and smoke control.
(4) Operation and use of emergency exits, including deployment and
use of evacuation chutes, if applicable.
(5) Use of crew and passenger oxygen.
(6) Removal of life rafts from the aircraft, inflation of the life
rafts, use of life lines, and boarding of passengers and crew, if
applicable.
(7) Donning and inflation of life vests and the use of other
individual flotation devices, if applicable.
(d) 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.
14 CFR 135.333 Training requirements: Handling and carriage of
hazardous materials.
(a) Except as provided in paragraph (d) of this section, 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 hazardous materials (as defined in 49 CFR 171.8), unless
within the preceding 12 calendar months that person has satisfactorily
completed initial or recurrent training in an appropriate training
program established by the certificate holder, which includes
instruction regarding --
(1) The proper shipper certification, packaging, marking, labeling,
and documentation for hazardous materials; and
(2) The compatibility, loading, storage, and handling characteristics
of hazardous materials.
(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 hazardous materials.
(c) Each certificate holder that elects not to accept hazardous
materials shall ensure that each crewmember is adequately trained to
recognize those items classified as hazardous materials.
(d) If a certificate holder operates into or out of airports at which
trained employees or contract personnel are not available, it may use
persons not meeting the requirements of paragraphs (a) and (b) of this
section to load, offload, or otherwise handle hazardous materials if
these persons are supervised by a crewmember who is qualified under
paragraphs (a) and (b) of this section.
14 CFR 135.335 Approval of aircraft simulators and other training
devices.
(a) Training courses using aircraft simulators and other training
devices may be included in the certificate holder's training program if
approved by the Administrator.
(b) Each aircraft simulator and other training device that is used in
a training course or in checks required under this subpart must meet the
following requirements:
(1) It must be specifically approved for --
(i) The certificate holder; and
(ii) The particular maneuver, procedure, or crewmember function
involved.
(2) It must maintain the performance, functional, and other
character- istics that are required for approval.
(3) Additionally, for aircraft simulators, it must be --
(i) Approved for the type aircraft and, if applicable, the particular
variation within type for which the training or check is being
conducted; and
(ii) Modified to conform with any modification to the aircraft being
simulated that changes the performance, functional, or other
characteristics required for approval.
(c) A particular aircraft simulator or other training device may be
used by more than one certificate holder.
(d) In granting initial and final approval of training programs or
revisions to them, the Administrator considers the training devices,
methods and procedures listed in the certificate holder's curriculum
under 135.327.
(Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as amended at 44 FR
26738, May 7, l979)
14 CFR 135.337 Training program: Check airmen 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, for the particular aircraft type involved,
that person --
(1) Holds the airman certificate and ratings that must be held to
serve as a pilot in command in operations under this part;
(2) Has satisfactorily completed the appropriate training phases for
the aircraft, including recurrent training, required to serve as a pilot
in command in operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or
competency checks required to serve as a pilot in command in operations
under this part;
(4) Has satisfactorily completed the applicable training requirements
of 135.339;
(5) Holds a Class I or Class II medical certificate required to serve
as a pilot in command in operations under this part;
(6) In the case of a check airman, has been approved by the
Administrator for the airman duties involved; and
(7) In the case of a check airman used in an aircraft simulator only,
holds a Class III medical certificate.
(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 aircraft
simulator under this subpart unless that person --
(1) Holds at least a commercial pilot certificate; and
(2) Has satisfactorily completed the following as evidenced by the
approval of a check airman --
(i) Appropriate initial pilot and flight instructor ground training
under this subpart; and
(ii) A simulator flight training course in the type simulator in
which that person instructs under this subpart.
14 CFR 135.339 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 provisions of this chapter and certificate
holder's policies 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 for unsatisfactory checks.
(6) The approved methods, procedures, and limitations for performing
the required normal, abnormal, and emergency procedures in the aircraft.
(b) The initial and transition ground training for pilot flight
instructors, except for the holder of a valid flight instructor
certificate, must include the following:
(1) The fundamental principles of the teaching-learning process.
(2) Teaching methods and procedures.
(3) The instructor-student relationship.
(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 ensure that person's competence to conduct
the pilot flight checks and flight training under this subpart.
(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 in flight or in an approved simulator.
14 CFR 135.341 Pilot and flight attendant crewmember training programs.
(a) Each certificate holder, other than one who uses only one pilot
in the certificate holder's operations, shall establish and maintain an
approved pilot training program, and each certificate holder who uses a
flight attendant crewmember shall establish and maintain an approved
flight attendant training program, that is appropriate to the operations
to which each pilot and flight attend- ant is to be assigned, and will
ensure that they are adequately trained to meet the applicable knowledge
and practical testing requirements of 135.293 through 135.301.
However, the Administrator may authorize a deviation from this section
if the Administrator finds that, because of the limited size and scope
of the operation, safety will allow a deviation from these requirements.
(b) Each certificate holder required to have a training program by
paragraph (a) of this section shall include in that program ground and
flight training curriculums for --
(1) Initial training;
(2) Transition training;
(3) Upgrade training;
(4) Differences training; and
(5) Recurrent training.
(c) Each certificate holder required to have a training program by
paragraph (a) of this section shall provide current and appropriate
study materials for use by each required pilot and flight attendant.
(d) The certificate holder shall furnish copies of the pilot and
flight attendant crewmember training program, and all changes and
additions, to the assigned representative of the Administrator. If the
certificate holder uses training facilities of other persons, a copy of
those training programs or appropriate portions used for those
facilities shall also be furnished. Curricula that follow FAA published
curricula may be cited by reference in the copy of the training program
furnished to the representative of the Administrator and need not be
furnished with the program.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-18, 47 FR 33396, Aug. 2, 1982)
14 CFR 135.343 Crewmember initial and recurrent training requirements.
No certificate holder may use a person, nor may any person serve, as
a crewmember in operations under this part unless that crewmember has
completed the appropriate initial or recurrent training phase of the
training program appropriate to the type of operation in which the
crewmember is to serve since the beginning of the 12th calendar month
before that service. This section does not apply to a certificate
holder that uses only one pilot in the certificate holder's operations.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-18, 47 FR 33396, Aug. 2, 1982)
14 CFR 135.345 Pilots: Initial, transition, and upgrade ground
training.
Initial, transition, and upgrade ground training for pilots must
include instruction in at least the following, as applicable to their
duties:
(a) General subjects --
(1) The certificate holder's flight locating procedures;
(2) Principles and methods for determining weight and balance, and
runway limitations for takeoff and landing;
(3) Enough meteorology to ensure a practical knowledge of weather
phenomena, including the principles of frontal systems, icing, fog,
thunderstorms, windshear and, if appropriate, high altitude weather
situations;
(4) Air traffic control systems, procedures, and phraseology;
(5) Navigation and the use of navigational aids, including instrument
approach procedures;
(6) Normal and emergency communication procedures;
(7) Visual cues before and during descent below DH or MDA; and
(8) Other instructions necessary to ensure the pilot's competence.
(b) For each aircraft type --
(1) A general description;
(2) Performance characteristics;
(3) Engines and propellers;
(4) Major components;
(5) Major aircraft systems (i.e., flight controls, electrical, and
hydraulic), other systems, as appropriate, principles of normal,
abnormal, and emergency operations, appropriate procedures and
limitations;
(6) Procedures for --
(i) Recognizing and avoiding severe weather situations;
(ii) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear (except that rotorcraft
pilots are not required to be trained in escaping from low-altitude
windshear); and
(iii) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail,
and other potentially hazardous meteorological conditions;
(7) Operating limitations;
(8) Fuel consumption and cruise control;
(9) Flight planning;
(10) Each normal and emergency procedure; and
(11) The approved Aircraft Flight Manual, or equivalent.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-27, 53 FR 37697, Sept. 27, 1988)
14 CFR 135.347 Pilots: Initial, transition, upgrade, and differences
flight training.
(a) Initial, transition, upgrade, and differences training for pilots
must include flight and practice in each of the maneuvers and procedures
in the approved training program curriculum.
(b) The maneuvers and procedures required by paragraph (a) of this
section must be performed in flight, except to the extent that certain
maneuvers and procedures may be performed in an aircraft simulator, or
an appropriate training device, as allowed by this subpart.
(c) If the certificate holder's approved training program includes a
course of training using an aircraft simulator or other training device,
each pilot must successfully complete --
(1) Training and practice in the simulator or training device in at
least the maneuvers and procedures in this subpart that are capable of
being performed in the aircraft simulator or training device; and
(2) A flight check in the aircraft or a check in the simulator or
training device to the level of proficiency of a pilot in command or
second in command, as applicable, in at least the maneuvers and
procedures that are capable of being performed in an aircraft simulator
or training device.
14 CFR 135.349 Flight attendants: Initial and transition ground
training.
Initial and transition ground training for flight attendants must
include instruction in at least the following --
(a) General subjects --
(1) The authority of the pilot in command; and
(2) Passenger handling, including procedures to be followed in
handling deranged persons or other persons whose conduct might
jeopardize safety.
(b) For each aircraft type --
(1) A general description of the aircraft emphasizing physical
characteristics that may have a bearing on ditching, evacuation, and
inflight emergency procedures and on other related duties;
(2) 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
(3) Proper use of electrical galley equipment and the controls for
cabin heat and ventilation.
14 CFR 135.351 Recurrent training.
(a) Each certificate holder must ensure that each crewmember receives
recurrent training and is adequately trained and currently proficient
for the type aircraft and crewmember position involved.
(b) Recurrent ground training for crewmembers must include at least
the following:
(1) A quiz or other review to determine the crewmember's knowledge of
the aircraft and crewmember position involved.
(2) Instruction as necessary in the subjects required for initial
ground training by this subpart, as appropriate, including low-altitude
windshear training as prescribed in 135.345 of this part and emergency
training.
(c) Recurrent flight training for pilots must include, at least,
flight training in the maneuvers or procedures in this subpart, except
that satisfactory completion of the check required by 135.293 within
the preceding 12 calendar months may be substituted for recurrent flight
training.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-27, 53 FR 37698, Sept. 27, 1988)
14 CFR 135.353 Prohibited drugs.
(a) Each certificate holder or operator 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.
(b) No certificate holder or operator may use any contractor to
perform a function specified in appendix I to part 121 of this chapter
unless that contractor provides each of its employees performing that
function for the certificate holder or the operator and his or her
supervisor with the training specified in that appendix.
(Doc. No. 25148, Amdt. 135-28, 53 FR 47061, Nov. 21, 1988)
14 CFR 135.353 Subpart I -- Airplane Performance Operating Limitations
14 CFR 135.361 Applicability.
(a) This subpart prescribes airplane performance operating
limitations applicable to the operation of the categories of airplanes
listed in 135.363 when operated under this part.
(b) For the purpose of this subpart, 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 of the runway.
(c) For the purpose 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.
After that 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; after
that it extends laterally 500 feet on each side of the centerline.
14 CFR 135.363 General.
(a) Each certificate holder operating a reciprocating engine powered
large transport category airplane shall comply with 135.365 through
135.377.
(b) Each certificate holder operating a turbine engine powered large
transport category airplane shall comply with 135.379 through 135.387,
except that when it operates a turbopropeller-powered large transport
category airplane certificated after August 29, 1959, but previously
type certificated with the same number of reciprocating engines, it may
comply with 135.365 through 135.377.
(c) Each certificate holder operating a large nontransport category
airplane shall comply with 135.389 through 135.395 and any
determination of compliance must be based only on approved performance
data. For the purpose of this subpart, a large nontrans- port category
airplane is an airplane that was type certificated before July 1, 1942.
(d) Each certificate holder operating a small transport category
airplane shall comply with 135.397.
(e) Each certificate holder operating a small nontransport category
airplane shall comply with 135.399.
(f) The performance data in the Airplane Flight Manual applies in
determining compliance with 135.365 through 135.387. Where conditions
are different from those on which the performance data is based,
compliance is determined by interpolation or by computing the effects of
change in the specific variables, if the results of the interpolation or
computations are substantially as accurate as the results of direct
tests.
(g) No person may take off a reciprocating engine powered large
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 subpart)
after taking into account the temperature operating correction factors
in section 4a.749a-T or section 4b.117 of the Civil Air Regulations in
effect on January 31, 1965, and in the applicable Airplane Flight
Manual.
(h) The Administrator may author- ize in the operations
specifications deviations from this subpart if special circumstances
make a literal observ- ance of a requirement unnecessary for safety.
(i) The 10-mile width specified in 135.369 through 135.373 may be
reduced to 5 miles, for not more than 20 miles, when operating under VFR
or where navigation facilities furnish reliable and accurate
identification of high ground and obstructions located outside of 5
miles, but within 10 miles, on each side of the intended track.
(j) Each certificate holder operating a commuter category airplane
shall comply with 135.398.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-21, 52 FR 1836, Jan. 15, 1987)
14 CFR 135.365 Large transport category airplanes: Reciprocating
engine powered: Weight limitations.
(a) No person may take off a reciprocating engine powered large
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 large
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 large transport category airplane concerned.
(d) No person may take off a reciprocating engine powered large
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 large
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 135.367 Large transport category airplanes: Reciprocating
engine powered: Takeoff limitations.
(a) No person operating a reciprocating engine powered large
transport category airplane may take off 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 after that without banking more than 15 degrees.
(b) In applying this section, corrections must be made for any 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.
14 CFR 135.369 Large transport category airplanes: Reciprocating
engine powered: En route limitations: All engines operating.
(a) No person operating a reciprocating engine powered large
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 obtained by
multiplying the number of knots by 6.90) at an altitude of a 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 large transport category airplanes
certificated under part 4a of the Civil Air Regulations.
14 CFR 135.371 Large 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 large 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
(0.079^0.106/N) Vso2 (where N is the number of engines installed and Vso
is expressed in knots) at an altitude of 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 large 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 under 135.377,
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 (0.079^0.106/N) Vso2 (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 ensure a safe procedure.
(6) The certificate holder and the pilot in command shall jointly
elect an alternate airport for which the appropriate weather reports or
forecasts, or any combination of them, indicate that weather conditions
will be at or above the alternate weather minimum specified in the
certificate holder's operations specifications for that airport when the
flight arrives.
14 CFR 135.373 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 135.377; 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 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 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
135.377 and to arrive at an altitude of at least 1,000 feet directly
over that airport.
14 CFR 135.375 Large transport category airplanes: Reciprocating
engine powered: Landing limitations: Destination airports.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered large 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 paragraph (a)(2) of this section may be taken off if
an alternate airport is selected that meets all 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 135.377 Large transport category airplanes: Reciprocating
engine powered: Landing limitations: Alternate airports.
No person may list an airport as an alternate airport in a flight
plan unless the airplane (at the weight anticipated at the time of
arrival at the airport), based on the assumptions in 135.375(a) (1) and
(2), can be brought to a full stop landing within 70 percent of the
effective length of the runway.
14 CFR 135.379 Large transport category airplanes: Turbine engine
powered: Takeoff limitations.
(a) No person operating a turbine engine powered large 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 take- off.
(b) No person operating a turbine engine powered large 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 minumum distance
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 one-half of the takeoff run.
(c) No person operating a turbine engine powered large 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, as defined in 25.109 of this
chapter, 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 large transport
category airplane may take off that airplane at a weight greater than
that listed in the Airplane Flight Manual --
(1) For 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+0.01 D) 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) For an airplane certificated after September 30, 1958 (SR422A,
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 after 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, have the same meanings as set
forth in the rules under which the airplane was certificated.
14 CFR 135.381 Large transport category airplanes: Turbine engine
powered: En route limitations: One engine inoperative.
(a) No person operating a turbine engine powered large 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, 1958 (SR422B), 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
135.387 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 (SR422A, 422B), with a positive slope at 1,500 feet
above the airport where the airplane lands after an engine fails.
(b) For the purpose 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
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 ensure a safe
procedure;
(5) The alternate airport is selected 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.
14 CFR 135.383 Large transport category airplanes: Turbine engine
powered: En route limitations: Two engines inoperative.
(a) Airplanes certificated after August 26, 1957, but before October
1, 1958 (SR422). No person may operate a turbine engine powered large
transport category airplane along an intended route unless that person
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 135.387.
(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 135.387, 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 statute 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) Airplanes certificated after September 30, 1958, but before
August 30, 1959 (SR422A). No person may operate a turbine engine
powered large transport category airplane along an intended route unless
that person 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 135.387.
(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 135.387 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 five statute miles on each side of the
intended track, or at an altitude of 2,000 feet, whichever is higher.
For the purpose 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 after that 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 (SR422B). No person
may operate a turbine engine powered large transport category airplane
along an intended route unless that person 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 135.387.
(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 135.387, 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 on each side of the intended track. For the
purposes of this paragraph, 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 after that to fly for 15 minutes at cruise power or thrust, or both;
and
(v) The consumption of fuel and oil after the engines fail is the
same as the consumption that is allowed for in the net flight path data
in the Airplane Flight Manual.
14 CFR 135.385 Large transport category airplanes: Turbine engine
powered: Landing limitations: Destination airports.
(a) No person operating a turbine engine powered large transport
category airplane may take off that airplane at 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 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 large 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 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 paragraph (b)(2) of this
section, may be taken off if an alternate airport is selected that meets
all 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 take off a turbojet airplane when the appropriate
weather reports or forecasts, or any combination of them, 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 airplane that would be prohibited from being taken off
because it could not meet paragraph (b)(2) of this section may be taken
off if an alternate airport is selected that meets all of paragraph (b)
of this section.
14 CFR 135.387 Large transport category airplanes: Turbine engine
powered: Landing limitations: Alternate airports.
No person may select an airport as an alternate airport for a turbine
engine powered large transport category airplane unless (based on the
assumptions in 135.385(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 airplanes, from a point 50 feet above the intersection of the
obstruction clearance plane and the runway.
14 CFR 135.389 Large nontransport category airplanes: Takeoff
limitations.
(a) No person operating a large 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 one percent;
(4) It is assumed that the airplane is operating in standard
atmosphere; and
(5) For takeoff, effective length of the runway 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.
14 CFR 135.391 Large nontransport category airplanes: En route
limitations: One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a large 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) Without regard to 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 five 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 segement, 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 problems.
(6) Any other operational factors that affect the operations.
(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 135.393 Large nontransport category airplanes: Landing
limitations: Destination airports.
(a) No person operating a large 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 purpose 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 135.395 Large nontransport category airplanes: Landing
limitations: Alternate airports.
No person may select an airport as an alternate airport for a large
nontransport category airplane unless that airplane (at the weight
anticipated at the time of arrival), based on the assumptions in
135.393(b), can be brought to a full stop landing within 70 percent of
the effective length of the runway.
14 CFR 135.397 Small transport category airplane performance operating
limitations.
(a) No person may operate a reciprocating engine powered small
transport category airplane unless that person complies with the weight
limitations in 135.365, the takeoff limitations in 135.367 (except
paragraph (a)(3)), and the landing limitations in 135.375 and 135.377.
(b) No person may operate a turbine engine powered small transport
category airplane unless that person complies with the takeoff
limitations in 135.379 (except paragraphs (d) and (f)) and the landing
limitations in 135.385 and 135.387.
14 CFR 135.398 Commuter category airplanes performance operating
limitations.
(a) No person may operate a commuter category airplane unless that
person complies with the takeoff weight limitations in the approved
Airplane Flight Manual.
(b) No person may take off an airplane type certificated in the
commuter category at a weight greater than that listed in the Airplane
Flight Manual that allows a net takeoff flight path that clears all
obstacles either by a height of at least 35 feet vertically, or at least
200 feet horizontally within the airport boundaries and by at least 300
feet horizontally after passing the boundaries.
(c) No person may operate a commuter category airplane unless that
person complies with the landing limitations prescribed in 135.385 and
135.387 of this part. For purposes of this paragraph, 135.385 and
135.387 are applicable to all commuter category airplanes
notwithstanding their stated applicability to turbine-engine-powered
large transport category airplanes.
(d) In determining maximum weights, minimum distances and flight
paths under paragraphs (a) through (c) of this section, correction must
be made for the runway to be used, the elevation of the airport, the
effective runway gradient, and ambient temperature, and wind component
at the time of takeoff.
(e) For the purposes of this section, the assumption is that the
airplane is not banked before reaching a height of 50 feet as shown by
the net takeoff flight path data in the Airplane Flight Manual and
thereafter the maximum bank is not more than 15 degrees.
(Doc. No. 23516, Amdt. 135-21, 52 FR 1836, Jan. 15, 1987)
14 CFR 135.399 Small nontransport category airplane performance
operating limitations.
(a) No person may operate a reciprocating engine or
turbopropeller-powered small airplane that is certificated under
135.169(b) (2), (3), (4), (5), or (6) unless that person complies with
the takeoff weight limitations in the approved Airplane Flight Manual or
equivalent for operations under this part, and, if the airplane is
certificated under 135.169(b) (4) or (5) with the landing weight
limitations in the Approved Airplane Flight Manual or equivalent for
operations under this part.
(b) No person may operate an airplane that is certificated under
135.169(b)(6) unless that person complies with the landing limitations
prescribed in 135.385 and 135.387 of this part. For purposes of this
paragraph, 135.385 and 135.387 are applicable to reciprocating and
turbopropeller-powered small airplanes notwithstanding their stated
applicability to turbine engine powered large transport category
airplanes.
(44 FR 53731, Sept. 17, 1979)
14 CFR 135.399 Subpart J -- Maintenance, Preventive Maintenance, and Alterations
14 CFR 135.411 Applicability.
(a) This subpart prescribes rules in addition to those in other parts
of this chapter for the maintenance, preventive maintenance, and
alterations for each certificate holder as follows:
(1) Aircraft that are type certificated for a passenger seating
configuration, excluding any pilot seat, of nine seats or less, shall be
maintained under parts 91 and 43 of this chapter and 135.415, 135.417,
and 135.421. An approved aircraft inspection program may be used under
135.419.
(2) Aircraft that are type certificated for a passenger seating
configuration, excluding any pilot seat, of ten seats or more, shall be
maintained under a maintenance program in 135.415, 135.417, and
135.423 through 135.443.
(b) A certificate holder who is not otherwise required, may elect to
maintain its aircraft under paragraph (a)(2) of this section.
14 CFR 135.413 Responsibility for airworthiness.
(a) Each certificate holder is primarily responsible for the
airworthiness of its aircraft, including airframes, aircraft engines,
propellers, rotors, appliances, and parts, and shall have its aircraft
maintained under this chapter, and shall have defects repaired between
required maintenance under part 43 of this chapter.
(b) Each certificate holder who maintains its aircraft under
135.411(a)(2) shall --
(1) Perform the maintenance, preventive maintenance, and alteration
of its aircraft, including airframe, aircraft engines, propellers,
rotors, appliances, emergency equipment and parts, under its manual and
this chapter; or
(2) Make arrangements with another person for the performance of
maintenance, preventive maintenance, or alteration. However, the
certificate holder shall ensure that any maintenance, preventive
maintenance, or alteration that is performed by another person is
performed under the certificate holder's manual and this chapter.
14 CFR 135.415 Mechanical reliability reports.
(a) Each certificate holder shall report the occurrence or detection
of each failure, malfunction, or defect in an aircraft concerning --
(1) Fires during flight and whether the related fire-warning system
functioned properly;
(2) Fires during flight not protected by related fire-warning system;
(3) False fire-warning during flight;
(4) An 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 aircraft structure occurs;
(8) Engine shutdown during flight due to foreign object ingestion or
icing;
(9) Shutdown of more than one engine during flight;
(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) An unwanted 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 aircraft 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; and
(16) Aircraft components or systems that result in taking emergency
actions during flight (except action to shut-down an engine).
(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, the failure, malfunction, or defect has
endangered or may endanger the safe operation of the aircraft.
(d) Each certificate holder 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 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. For aircraft operated in areas where mail is not collected,
reports may be mailed or delivered within 72 hours after the aircraft
returns to a point where the mail is collected.
(e) The certificate holder shall transmit the reports required by
this section on a form and in a manner prescribed by the Administrator,
and shall include as much of the following as is available:
(1) The type and identification number of the aircraft.
(2) The name of the operator.
(3) The date.
(4) The nature of the failure, malfunction, or defect.
(5) Identification of the part and system involved, including
available information pertaining to type designation of the major
component and time since last overhaul, if known.
(6) Apparent cause of the failure, malfunction or defect (e.g., wear,
crack, design deficiency, or personnel error).
(7) 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, or a Technical Standard Order 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 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 the 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.
14 CFR 135.417 Mechanical interruption summary report.
Each certificate holder shall mail or deliver, before the end of the
10th day of the following month, a summary report of the following
occurrences in multiengine aircraft for the preceding month to the FAA
Flight Standards District Office charged with the overall inspection of
the certificate holder:
(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 135.415.
(b) 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.
14 CFR 135.419 Approved aircraft inspection program.
(a) Whenever the Administrator finds that the aircraft inspections
required or allowed under part 91 of this chapter are not adequate to
meet this part, or upon application by a certificate holder, the
Administrator may amend the certificate holder's operations
specifications under 135.17, to require or allow an approved aircraft
inspection program for any make and model aircraft of which the
certificate holder has the exclusive use of at least one aircraft (as
defined in 135.25(b)).
(b) A certificate holder who applies for an amendment of its
operations specifications to allow an approved aircraft inspection
program must submit that program with its application for approval by
the Administrator.
(c) Each certificate holder who is required by its operations
specifications to have an approved aircraft inspection program shall
submit a program for approval by the Administrator within 30 days of the
amendment of its operations specifications or within any other period
that the Administrator may prescribe in the operations specifications.
(d) The aircraft inspection program submitted for approval by the
Administrator must contain the following:
(1) Instructions and procedures for the conduct of aircraft
inspections (which must include necessary tests and checks), setting
forth in detail the parts and areas of the airframe, engines,
propellers, rotors, and appliances, including emergency equipment, that
must be inspected.
(2) A schedule for the performance of the aircraft inspections under
paragraph (d)(1) of this section expressed in terms of the time in
service, calendar time, number of system operations, or any combination
of these.
(3) Instructions and procedures for recording discrepancies found
during inspections and correction or deferral of discrepancies including
form and disposition of records.
(e) After approval, the certificate holder shall include the approved
aircraft inspection program in the manual required by 135.21.
(f) Whenever the Administrator finds that revisions to an approved
aircraft inspection program are necessary for the continued adequacy of
the program, the certificate holder shall, after notification by the
Administrator, make any changes in the program found by the
Administrator to be necessary. The certificate holder may petition the
Administrator to reconsider the notice to make any changes in a program.
The petition must be filed with the representatives of the
Administrator assigned to it 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.
(g) Each certificate holder who has an approved aircraft inspection
program shall have each aircraft that is subject to the program
inspected in accordance with the program.
(h) The registration number of each aircraft that is subject to an
approved aircraft inspection program must be included in the operations
specifications of the certificate holder.
14 CFR 135.421 Additional maintenance requirements.
(a) Each certificate holder who operates an aircraft type
certificated for a passenger seating configuration, excluding any pilot
seat, of nine seats or less, must comply with the manufacturer's
recommended maintenance programs, or a program approved by the
Administrator, for each aircraft engine, propeller, rotor, and each item
of emergency equipment required by this chapter.
(b) For the purpose of this section, a manufacturer's maintenance
program is one which is contained in the maintenance manual or
maintenance instructions set forth by the manufacturer as required by
this chapter for the aircraft, aircraft engine, propeller, rotor or item
of emergency equipment.
14 CFR 135.423 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 under 135.427(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 is exercised.
14 CFR 135.425 Maintenance, preventive maintenance, and alteration
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 under 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.
14 CFR 135.427 Manual requirements.
(a) Each certificate holder shall put in its manual the chart or
description of the certificate holder's organization required by
135.423 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) Each certificate holder shall put in its manual the programs
required by 135.425 that must be followed in performing maintenance,
preventive maintenance, and alterations of that certificate holder's
aircraft, including airframes, aircraft engines, propellers, rotors,
appliances, emergency equipment, and parts, 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 under 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 the 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 work interruptions are properly completed
before the aircraft is released to service.
(c) Each certificate holder shall put in its manual a suitable system
(which may include a coded system) that provides for the retention of
the following information --
(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.
14 CFR 135.429 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 the 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 that person
performed the item of work required to be inspected.
(d) In the case of rotorcraft that operate in remote areas or sites,
the Administrator may approve procedures for the performance of required
inspection items by a pilot when no other qualified person is available,
provided --
(1) The pilot is employed by the certificate holder;
(2) It can be shown to the satisfaction of the Administrator that
each pilot authorized to perform required inspections is properly
trained and qualified;
(3) The required inspection is a result of a mechanical interruption
and is not a part of a certificate holder's continuous airworthiness
maintenance program;
(4) Each item is inspected after each flight until the item has been
inspected by an appropriately certificated mechanic other than the one
who originally performed the item of work; and
(5) Each item of work that is a required inspection item that is part
of the flight control system shall be flight tested and reinspected
before the aircraft is approved for return to service.
(e) Each certificate 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 certificate 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 that
person's responsibilities, authorities, and inspectional limitations.
The list shall be made available for inspection by the Administrator
upon request.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. No.
135-20, 51 FR 40710, Nov. 7, 1986)
14 CFR 135.431 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 this part, the certificate
holder shall, after notification by the Administrator, make changes in
those programs requested by the Administrator.
(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 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.
14 CFR 135.433 Maintenance and preventive maintenance training program.
Each certificate holder or a 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 that
person's duties.
14 CFR 135.435 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 of this chapter, each person who is
directly in charge of maintenance, preventive maintenance, or
alterations, and each person performing required inspections must hold
an appropriate airman certificate.
(b) For the purpose of this section, a person directly in charge is
each person assigned to a position in which that person is responsible
for the work of a shop or station that performs maintenance, preventive
maintenance, alterations, or other functions affecting 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 person performing the work.
14 CFR 135.437 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) A certificate holder may perform or make arrangements with other
persons to perform maintenance, preventive maintenance, and alterations
as provided in its maintenance manual. In addition, a certificate
holder may perform these functions for another certificate holder as
provided in the maintenance manual of the other certificate holder.
(b) A certificate holder may approve any airframe, aircraft engine,
propeller, rotor, 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 alteration, the work must have been done in accordance with technical
data approved by the Administrator.
14 CFR 135.439 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified in
the manual required in 135.427) 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 135.443 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe, engine, propeller, and
rotor.
(ii) The current status of life-limited parts of each airframe,
engine, propeller, rotor, and appliance.
(iii) The time since last overhaul of each item 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 time 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 date and methods of compliance, and, if the airworthiness
directive involves recurring action, the time and date when the next
action is required.
(vi) A list of current major alterations and repairs 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 one 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 representative of the National Transportation
Safety Board.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; 43 FR 49975, Oct. 26,
1978)
14 CFR 135.441 Transfer of maintenance records.
Each certificate holder who sells a United States registered aircraft
shall transfer to the purchaser, at the time of the sale, the following
records of that aircraft, in plain language form or in coded form which
provides for the preservation and retrieval of information in a manner
acceptable to the Administrator:
(a) The records specified in 135.439(a)(2).
(b) The records specified in 135.439(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may allow the seller to keep physical custody of such records.
However, custody of records by the seller does not relieve the
purchaser of its responsibility under 135.439(c) to make the records
available for inspection by the Administrator or any representative of
the National Transportation Safety Board.
14 CFR 135.443 Airworthiness release or aircraft maintenance 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 prepares, or causes the person with whom
the certificate holder arranges for the performance of the maintenance,
preventive maintenance, or alterations, to prepare --
(1) An airworthiness release; or
(2) An appropriate entry in the aircraft maintenance log.
(b) The airworthiness release or log entry required by paragraph (a)
of this section must --
(1) Be prepared in accordance with the procedure 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 aircraft
unairworthy;
(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 that person is employed and for which that person
is 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) 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 an authorized certificated
mechanic or repairman constitutes that certification.
(Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt.
135-29, 53 FR 47375, Nov. 22, 1988)
14 CFR 135.443 Pt. 135, App. A
14 CFR 135.443 Appendix A to Part 135 -- Additional Airworthiness
Standards for 10 or More Passenger Airplanes
1. Applicability. This appendix prescribes the additional
airworthiness standards required by 135.169.
2. References. Unless otherwise provided, references in this appendix
to specific sections of part 23 of the Federal Aviation Regulations (FAR
part 23) are to those sections of part 23 in effect on March 30, 1967.
3. General. Compliance must be shown with the applicable requirements
of subpart B of FAR part 23, as supplemented or modified in 4 through
10.
4. General. (a) Unless otherwise prescribed in this appendix,
compliance with each applicable performance requirement in sections 4
through 7 must be shown for ambient atmospheric conditions and still
air.
(b) The performance must correspond to the propulsive thrust
available under the particular ambient atmospheric conditions and the
particular flight condition. The available propulsive thrust must
correspond to engine power or thrust, not exceeding the approved power
or thrust less --
(1) Installation losses; and
(2) The power or equivalent thrust absorbed by the accessories and
services appropriate to the particular ambient atmospheric conditions
and the particular flight condition.
(c) Unless otherwise prescribed in this appendix, the applicant must
select the take-off, en route, and landing configurations for the
airplane.
(d) The airplane configuration may vary with weight, altitude, and
temperature, to the extent they are compatible with the operating
procedures required by paragraph (e) of this section.
(e) Unless otherwise prescribed in this appendix, in determining the
critical engine inoperative takeoff performance, the accelerate-stop
distance, takeoff distance, changes in the airplane's configuration,
speed, power, and thrust must be made under procedures established by
the applicant for operation in service.
(f) Procedures for the execution of balked landings must be
established by the applicant and included in the Airplane Flight Manual.
(g) The procedures established under paragraphs (e) and (f) of this
section must --
(1) Be able to be consistently executed in service by a crew of
average skill;
(2) Use methods or devices that are safe and reliable; and
(3) Include allowance for any time delays, in the execution of the
procedures, that may reasonably be expected in service.
5. Takeoff -- (a) General. Takeoff speeds, the accelerate-stop
distance, the takeoff distance, and the one-engine-inoperative takeoff
flight path data (described in paragraphs (b), (c), (d), and (f) of this
section), must be determined for --
(1) Each weight, altitude, and ambient temperature within the
operational limits selected by the applicant;
(2) The selected configuration for takeoff;
(3) The center of gravity in the most unfavorable position;
(4) The operating engine within approved operating limitations; and
(5) Takeoff data based on smooth, dry, hard-surface runway.
(b) Takeoff speeds. (1) The decision speed V1 is the calibrated
airspeed on the ground at which, as a result of engine failure or other
reasons, the pilot is assumed to have made a decision to continue or
discontinue the takeoff. The speed V1 must be selected by the applicant
but may not be less than --
(i) 1.10VS1;
(ii) 1.10VMC;
(iii) A speed that allows acceleration to V1 and stop under paragraph
(c) of this section; or
(iv) A speed at which the airplane can be rotated for takeoff and
shown to be adequate to safely continue the takeoff, using normal
piloting skill, when the critical engine is suddenly made inoperative.
(2) The initial climb out speed V2, in terms of calibrated airspeed,
must be selected by the applicant so as to allow the gradient of climb
required in section 6(b)(2), but it must not be less than V1 or less
than 1.2VS1.
(3) Other essential take off speeds necessary for safe operation of
the airplane.
(c) Accelerate-stop distance. (1) The accelerate-stop distance is
the sum of the distances necessary to --
(i) Accelerate the airplane from a standing start to V1; and
(ii) Come to a full stop from the point at which V1 is reached
assuming that in the case of engine failure, failure of the critical
engine is recognized by the pilot at the speed V1.
(2) Means other than wheel brakes may be used to determine the
accelerate-stop distance if that means is available with the critical
engine inoperative and --
(i) Is safe and reliable;
(ii) Is used so that consistent results can be expected under normal
operating conditions; and
(iii) Is such that exceptional skill is not required to control the
airplane.
(d) All engines operating takeoff distance. The all engine operating
takeoff distance is the horizontal distance required to takeoff and
climb to a height of 50 feet above the takeoff surface under the
procedures in FAR 23.51(a).
(e) One-engine-inoperative takeoff. Determine the weight for each
altitude and temperature within the operational limits established for
the airplane, at which the airplane has the capability, after failure of
the critical engine at V1 determined under paragraph (b) of this
section, to take off and climb at not less than V2, to a height 1,000
feet above the takeoff surface and attain the speed and configuration at
which compliance is shown with the en route one-engine-inoperative
gradient of climb specified in section 6(c).
(f) One-engine-inoperative takeoff flight path data. The
one-engine-inoperative takeoff flight path data consist of takeoff
flight paths extending from a standing start to a point in the takeoff
at which the airplane reaches a height 1,000 feet above the takeoff
surface under paragraph (e) of this section.
6. Climb -- (a) Landing climb: All-engines-operating. The maximum
weight must be determined with the airplane in the landing
configuration, for each altitude, and ambient temperature within the
operational limits established for the airplane, with the most
unfavorable center of gravity, and out-of-ground effect in free air, at
which the steady gradient of climb will not be less than 3.3 percent,
with:
(1) The engines at the power that is available 8 seconds after
initiation of movement of the power or thrust controls from the minimum
flight idle to the takeoff position.
(2) A climb speed not greater than the approach speed established
under section 7 and not less than the greater of 1.05VMC or 1.10VS1.
(b) Takeoff climb: one-engine-inoperative. The maximum weight at
which the airplane meets the minimum climb performance specified in
paragraphs (1) and (2) of this paragraph must be determined for each
altitude and ambient temperature within the operational limits
established for the airplane, out of ground effect in free air, with the
airplane in the takeoff configuration, with the most unfavorable center
of gravity, the critical engine inoperative, the remaining engines at
the maximum takeoff power or thrust, and the propeller of the
inoperative engine windmilling with the propeller controls in the normal
position except that, if an approved automatic feathering system is
installed, the propellers may be in the feathered position:
(1) Takeoff: landing gear extended. The minimum steady gradient of
climb must be measurably positive at the speed V1.
(2) Takeoff: landing gear retracted. The minimum steady gradient of
climb may not be less than 2 percent at speed V2. For airplanes with
fixed landing gear this requirement must be met with the landing gear
extended.
(c) En route climb: one-engine-inoperative. The maximum weight must
be determined for each altitude and ambient temperature within the
operational limits established for the airplane, at which the steady
gradient of climb is not less 1.2 percent at an altitude 1,000 feet
above the takeoff surface, with the airplane in the en route
configuration, the critical engine inoperative, the remaining engine at
the maximum continuous power or thrust, and the most unfavorable center
of gravity.
7. Landing. (a) The landing field length described in paragraph (b)
of this section must be determined for standard atmosphere at each
weight and altitude within the operational limits established by the
applicant.
(b) The landing field length is equal to the landing distance
determined under FAR 23.75(a) divided by a factor of 0.6 for the
destination airport and 0.7 for the alternate airport. Instead of the
gliding approach specified in FAR 23.75(a)(1), the landing may be
preceded by a steady approach down to the 50-foot height at a gradient
of descent not greater than 5.2 percent (3 ) at a calibrated airspeed
not less than 1.3VS1.
8 -- Trim (a) Lateral and directional trim. The airplane must
maintain lateral and directional trim in level flight at a speed of VH
or VMO/MMO, whichever is lower, with landing gear and wing flaps
retracted.
(b) Longitudinal trim. The airplane must maintain longitudinal trim
during the following conditions, except that it need not maintain trim
at a speed greater than VMO/MMO:
(1) In the approach conditons specified in FAR 23.161(c) (3) through
(5), except that instead of the speeds specified in those paragraphs,
trim must be maintained with a stick force of not more than 10 pounds
down to a speed used in showing compliance with section 7 or 1.4VS1
whichever is lower.
(2) In level flight at any speed from VH or VMO/MMO, whichever is
lower, to either Vx or 1.4VS1, with the landing gear and wing flaps
retracted.
9. Static longitudinal stability. (a) In showing compliance with FAR
23.175(b) and with paragraph (b) of this section, the airspeed must
return to within 7 1/2 percent of the trim speed.
(b) Cruise stability. The stick force curve must have a stable slope
for a speed range of 50 knots from the trim speed except that the
speeds need not exceed VFC/MFC or be less than 1.4VS1. This speed range
will be considered to begin at the outer extremes of the friction band
and the stick force may not exceed 50 pounds with --
(1) Landing gear retracted;
(2) Wing flaps retracted;
(3) The maximum cruising power as selected by the applicant as an
operating limitation for turbine engines or 75 percent of maximum
continuous power for reciprocating engines except that the power need
not exceed that required at VMO/MMO;
(4) Maximum takeoff weight; and
(5) The airplane trimmed for level flight with the power specified in
paragraph (3) of this paragraph.
VFC/MFC may not be less than a speed midway between VMO/MMO and
VDF/MDF, except that, for altitudes where Mach number is the limiting
factor, MFC need not exceed the Mach number at which effective speed
warning occurs.
(c) Climb stability (turbopropeller powered airplanes only). In
showing compliance with FAR 23.175(a), an applicant must, instead of the
power specified in FAR 23.175(a)(4), use the maximum power or thrust
selected by the applicant as an operating limitation for use during
climb at the best rate of climb speed, except that the speed need not be
less than 1.4VS1.
10. Stall warning. If artificial stall warning is required to comply
with FAR 23.207, the warning device must give clearly distinguishable
indications under expected conditions of flight. The use of a visual
warning device that requires the attention of the crew within the
cockpit is not acceptable by itself.
11. Electric trim tabs. The airplane must meet FAR 23.677 and in
addition it must be shown that the airplane is safely controllable and
that a pilot can perform all the maneuvers and operations necessary to
effect a safe landing following any probable electric trim tab runaway
which might be reasonably expected in service allowing for appropriate
time delay after pilot recognition of the runaway. This demonstration
must be conducted at the critical airplane weights and center of gravity
positions.
12. Arrangement and visibility. Each instrument must meet FAR
23.1321 and in addition:
(a) Each flight, navigation, and powerplant instrument for use by any
pilot must be plainly visible to the pilot from the pilot's station with
the minimum practicable deviation from the pilot's normal position and
line of vision when the pilot is looking forward along the flight path.
(b) The flight instruments required by FAR 23.1303 and by the
applicable operating rules must be grouped on the instrument panel and
centered as nearly as practicable about the vertical plane of each
pilot's forward vision. In addition --
(1) The instrument that most effectively indicates the attitude must
be in the panel in the top center position;
(2) The instrument that most effectively indicates the airspeed must
be on the panel directly to the left of the instrument in the top center
position;
(3) The instrument that most effectively indicates altitude must be
adjacent to and directly to the right of the instrument in the top
center position; and
(4) The instrument that most effectively indicates direction of
flight must be adjacent to and directly below the instrument in the top
center position.
13. Airspeed indicating system. Each airspeed indicating system must
meet FAR 23.1323 and in addition:
(a) Airspeed indicating instruments must be of an approved type and
must be calibrated to indicate true airspeed at sea level in the
standard atmosphere with a minimum practicable instrument calibration
error when the corresponding pitot and static pressures are supplied to
the instruments.
(b) The airspeed indicating system must be calibrated to determine
the system error, i.e., the relation between IAS and CAS, in flight and
during the accelerate-takeoff ground run. The ground run calibration
must be obtained between 0.8 of the minimum value of V1 and 1.2 times
the maximum value of V1, considering the approved ranges of altitude and
weight. The ground run calibration is determined assuming an engine
failure at the minimum value of V1.
(c) The airspeed error of the installation excluding the instrument
calibration error, must not exceed 3 percent or 5 knots whichever is
greater, throughout the speed range from VMO to 1.3VS1 with flaps
retracted and from 1.3VSO to VFE with flaps in the landing position.
(d) Information showing the relationship between IAS and CAS must be
shown in the Airplane Flight manual.
14. Static air vent system. The static air vent system must meet FAR
23.1325. The altimeter system calibration must be determined and shown
in the Airplane Flight Manual.
15. Maximum operating limit speed VMO/MMO. Instead of establishing
operating limitations based on VNE and VNO, the applicant must establish
a maximum operating limit speed VMO/ MMO as follows:
(a) The maximum operating limit speed must not exceed the design
cruising speed VC and must be sufficiently below VD/MD or VDF/MDF to
make it highly improbable that the latter speeds will be inadvertently
exceeded in flight.
(b) The speed VMO must not exceed 0.8VD/MD or 0.8VDF/MDF unless
flight demonstrations involving upsets as specified by the Administrator
indicates a lower speed margin will not result in speeds exceeding VD/MD
or VDF. Atmospheric variations, horizontal gusts, system and equipment
errors, and airframe production variations are taken into account.
16. Minimum flight crew. In addition to meeting FAR 23.1523, the
applicant must establish the minimum number and type of qualified flight
crew personnel sufficient for safe operation of the airplane considering
--
(a) Each kind of operation for which the applicant desires approval;
(b) The workload on each crewmember considering the following:
(1) Flight path control.
(2) Collision avoidance.
(3) Navigation.
(4) Communications.
(5) Operation and monitoring of all essential aircraft systems.
(6) Command decisions; and
(c) The accessibility and ease of operation of necessary controls by
the appropriate crewmember during all normal and emergency operations
when at the crewmember flight station.
17. Airspeed indicator. The airspeed indicator must meet FAR 23.1545
except that, the airspeed notations and markings in terms of VNO and VNH
must be replaced by the VMO/MMO notations. The airspeed indicator
markings must be easily read and understood by the pilot. A placard
adjacent to the airspeed indicator is an acceptable means of showing
compliance with FAR 23.1545(c).
18. General. The Airplane Flight Manual must be prepared under FARs
23.1583 and 23.1587, and in addition the operating limitations and
performance information in sections 19 and 20 must be included.
19. Operating limitations. The Airplane Flight Manual must include
the following limitations --
(a) Airspeed limitations. (1) The maximum operating limit speed
VMO/MMO and a statement that this speed limit may not be deliberately
exceeded in any regime of flight (climb, cruise, or descent) unless a
higher speed is authorized for flight test or pilot training;
(2) If an airspeed limitation is based upon compressibility effects,
a statement to this effect and informaton as to any symptoms, the
probable behavior of the airplane, and the recommended recovery
procedures; and
(3) The airspeed limits, shown in terms of VMO/MMO instead of VNO and
VNE.
(b) Takeoff weight limitations. The maximum takeoff weight for each
airport elevation, ambient temperature, and available takeoff runway
length within the range selected by the applicant may not exceed the
weight at which --
(1) The all-engine-operating takeoff distance determined under
section 5(b) or the accelerate-stop distance determined under section
5(c), whichever is greater, is equal to the available runway length;
(2) The airplane complies with the one-engine-inoperative takeoff
requirements specified in section 5(e); and
(3) The airplane complies with the one-engine-inoperative takeoff and
en route climb requirements specified in sections 6 (b) and (c).
(c) Landing weight limitations. The maximum landing weight for each
airport elevation (standard temperature) and available landing runway
length, within the range selected by the applicant. This weight may not
exceed the weight at which the landing field length determined under
section 7(b) is equal to the available runway length. In showing
compliance with this operating limitation, it is acceptable to assume
that the landing weight at the destination will be equal to the takeoff
weight reduced by the normal consumption of fuel and oil en route.
20. Performance information. The Airplane Flight Manual must contain
the performance information determined under the performance
requirements of this appendix. The information must include the
following:
(a) Sufficient information so that the takeoff weight limits
specified in section 19(b) can be determined for all temperatures and
altitudes within the operation limitations selected by the applicant.
(b) The conditions under which the performance information was
obtained, including the airspeed at the 50-foot height used to determine
landing distances.
(c) The performance information (determined by extrapolation and
computed for the range of weights between the maximum landing and
takeoff weights) for --
(1) Climb in the landing configuration; and
(2) Landing distance.
(d) Procedure established under section 4 related to the limitations
and information required by this section in the form of guidance
material including any relevant limitations or information.
(e) An explanation of significant or unusual flight or ground
handling characteristics of the airplane.
(f) Airspeeds, as indicated airspeeds, corresponding to those
determined for takeoff under section 5(b).
21. Maximum operating altitudes. The maximum operating altitude to
which operation is allowed, as limited by flight, structural,
powerplant, functional, or equipment characteristics, must be specified
in the Airplane Flight Manual.
22. Stowage provision for airplane flight manual. Provision must be
made for stowing the Airplane Flight Manual in a suitable fixed
container which is readily accessible to the pilot.
23. Operating procedures. Procedures for restarting turbine engines
in flight (including the effects of altitude) must be set forth in the
Airplane Flight Manual.
24. Engine torque. (a) Each turbopropeller engine mount and its
supporting structure must be designed for the torque effects of:
(1) The conditions in FAR 23.361(a).
(2) The limit engine torque corresponding to takeoff power and
propeller speed multiplied by a factor accounting for propeller control
system malfunction, including quick feathering action, simultaneously
with 1g level flight loads. In the absence of a ration- al analysis, a
factor of 1.6 must be used.
(b) The limit torque is obtained by multiplying the mean torque by a
factor of 1.25.
25. Turbine engine gyroscopic loads. Each turbopropeller engine
mount and its supporting structure must be designed for the gyroscopic
loads that result, with the engines at maximum continuous r.p.m., under
either --
(a) The conditions in FARs 23.351 and 23.423; or
(b) All possible combinations of the following:
(1) A yaw velocity of 2.5 radians per second.
(2) A pitch velocity of 1.0 radians per second.
(3) A normal load factor of 2.5.
(4) Maximum continuous thrust.
26. Unsymmetrical loads due to engine failure. (a) Turbopropeller
powered airplanes must be designed for the unsymmet- rical loads
resulting from the failure of the critical engine including the
following conditions in combination with a single malfunction of the
propeller drag limiting system, considering the probable pilot
corrective action on the flight controls:
(1) At speeds between Vmo and VD, the loads resulting from power
failure because of fuel flow interruption are considered to be limit
loads.
(2) At speeds between Vmo and Vc, the loads resulting from the
disconnection of the engine compressor from the turbine or from loss of
the turbine blades are considered to be ultimate loads.
(3) The time history of the thrust decay and drag buildup occurring
as a result of the prescribed engine failures must be substantiated by
test or other data applicable to the particular engine-propeller
combination.
(4) The timing and magnitude of the probable pilot corrective action
must be conserv- atively estimated, considering the characteristics of
the particular engine-propeller-airplane combination.
(b) Pilot corrective action may be assumed to be initiated at the
time maximum yawing velocity is reached, but not earlier than 2 seconds
after the engine failure. The magnitude of the corrective action may be
based on the control forces in FAR 23.397 except that lower forces may
be assumed where it is shown by analysis or test that these forces can
control the yaw and roll resulting from the prescribed engine failure
conditions.
27. Dual wheel landing gear units. Each dual wheel landing gear unit
and its supporting structure must be shown to comply with the following:
(a) Pivoting. The airplane must be assumed to pivot about one side
of the main gear with the brakes on that side locked. The limit
vertical load factor must be 1.0 and the coefficient of friction 0.8.
This condition need apply only to the main gear and its supporting
structure.
(b) Unequal tire inflation. A 60-40 percent distribution of the
loads established under FAR 23.471 through FAR 23.483 must be applied to
the dual wheels.
(c) Flat tire. (1) Sixty percent of the loads in FAR 23.471 through
FAR 23.483 must be applied to either wheel in a unit.
(2) Sixty percent of the limit drag and side loads and 100 percent of
the limit vertical load established under FARs 23.493 and 23.485 must be
applied to either wheel in a unit except that the vertical load need not
exceed the maximum vertical load in paragraph (c)(1) of this section.
28. Fatigue evaluation of wing and associated structure. Unless it
is shown that the structure, operating stress levels, materials and
expected use are comparable from a fatigue standpoint to a similar
design which has had substantial satisfactory service experience, the
strength, detail design, and the fabrication of those parts of the wing,
wing carrythrough, and attaching structure whose failure would be
catastrophic must be evaluated under either --
(a) A fatigue strength investigation in which the structure is shown
by analysis, tests, or both to be able to withstand the repeated loads
of variable magnitude expected in service; or
(b) A fail-safe strength investigation in which it is shown by
analysis, tests, or both that catastrophic failure of the structure is
not probable after fatigue, or obvious partial failure, of a principal
structural element, and that the remaining structure is able to
withstand a static ultimate load factor of 75 percent of the critical
limit load factor at VC. These loads must be multiplied by a factor of
1.15 unless the dynamic effects of failure under static load are
otherwise considered.
29. Flutter. For multiengine turbopropeller powered airplanes, a
dynamic evaluation must be made and must include --
(a) The significant elastic, inertia, and aerodynamic forces
associated with the rotations and displacements of the plane of the
propeller; and
(b) Engine-propeller-nacelle stiffness and damping variations
appropriate to the particular configuration.
30. Flap operated landing gear warning device. Airplanes having
retractable landing gear and wing flaps must be equipped with a warning
device that functions continuously when the wing flaps are extended to a
flap position that activates the warning device to give adequate warning
before landing, using normal landing procedures, if the landing gear is
not fully extended and locked. There may not be a manual shut off for
this warning device. The flap position sensing unit may be installed at
any suitable location. The system for this device may use any part of
the system (including the aural warning device) provided for other
landing gear warning devices.
31. Cargo and baggage compartments. Cargo and baggage compartments
must be designed to meet FAR 23.787 (a) and (b), and in addition means
must be provided to protect passengers from injury by the contents of
any cargo or baggage compartment when the ultimate forward inertia force
is 9g.
32. Doors and exits. The airplane must meet FAR 23.783 and FAR
23.807 (a)(3), (b), and (c), and in addition:
(a) There must be a means to lock and safeguard each external door
and exit against opening in flight either inadvertently by persons, or
as a result of mechanical failure. Each external door must be operable
from both the inside and the outside.
(b) There must be means for direct visual inspection of the locking
mechanism by crewmembers to determine whether external doors and exits,
for which the initial opening movement is outward, are fully locked. In
addition, there must be a visual means to signal to crewmembers when
normally used external doors are closed and fully locked.
(c) The passenger entrance door must qualify as a floor level
emergency exit. Each additional required emergency exit except floor
level exits must be located over the wing or must be provided with
acceptable means to assist the occupants in descending to the ground.
In addition to the passenger entrance door:
(1) For a total seating capacity of 15 or less, an emergency exit as
defined in FAR 23.807(b) is required on each side of the cabin.
(2) For a total seating capacity of 16 through 23, three emergency
exits as defined in FAR 23.807(b) are required with one on the same side
as the door and two on the side opposite the door.
(d) An evacuation demonstration must be conducted utilizing the
maximum number of occupants for which certification is desired. It must
be conducted under simulated night conditions utilizing only the
emergency exits on the most critical side of the aircraft. The
participants must be representative of average airline passengers with
no previous practice or rehearsal for the demonstration. Evacuation
must be completed within 90 seconds.
(e) Each emergency exit must be marked with the word ''Exit'' by a
sign which has white letters 1 inch high on a red background 2 inches
high, be self-illuminated or independently internally electrically
illuminated, and have a minimum luminescence (brightness) of at least
160 microlamberts. The colors may be reversed if the passenger
compartment illumination is essentially the same.
(f) Access to window type emergency exits must not be obstructed by
seats or seat backs.
(g) The width of the main passenger aisle at any point between seats
must equal or exceed the values in the following table:
33. Lightning strike protection. Parts that are electrically
insulated from the basic airframe must be connected to it through
lightning arrestors unless a lightning strike on the insulated part --
(a) Is improbable because of shielding by other parts; or
(b) Is not hazardous.
34. 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 analysis and tests performed by the applicant for a type
certificated model.
35. Maintenance information. The applicant must make available to
the owner at the time of delivery of the airplane the information the
applicant considers essential for the proper maintenance of the
airplane. That information must include the following:
(a) Description of systems, including electrical, hydraulic, and fuel
controls.
(b) Lubrication instructions setting forth the frequency and the
lubricants and fluids which are to be used in the various systems.
(c) Pressures and electrical loads applicable to the various systems.
(d) Tolerances and adjustments necessary for proper functioning.
(e) Methods of leveling, raising, and towing.
(f) Methods of balancing control surfaces.
(g) Identification of primary and secondary structures.
(h) Frequency and extent of inspections necessary to the proper
operation of the airplane.
(i) Special repair methods applicable to the airplane.
(j) Special inspection techniques, such as X-ray, ultrasonic, and
magnetic particle inspection.
(k) List of special tools.
36. Vibration characteristics. For turbopropeller powered airplanes,
the engine installation must not result in vibration characteristics of
the engine exceeding those established during the type certification of
the engine.
37. In flight restarting of engine. If the engine on turbopropeller
powered airplanes cannot be restarted at the maximum cruise altitude, a
determination must be made of the altitude below which restarts can be
consistently accomplished. Restart information must be provided in the
Airplane Flight Manual.
38. Engines. (a) For turbopropeller powered airplanes. The engine
installation must comply with the following:
(1) Engine isolation. The powerplants must be arranged and isolated
from each other to allow operation, in at least one configuration, so
that the failure or malfunction of any engine, or of any system that can
affect the engine, will not --
(i) Prevent the continued safe operation of the remaining engines;
or
(ii) Require immediate action by any crewmember for continued safe
operation.
(2) Control of engine rotation. There must be a means to
individually stop and restart the rotation of any engine in flight
except that engine rotation need not be stopped if continued rotation
could not jeopardize the safety of the airplane. Each component of the
stopping and restarting system on the engine side of the firewall, and
that might be exposed to fire, must be at least fire resistant. If
hydraulic propeller feathering systems are used for this purpose, the
feathering lines must be at least fire resistant under the operating
conditions that may be expected to exist during feathering.
(3) Engine speed and gas temperature control devices. The powerplant
systems associated with engine control devices, systems, and
instrumentation must provide reasonable assurance that those engine
operating limitations that adversely affect turbine rotor structural
integrity will not be exceeded in service.
(b) For reciprocating engine powered airplanes. To provide engine
isolation, the powerplants must be arranged and isolated from each other
to allow operation, in at least one configuration, so that the failure
or malfunction of any engine, or of any system that can affect that
engine, will not --
(1) Prevent the continued safe operation of the remaining engines;
or
(2) Require immediate action by any crewmember for continued safe
operation.
39. Turbopropeller reversing systems. (a) Turbopropeller reversing
systems intended for ground operation must be designed so that no single
failure or malfunction of the system will result in unwanted reverse
thrust under any expected operating condition. Failure of structural
elements need not be considered if the probability of this kind of
failure is extremely remote.
(b) Turbopropeller reversing systems intended for in flight use must
be designed so that no unsafe condition will result during normal
operation of the system, or from any failure (or reasonably likely
combination of failures) of the reversing system, under any anticipated
condition of operation of the airplane. Failure of structural elements
need not be considered if the probability of this kind of failure is
extremely remote.
(c) Compliance with this section may be shown by failure analysis,
testing, or both for propeller systems that allow propeller blades to
move from the flight low-pitch position to a position that is
substantially less than that at the normal flight low-pitch stop
position. The analysis may include or be supported by the analysis made
to show compliance with the type certification of the propeller and
associated installation components. Credit will be given for pertinent
analysis and testing completed by the engine and propeller
manufacturers.
40. Turbopropeller drag-limiting systems. Turbopropeller
drag-limiting systems must be designed so that no single failure or
malfunction of any of the systems during normal or emergency operation
results in propeller drag in excess of that for which the airplane was
designed. Failure of structural elements of the drag-limiting systems
need not be considered if the probability of this kind of failure is
extremely remote.
41. Turbine engine powerplant operating characteristics. For
turbopropeller powered airplanes, the turbine engine powerplant
operating characteristics must be investigated in flight to determine
that no adverse characteristics (such as stall, surge, or flameout) are
present to a hazardous degree, during normal and emergency operation
within the range of operating limitations of the airplane and of the
engine.
42. Fuel flow. (a) For turbopropeller powered airplanes --
(1) The fuel system must provide for continuous supply of fuel to the
engines for normal operation without interruption due to depletion of
fuel in any tank other than the main tank; and
(2) The fuel flow rate for turbopropeller engine fuel pump systems
must not be less than 125 percent of the fuel flow required to develop
the standard sea level atmospheric conditions takeoff power selected and
included as an operating limitation in the Airplane Flight Manual.
(b) For reciprocating engine powered airplanes, it is acceptable for
the fuel flow rate for each pump system (main and reserve supply) to be
125 percent of the takeoff fuel consumption of the engine.
43. Fuel pumps. For turbopropeller powered airplanes, a reliable and
independent power source must be provided for each pump used with
turbine engines which do not have provisions for mechanically driving
the main pumps. It must be demonstrated that the pump installations
provide a reliability and durability equivalent to that in FAR
23.991(a).
44. Fuel strainer or filter. For turbopropeller powered airplanes,
the following apply:
(a) There must be a fuel strainer or filter between the tank outlet
and the fuel metering device of the engine. In addition, the fuel
strainer or filter must be --
(1) Between the tank outlet and the engine-driven positive
displacement pump inlet, if there is an engine-driven positive
displacement pump;
(2) Accessible for drainage and cleaning and, for the strainer
screen, easily removable; and
(3) Mounted so that its weight is not supported by the connecting
lines or by the inlet or outlet connections of the strainer or filter
itself.
(b) Unless there are means in the fuel system to prevent the
accumulation of ice on the filter, there must be means to automatically
maintain the fuel-flow if ice-clogging of the filter occurs; and
(c) The fuel strainer or filter must be of adequate capacity (for
operating limitations established to ensure proper service) and of
appropriate mesh to insure proper engine operation, with the fuel
contaminated to a degree (for particle size and density) that can be
reasonably expected in service. The degree of fuel filtering may not be
less than that established for the engine type certification.
45. Lightning strike protection. Protection must be provided against
the ignition of flammable vapors in the fuel vent system due to
lightning strikes.
46. Cooling test procedures for turbopropeller powered airplanes.
(a) Turbopropeller powered airplanes must be shown to comply with FAR
23.1041 during takeoff, climb, en route, and landing stages of flight
that correspond to the applicable performance requirements. The cooling
tests must be conducted with the airplane in the configuration, and
operating under the conditions that are critical relative to cooling
during each stage of flight. For the cooling tests a temperature is
''stabilized'' when its rate of change is less than 2 F. per minute.
(b) Temperatures must be stabilized under the conditions from which
entry is made into each stage of flight being investigated unless the
entry condition is not one during which component and engine fluid
temperatures would stabilize, in which case, operation through the full
entry condition must be conducted before entry into the stage of flight
being investigated to allow temperatures to reach their natural levels
at the time of entry. The takeoff cooling test must be preceded by a
period during which the powerplant component and engine fluid
temperatures are stabilized with the engines at ground idle.
(c) Cooling tests for each stage of flight must be continued until --
(1) The component and engine fluid temperatures stabilize;
(2) The stage of flight is completed; or
(3) An operating limitation is reached.
47. Air induction. For turbopropeller powered airplanes --
(a) There must be means to prevent hazardous quantities of fuel
leakage or overflow from drains, vents, or other components of flammable
fluid systems from entering the engine intake systems; and
(b) The air inlet ducts must be located or protected so as to
minimize the ingestion of foreign matter during takeoff, landing, and
taxiing.
48. Induction system icing protection. For turbopropeller powered
airplanes, each turbine engine must be able to operate throughout its
flight power range without adverse effect on engine operation or serious
loss of power or thrust, under the icing conditions specified in
appendix C of part 25 of this chapter. In addition, there must be means
to indicate to appropriate flight crewmembers the functioning of the
powerplant ice protection system.
49. Turbine engine bleed air systems. Turbine engine bleed air
systems of turbopropeller powered airplanes must be investigated to
determine --
(a) That no hazard to the airplane will result if a duct rupture
occurs. This condition must consider that a failure of the duct can
occur anywhere between the engine port and the airplane bleed service;
and
(b) That, if the bleed air system is used for direct cabin
pressurization, it is not possible for hazardous contamination of the
cabin air system to occur in event of lubrication system failure.
50. Exhaust system drains. Turbopropeller engine exhaust systems
having low spots or pockets must incorporate drains at those locations.
These drains must discharge clear of the airplane in normal and ground
attitudes to prevent the accumulation of fuel after the failure of an
attempted engine start.
51. Engine controls. If throttles or power levers for turbopropeller
powered airplanes are such that any position of these controls will
reduce the fuel flow to the engine(s) below that necessary for
satisfactory and safe idle operation of the engine while the airplane is
in flight, a means must be provided to prevent inadvertent movement of
the control into this position. The means provided must incorporate a
positive lock or stop at this idle position and must require a separate
and distinct operation by the crew to displace the control from the
normal engine operating range.
52. Reverse thrust controls. For turbopropeller powered airplanes,
the propeller reverse thrust controls must have a means to prevent their
inadvertent operation. The means must have a positive lock or stop at
the idle position and must require a separate and distinct operation by
the crew to displace the control from the flight regime.
53. Engine ignition systems. Each turbopropeller airplane ignition
system must be considered an essential electrical load.
54. Powerplant accessories. The powerplant accessories must meet FAR
23.1163, and if the continued rotation of any accessory remotely driven
by the engine is hazardous when malfunctioning occurs, there must be
means to prevent rotation without interfering with the continued
operation of the engine.
55. Fire detector system. For turbopropeller powered airplanes, the
following apply:
(a) There must be a means that ensures prompt detection of fire in
the engine compartment. An overtemperature switch in each engine
cooling air exit is an acceptable method of meeting this requirement.
(b) Each fire detector must be constructed and installed to withstand
the vibration, inertia, and other loads to which it may be subjected in
operation.
(c) No fire detector may be affected by any oil, water, other fluids,
or fumes that might be present.
(d) There must be means to allow the flight crew to check, in flight,
the functioning of each fire detector electric circuit.
(e) Wiring and other components of each fire detector system in a
fire zone must be at least fire resistant.
56. Fire protection, cowling and nacelle skin. For reciprocating
engine powered airplanes, the engine cowling must be designed and
constructed so that no fire originating in the engine compartment can
enter either through openings or by burn through, any other region where
it would create additional hazards.
57. Flammable fluid fire protection. If flammable fluids or vapors
might be liberated by the leakage of fluid systems in areas other than
engine compartments, there must be means to --
(a) Prevent the ignition of those fluids or vapors by any other
equipment; or
(b) Control any fire resulting from that ignition.
58. Powerplant instruments. (a) The following are required for
turbopropeller airplanes:
(1) The instruments required by FAR 23.1305 (a) (1) through (4), (b)
(2) and (4).
(2) A gas temperature indicator for each engine.
(3) Free air temperature indicator.
(4) A fuel flowmeter indicator for each engine.
(5) Oil pressure warning means for each engine.
(6) A torque indicator or adequate means for indicating power output
for each engine.
(7) Fire warning indicator for each engine.
(8) A means to indicate when the propeller blade angle is below the
low-pitch position corresponding to idle operation in flight.
(9) A means to indicate the functioning of the ice protection system
for each engine.
(b) For turbopropeller powered airplanes, the turbopropeller blade
position indicator must begin indicating when the blade has moved below
the flight low-pitch position.
(c) The following instruments are required for reciprocating engine
powered airplanes:
(1) The instruments required by FAR 23.1305.
(2) A cylinder head temperature indicator for each engine.
(3) A manifold pressure indicator for each engine.
59. Function and installation. The systems and equipment of the
airplane must meet FAR 23.1301, and the following:
(a) Each item of additional installed equipment must --
(1) Be of a kind and design appropriate to its intended function;
(2) Be labeled as to its identification, function, or operating
limitations, or any applicable combination of these factors, unless
misuse or inadvertent actuation cannot create a hazard;
(3) Be installed according to limitations specified for that
equipment; and
(4) Function properly when installed.
(b) Systems and installations must be designed to safeguard against
hazards to the aircraft in the event of their malfunction or failure.
(c) Where an installation, the functioning of which is necessary in
showing compliance with the applicable requirements, requires a power
supply, that installation must be considered an essential load on the
power supply, and the power sources and the distribution system must be
capable of supplying the following power loads in probable operation
combinations and for probable durations:
(1) All essential loads after failure of any prime mover, power
converter, or energy storage device.
(2) All essential loads after failure of any one engine on two-engine
airplanes.
(3) In determining the probable operating combinations and durations
of essential loads for the power failure conditions described in
paragraphs (1) and (2) of this paragraph, it is permissible to assume
that the power loads are reduced in accordance with a monitoring
procedure which is consistent with safety in the types of operations
authorized.
60. Ventilation. The ventilation system of the airplane must meet FAR
23.831, and in addition, for pressurized aircraft, the ventilating air
in flight crew and passenger compartments must be free of harmful or
hazardous concentrations of gases and vapors in normal operation and in
the event of reasonably probable failures or malfunctioning of the
ventilating, heating, pressurization, or other systems, and equipment.
If accumulation of hazardous quantities of smoke in the cockpit area is
reasonably probable, smoke evacuation must be readily accomplished.
61. General. The electrical systems and equipment of the airplane
must meet FAR 23.1351, and the following:
(a) Electrical system capacity. The required generating capacity,
and number and kinds of power sources must --
(1) Be determined by an electrical load analysis; and
(2) Meet FAR 23.1301.
(b) Generating system. The generating system includes electrical
power sources, main power busses, transmission cables, and associated
control, regulation and protective devices. It must be designed so that
--
(1) The system voltage and frequency (as applicable) at the terminals
of all essential load equipment can be maintained within the limits for
which the equipment is designed, during any probable operating
conditions;
(2) System transients due to switching, fault clearing, or other
causes do not make essential loads inoperative, and do not cause a smoke
or fire hazard;
(3) There are means, accessible in flight to appropriate crewmembers,
for the individual and collective disconnection of the electrical power
sources from the system; and
(4) There are means to indicate to appropriate crewmembers the
generating system quantities essential for the safe operation of the
system, including the voltage and current supplied by each generator.
62. Electrical equipment and installation. Electrical equipment,
controls, and wiring must be installed so that operation of any one unit
or system of units will not adversely affect the simultaneous operation
of any other electrical unit or system essential to the safe operation.
63. Distribution system. (a) For the purpose of complying with this
section, the distribution system includes the distribution busses, their
associated feeders, and each control and protective device.
(b) Each system must be designed so that essential load circuits can
be supplied in the event of reasonably probable faults or open circuits,
including faults in heavy current carrying cables.
(c) If two independent sources of electrical power for particular
equipment or systems are required under this appendix, their electrical
energy supply must be ensured by means such as duplicate electrical
equipment, throwover switching, or multichannel or loop circuits
separately routed.
64. Circuit protective devices. The circuit protective devices for
the electrical circuits of the airplane must meet FAR 23.1357, and in
addition circuits for loads which are essential to safe operation must
have individual and exclusive circuit protection.
14 CFR 135.443 Pt. 135, App. B
(Doc. No. 25530, Amdt. 135-26, 53 FR 26152, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 135.443 Pt. 135, App. C
(Doc. No. 25530, Amdt. 135-26, 53 FR 26152, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 135.443 Pt. 135, App. D
(Doc. No. 25530, Amdt. 135-26, 53 FR 26153, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 135.443 Pt. 135, App. E
(Doc. No. 25530, Amdt. 135-26, 53 FR 26154, July 11, 1988; 53 FR
30906, Aug. 16, 1988)
14 CFR 135.443 PART 137 -- AGRICULTURAL AIRCRAFT OPERATIONS
14 CFR 135.443 Subpart A -- General
Sec.
137.1 Applicability.
137.3 Definition of terms.
14 CFR 135.443 Subpart B -- Certification Rules
137.11 Certificate required.
137.15 Application for certificate.
137.17 Amendment of certificate.
137.19 Certification requirements.
137.21 Duration of certificate.
137.23 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
14 CFR 135.443 Subpart C -- Operating Rules
137.29 General.
137.31 Aircraft requirements.
137.33 Carrying of certificate.
137.35 Limitations on private agricultural aircraft operator.
137.37 Manner of dispensing.
137.39 Economic poison dispensing.
137.41 Personnel.
137.42 Fastening of safety belts and shoulder harnesses.
137.43 Airport traffic areas and control zones.
137.45 Nonobservance of airport traffic pattern.
137.47 Operation without position lights.
137.49 Operations over other than congested areas.
137.51 Operation over congested areas: General.
137.53 Operation over congested areas: Pilots and aircraft.
137.55 Business name: Commercial agricultural aircraft operator.
137.57 Availability of certificate.
137.59 Inspection authority.
14 CFR 135.443 Subpart D -- Records and Reports
137.71 Records: Commercial agricultural aircraft operator.
137.75 Change of address.
137.77 Termination of operations.
Authority: 49 U.S.C. app. 1354(a), 1348(c), 1421, and 1427.
Source: Docket No. 1464, 30 FR 8106, June 24, 1965, unless
otherwise noted.
14 CFR 135.443 Subpart A -- General
14 CFR 137.1 Applicability.
(a) This part prescribes rules governing --
(1) Agricultural aircraft operations within the United States; and
(2) The issue of commercial and private agricultural aircraft
operator certificates for those operations.
(b) In a public emergency, a person conducting agricultural aircraft
operations under this part may, to the extent necessary, deviate from
the operating rules of this part for relief and welfare activities
approved by an agency of the United States or of a State or local
government.
(c) Each person who, under the authority of this section, deviates
from a rule of this part shall, within 10 days after the deviation send
to the nearest FAA Flight Standards District Office a complete report of
the aircraft operation involved, including a description of the
operation and the reasons for it.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 137.3 Definition of terms.
For the purposes of this part --
Agricultural aircraft operation means the operation of an aircraft
for the purpose of (1) dispensing any economic poison, (2) dispensing
any other substance intended for plant nourishment, soil treatment,
propagation of plant life, or pest control, or (3) engaging in
dispensing activities directly affecting agriculture, horticulture, or
forest preservation, but not including the dispensing of live insects.
Economic poison means (1) any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any
insects, rodents, nematodes, fungi, weeds, and other forms of plant or
animal life or viruses, except viruses on or in living man or other
animals, which the Secretary of Agriculture shall declare to be a pest,
and (2) any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-3, 33 FR 9601, July 2, 1968)
14 CFR 137.3 Subpart B -- Certification Rules
14 CFR 137.11 Certificate required.
(a) Except as provided in paragraphs (c) and (d) of this section, no
person may conduct agricultural aircraft operations without, or in
violation of, an agricultural aircraft operator certificate issued under
this part.
(b) Notwithstanding part 133 of this chapter, an operator may, if he
complies with this part, conduct agricultural aircraft operations with a
rotorcraft with external dispensing equipment in place without a
rotorcraft external-load operator certificate.
(c) A Federal, State, or local government conducting agricultural
aircraft operations with public aircraft need not comply with this
subpart.
(d) The holder of a rotorcraft external-load operator certificate
under part 133 of this chapter conducting an agricultural aircraft
operation, involving only the dispensing of water on forest fires by
rotorcraft external-load means, need not comply with this subpart.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-3, 33 FR 9601, July 2, 1968; Amdt. 137-6, 41 FR 35060, Aug. 19,
1976)
14 CFR 137.15 Application for certificate.
An application for an agricultural aircraft operator certificate is
made on a form and in a manner prescribed by the Administrator, and
filed with the FAA Flight Standards District Office that has
jurisdiction over the area in which the applicant's home base of
operations is located.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 137.17 Amendment of certificate.
(a) An agricultural aircraft operator certificate may be amended --
(1) On the Administrator's own initiative, under section 609 of the
Federal Aviation Act of 1958 (49 U.S.C. 1429) and part 13 of this
chapter; or
(2) Upon application by the holder of that certificate.
(b) An application to amend an agricultural aircraft operator
certificate is submitted on a form and in a manner prescribed by the
Administrator. The applicant must file the application with the FAA
Flight Standards District Office having jurisdiction over the area in
which the applicant's home base of operations is located at least 15
days before the date that it proposes the amendment become effective,
unless a shorter filing period is approved by that office.
(c) The Flight Standards District Office grants a request to amend a
certificate if it determines that safety in air commerce and the public
interest so allow.
(d) Within 30 days after receiving a refusal to amend, the holder may
petition the Director, Flight Standards Service, to reconsider the
refusal.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-9, 43 FR 52206, Nov. 9, 1978; Amdt. 137-11, 45 FR 47838, July 17,
1980; Amdt. 137-13, 54 FR 39294, Sept. 25, 1989)
14 CFR 137.19 Certification requirements.
(a) General. An applicant for a private agricultural aircraft
operator certificate is entitled to that certificate if he shows that he
meets the requirements of paragraphs (b), (d), and (e) of this section.
An applicant for a commercial agricultural aircraft operator certificate
is entitled to that certificate if he shows that he meets the
requirements of paragraphs (c), (d), and (e) of this section. However,
if an applicant applies for an agricultural aircraft operator
certificate containing a prohibition against the dispensing of economic
poisons, that applicant is not required to demonstrate the knowledge
required in paragraphs (e)(1) (ii) through (iv) of this section.
(b) Private operator -- pilot. The applicant must hold a current
U.S. private, commercial, or airline transport pilot certificate and be
properly rated for the aircraft to be used.
(c) Commercial operator -- pilots. The applicant must have available
the services of at least one person who holds a current U.S. commercial
or airline transport pilot certificate and who is properly rated for the
aircraft to be used. The applicant himself may be the person available.
(d) Aircraft. The applicant must have at least one certificated and
airworthy aircraft, equipped for agricultural operation.
(e) Knowledge and skill tests. The applicant must show, or have the
person who is designated as the chief supervisor of agricultural
aircraft operations for him show, that he has satisfactory knowledge and
skill regarding agricultural aircraft operations, as described in
paragraphs (e) (1) and (2) of this section.
(1) The test of knowledge consists of the following:
(i) Steps to be taken before starting operations, including survey of
the area to be worked.
(ii) Safe handling of economic poisons and the proper disposal of
used containers for those poisons.
(iii) The general effects of economic poisons and agricultural
chemicals on plants, animals, and persons, with emphasis on those
normally used in the areas of intended operations; and the precautions
to be observed in using poisons and chemicals.
(iv) Primary symptoms of poisoning of persons from economic poisons,
the appropriate emergency measures to be taken, and the location of
poison control centers.
(v) Performance capabilities and operating limitations of the
aircraft to be used.
(vi) Safe flight and application procedures.
(2) The test of skill consists of the following maneuvers that must
be shown in any of the aircraft specified in paragraph (d) of this
section, and at that aircraft's maximum certificated take-off weight, or
the maximum weight established for the special purpose load, whichever
is greater:
(i) Short-field and soft-field takeoffs (airplanes and gyroplanes
only).
(ii) Approaches to the working area.
(iii) Flare-outs.
(iv) Swath runs.
(v) Pullups and turnarounds.
(vi) Rapid deceleration (quick stops) in helicopters only.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-1, 30 FR 15143, Dec. 8, 1965; Amdt. 137-7, 43 FR 22643, May 25,
1978)
14 CFR 137.21 Duration of certificate.
An agricultural aircraft operator certificate is effective until it
is surrendered, suspended, or revoked. The holder of an agricultural
aircraft operator certificate that is suspended or revoked shall return
it to the Administrator.
14 CFR 137.23 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. 137-4, 38 FR 17493, July 2, 1973, as amended
by Amdt. 137-12, 54 FR 34332, Aug. 18, 1989)
14 CFR 137.23 Subpart C -- Operating Rules
14 CFR 137.29 General.
(a) Except as provided in paragraphs (d) and (e) of this section,
this subpart prescribes rules that apply to persons and aircraft used in
agricultural aircraft operations conducted under this part.
(b) (Reserved)
(c) The holder of an agricultural aircraft operator certificate may
deviate from the provisions of part 91 of this chapter without a
certificate of waiver, as authorized in this subpart for dispensing
operations, when conducting nondispensing aerial work operations related
to agriculture, horticulture, or forest preservation in accordance with
the operating rules of this subpart.
(d) Sections 137.31 through 137.35, 137.41, and 137.53 through
137.59 do not apply to persons and aircraft used in agricultural
aircraft operations conducted with public aircraft.
(e) Sections 137.31 through 137.35, 137.39, 137.41, 137.51 through
137.59, and subpart D do not apply to persons and rotorcraft used in
agricultural aircraft operations conducted by a person holding a
certificate under part 133 of this chapter and involving only the
dispensing of water on forest fires by rotorcraft external-load means.
However, the operation shall be conducted in accordance with --
(1) The rules of part 133 of this chapter governing rotorcraft
external-load operations; and
(2) The operating rules of this subpart contained in 137.29,
137.37, and 137.43 through 137.49.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-3, 33 FR 9601, July 2, 1968; Amdt. 137-6, 41 FR 35060, Aug. 19,
1976)
14 CFR 137.31 Aircraft requirements.
No person may operate an aircraft unless that aircraft --
(a) Meets the requirements of 137.19(d); and
(b) Is equipped with a suitable and properly installed shoulder
harness for use by each pilot.
14 CFR 137.33 Carrying of certificate.
(a) No person may operate an aircraft unless a facsimile of the
agricultural aircraft operator certificate, under which the operation is
conducted, is carried on that aircraft. The facsimile shall be
presented for inspection upon the request of the Administrator or any
Federal, State, or local law enforcement officer.
(b) Notwithstanding part 91 of this chapter, the registration and
airworthiness certificates issued for the aircraft need not be carried
in the aircraft. However, when those certificates are not carried in
the aircraft they shall be kept available for inspection at the base
from which the dispensing operation is conducted.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-3, 33 FR 9601, July 2, 1968)
14 CFR 137.35 Limitations on private agricultural aircraft operator.
No person may conduct an agricultural aircraft operation under the
authority of a private agricultural aircraft operator certificate --
(a) For compensation or hire;
(b) Over a congested area; or
(c) Over any property unless he is the owner or lessee of the
property, or has ownership or other property interest in the crop
located on that property.
14 CFR 137.37 Manner of dispensing.
No persons may dispense, or cause to be dispensed, from an aircraft,
any material or substance in a manner that creates a hazard to persons
or property on the surface.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-3, 33 FR 9601, July 2, 1968)
14 CFR 137.39 Economic poison dispensing.
(a) Except as provided in paragraph (b) of this section, no person
may dispense or cause to be dispensed from an aircraft, any economic
poison that is registered with the U.S. Department of Agriculture under
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
135-135k) --
(1) For a use other than that for which it is registered;
(2) Contrary to any safety instructions or use limitations on its
label; or
(3) In violation of any law or regulation of the United States.
(b) This section does not apply to any person dispensing economic
poisons for experimental purposes under --
(1) The supervision of a Federal or State agency authorized by law to
conduct research in the field of economic poisons; or
(2) A permit from the U.S. Department of Agriculture issued pursuant
to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
135-135k).
(Amdt. 137-2, 31 FR 6686, May 5, 1966)
14 CFR 137.41 Personnel.
(a) Information. The holder of an agricultural aircraft operator
certificate shall insure that each person used in the holder's
agricultural aircraft operation is informed of that person's duties and
responsibilities for the operation.
(b) Supervisors. No person may supervise an agricultural aircraft
operation unless he has met the knowledge and skill requirements of
137.19(e).
(c) Pilot in command. No person may act as pilot in command of an
aircraft unless he holds a pilot certificate and rating prescribed by
137.19 (b) or (c), as appropriate to the type of operation conducted.
In addition, he must demonstrate to the holder of the Agricultural
Aircraft Operator Certificate conducting the operation that he has met
the knowledge and skill requirements of 137.19(e). If the holder of
that certificate has designated a person under 137.19(e) to supervise
his agricultural aircraft operations the demonstration must be made to
the person so designated. However, a demonstration of the knowledge and
skill requirement is not necessary for any pilot in command who --
(1) Is, at the time of the filing of an application by an
agricultural aircraft operator, working as a pilot in command for that
operator; and
(2) Has a record of operation under that applicant that does not
disclose any question regarding the safety of his flight operations or
his competence in dispensing agricultural materials or chemicals.
14 CFR 137.42 Fastening of safety belts and shoulder harnesses.
No person may operate an aircraft in operations required to be
conducted under part 137 without a safety belt and shoulder harness
properly secured about that person except that the shoulder harness need
not be fastened if that person would be unable to perform required
duties with the shoulder harness fastened.
(Amdt. 137-10, 44 FR 61325, Oct. 25, 1979)
14 CFR 137.43 Airport traffic areas and control zones.
(a) Except for flights to and from a dispensing area, no person may
operate an aircraft within an airport traffic area, or within a control
zone having an operative control tower, unless authorization for that
operation has been obtained from the control tower concerned.
(b) No person may operate an aircraft in weather conditions below VFR
minimums within a control zone not having an operative control tower
unless authorization for that operation has been obtained from the
appropriate ATC facility.
(c) Notwithstanding 91.157(e) of this chapter, an aircraft may be
operated in a control zone under special VFR weather minimums without
meeting the requirements prescribed therein.
(Doc. No. 1464, 30 FR 8106, June 24, 1964, as amended by Amdt.
137-8, 43 FR 28178, June 29, 1978; Amdt. 137-12, 54 FR 34332, Aug. 18,
1989)
Effective Date Note: By Amdt. 137-14, 56 FR 65663, Dec. 17, 1991,
137.43 was revised, effective September 16, 1993. For the convenience
of the user, the revised text follows.
137.43 Operations in controlled airspace designated for an airport.
(a) Except for flights to and from a dispensing area, no person may
operate an aircraft within the lateral boundaries of the surface area of
Class B, Class C, or Class D airspace designated for an airport unless
authorization for that operation has been obtained from the ATC facility
having jurisdiction over that area.
(b) No person may operate an aircraft in weather conditions below VFR
minimums within the lateral boundaries of a Class E airspace area that
extends upward from the surface unless authorization for that operation
has been obtained from the ATC facility having jurisdiction over that
area.
(c) Notwithstanding 91.157(a)(2) of this chapter, an aircraft may be
operated under the special VFR weather minimums without meeting the
requirements prescribed therein.
(Doc. No. 24456, 56 FR 65664, Dec. 17, 1991)
14 CFR 137.45 Nonobservance of airport traffic pattern.
Notwithstanding part 91 of this chapter, the pilot in command of an
aircraft may deviate from an airport traffic pattern when authorized by
the control tower concerned. At an airport without a functioning
control tower, the pilot in command may deviate from the traffic pattern
if --
(a) Prior coordination is made with the airport management concerned;
(b) Deviations are limited to the agricultural aircraft operation;
(c) Except in an emergency, landing and takeoffs are not made on
ramps, taxiways, or other areas of the airport not intended for such
use; and
(d) The aircraft at all times remains clear of, and gives way to,
aircraft conforming to the traffic pattern for the airport.
14 CFR 137.47 Operation without position lights.
Notwithstanding part 91 of this chapter, an aircraft may be operated
without position lights if prominent unlighted objects are visible for
at least 1 mile and takeoffs and landings at --
(a) Airports with a functioning control tower are made only as
authorized by the control tower operator; and
(b) Other airports are made only with the permission of the airport
management and no other aircraft operations requiring position lights
are in progress at that airport.
14 CFR 137.49 Operations over other than congested areas.
Notwithstanding part 91 of this chapter, during the actual dispensing
operation, including approaches, departures, and turnarounds reasonably
necessary for the operation, an aircraft may be operated over other than
congested areas 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.
(Amdt. 137-3, 33 FR 9601, July 2, 1968)
14 CFR 137.51 Operation over congested areas: General.
(a) Notwithstanding part 91 of this chapter, an aircraft may be
operated over a congested area at altitudes required for the proper
accomplishment of the agricultural aircraft operation if the operation
is conducted --
(1) With the maximum safety to persons and property on the surface,
consistent with the operation; and
(2) In accordance with the requirements of paragraph (b) of this
section.
(b) No person may operate an aircraft over a congested area except in
accordance with the requirements of this paragraph.
(1) Prior written approval must be obtained from the appropriate
official or governing body of the political subdivision over which the
operations are conducted.
(2) Notice of the intended operation must be given to the public by
some effective means, such as daily newspapers, radio, television, or
door-to-door notice.
(3) A plan for each complete operation must be submitted to, and
approved by appropriate personnel of the FAA Flight Standards District
Office having jurisdiction over the area where the operation is to be
conducted. The plan must include consideration of obstructions to
flight; the emergency landing capabilities of the aircraft to be used;
and any necessary coordination with air traffic control.
(4) Single engine aircraft must be operated as follows:
(i) Except for helicopters, no person may take off a loaded aircraft,
or make a turnaround over a congested area.
(ii) No person may operate an aircraft over a congested area below
the altitudes prescribed in part 91 of this chapter except during the
actual dispensing operation, including the approaches and departures
necessary for that operation.
(iii) No person may operate an aircraft over a congested area during
the actual dispensing operation, including the approaches and departures
for that operation, unless it is operated in a pattern and at such an
altitude that the aircraft can land, in an emergency, without
endangering persons or property on the surface.
(5) Multiengine aircraft must be operated as follows:
(i) No person may take off a multiengine airplane over a congested
area except under conditions that will allow the airplane to be brought
to a safe stop within the effective length of the runway from any point
on takeoff up to the time of attaining, with all engines operating at
normal takeoff power, 105 percent of the minimum control speed with the
critical engine inoperative in the takeoff configuration or 115 percent
of the power-off stall speed in the takeoff configuration, whichever is
greater, as shown by the accelerate stop distance data. In applying
this requirement, takeoff data is based upon still-air conditions, and
no correction is made for any uphill gradient of 1 percent or less when
the percentage is measured as the difference between elevation at the
end points of the runway divided by the total length. For uphill
gradients greater than 1 percent, the effective takeoff length of the
runway is reduced 20 percent for each 1-percent grade.
(ii) No person may operate a multiengine airplane at a weight greater
than the weight that, with the critical engine inoperative, would permit
a rate of climb of at least 50 feet per minute at an altitude of at
least 1,000 feet above the elevation of the highest ground or
obstruction within the area to be worked or at an altitude of 5,000
feet, whichever is higher. For the purposes of this subdivision, it is
assumed that the propeller of the inoperative engine is in the minimum
drag position; that the wing flaps and landing gear are in the most
favorable positions; and that the remaining engine or engines are
operating at the maximum continuous power available.
(iii) No person may operate any multiengine aircraft over a congested
area below the altitudes prescribed in part 91 of this chapter except
during the actual dispensing operation, including the approaches,
departures, and turnarounds necessary for that operation.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 137-13, 54 FR 39294, Sept. 25,
1989)
14 CFR 137.53 Operation over congested areas: Pilots and aircraft.
(a) General. No person may operate an aircraft over a congested area
except in accordance with the pilot and aircraft rules of this section.
(b) Pilots. Each pilot in command must have at least --
(1) 25 hours of pilot-in-command flight time in the make and basic
model of the aircraft, at least 10 hours of which must have been
acquired within the preceding 12 calendar months; and
(2) 100 hours of flight experience as pilot in command in dispensing
agricultural materials or chemicals.
(c) Aircraft. (1) Each aircraft must -- (i) If it is an aircraft not
specified in paragraph (c)(1)(ii) of this section, have had within the
preceding 100 hours of time in service a 100-hour or annual inspection
by a person authorized by part 65 or 145 of this chapter, or have been
inspected under a progressive inspection system; and
(ii) If it is a large or turbine-powered multiengine civil airplane
of U.S. registry, have been inspected in accordance with the applicable
inspection program requirements of 91.409 of this chapter.
(2) If other than a helicopter, it must be equipped with a device
capable of jettisoning at least one-half of the aircraft's maximum
authorized load of agricultural material within 45 seconds. If the
aircraft is equipped with a device for releasing the tank or hopper as a
unit, there must be a means to prevent inadvertent release by the pilot
or other crewmember.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-5, 41 FR 16796, Apr. 22, 1976; Amdt. 137-12, 54 FR 34332, Aug. 18,
1989)
14 CFR 137.55 Business name: Commercial agricultural aircraft
operator.
No person may operate under a business name that is not shown on his
commercial agricultural aircraft operator certificate.
14 CFR 137.57 Availability of certificate.
Each holder of an agricultural aircraft operator certificate shall
keep that certificate at his home base of operations and shall present
it for inspection on the request of the Administrator or any Federal,
State, or local law enforcement officer.
14 CFR 137.59 Inspection authority.
Each holder of an agricultural aircraft operator certificate shall
allow the Administrator at any time and place to make inspections,
including on-the-job inspections, to determine compliance with
applicable regulations and his agricultural aircraft operator
certificate.
14 CFR 137.59 Subpart D -- Records and Reports
14 CFR 137.71 Records: Commercial agricultural aircraft operator.
(a) Each holder of a commercial agricultural aircraft operator
certificate shall maintain and keep current, at the home base of
operations designated in his application, the following records:
(1) The name and address of each person for whom agricultural
aircraft services were provided;
(2) The date of the service;
(3) The name and quantity of the material dispensed for each
operation conducted; and
(4) The name, address, and certificate number of each pilot used in
agricultural aircraft operations and the date that pilot met the
knowledge and skill requirements of 137.19(e).
(b) The records required by this section must be kept at least 12
months and made available for inspection by the Administrator upon
request.
14 CFR 137.75 Change of address.
Each holder of an agricultural aircraft operator certificate shall
notify the FAA in writing in advance of any change in the address of his
home base of operations.
14 CFR 137.77 Termination of operations.
Whenever a person holding an agricultural aircraft operator
certificate ceases operations under this part, he shall surrender that
certificate to the FAA Flight Standards District Office last having
jurisdiction over his operation.
(Doc. No. 1464, 30 FR 8106, June 24, 1965, as amended by Amdt.
137-13, 54 FR 39294, Sept. 25, 1989; 54 FR 52872, Dec. 22, 1989)
14 CFR 137.77 PART 139 -- CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING CERTAIN AIR CARRIERS
14 CFR 137.77 Subpart A -- General
Sec.
139.1 Applicability.
139.3 Definitions.
139.5 Standards and procedures for compliance with the certification
and operations requirements of this part.
14 CFR 137.77 Subpart B -- Certification
139.101 Certification requirements: general.
139.103 Application for certificate.
139.105 Inspection authority.
139.107 Issuance of certificate.
139.109 Duration of certificate.
139.111 Exemptions.
139.113 Deviations.
14 CFR 137.77 Subpart C -- Airport Certification Manual and Airport
Certification Specifications
139.201 Airport operating certificate: Airport certification manual.
139.203 Preparation of airport certification manual.
139.205 Contents of airport certification manual.
139.207 Maintenance of airport certification manual.
139.209 Limited airport operating certificate: Airport certification
specifications.
139.211 Preparation of airport certification specifications.
139.213 Contents of airport certification specifications.
139.215 Maintenance of airport certification specifications.
139.217 Amendment of airport certification manual or airport
certification specifications.
14 CFR 137.77 Subpart D -- Operations
139.301 Inspection authority.
139.303 Personnel.
139.305 Paved areas.
139.307 Unpaved areas.
139.309 Safety areas.
139.311 Marking and lighting.
139.313 Snow and ice control.
139.315 Aircraft rescue and firefighting: Index determination.
139.317 Aircraft rescue and firefighting: Equipment and agents.
139.319 Aircraft rescue and firefighting: Operational requirements.
139.321 Handling and storing of hazardous substances and materials.
139.323 Traffic and wind direction indicators.
139.325 Airport emergency plan.
139.327 Self-inspection program.
139.329 Ground vehicles.
139.331 Obstructions.
139.333 Protection of navaids.
139.335 Public protection.
139.337 Wildlife hazard management.
139.339 Airport condition reporting.
139.341 Identifying, marking, and reporting construction and other
unserviceable areas.
139.343 Noncomplying conditions.
Authority: 49 U.S.C. app. 1354(a) and 1432; 49 U.S.C. 106(g).
Source: Docket No. 24812, 52 FR 44282, Nov. 18, 1987, unless
otherwise noted.
14 CFR 137.77 Subpart A -- General
14 CFR 139.1 Applicability.
This part prescribes rules governing the certification and operation
of land airports which serve any scheduled or unscheduled passenger
operation of an air carrier that is conducted with an aircraft having a
seating capacity of more than 30 passengers. This part does not apply
to airports at which air carrier passenger operations are conducted only
by reason of the airport being designated as an alternate airport.
14 CFR 139.3 Definitions.
The following are definitions of terms as used in this part:
AFFF means aqueous film forming foam agent.
Air carrier means a person who holds or who is required to hold an
air carrier operating certificate issued under this chapter while
operating aircraft having a seating capacity of more than 30 passengers.
Air carrier aircraft means an aircraft with a seating capacity of
more than 30 passengers which is being operated by an air carrier.
Air carrier operation means the takeoff or landing of an air carrier
aircraft and includes the period of time from 15 minutes before and
until 15 minutes after the takeoff or landing.
Airport means an area of land or other hard surface, excluding water,
that is used or intended to be used for the landing and takeoff of
aircraft, and includes its buildings and facilities, if any.
Airport operating certificate means a certificate, issued under this
part, for operation of an airport serving scheduled operations of air
carriers.
Average daily departures means the average number of scheduled
departures per day of air carrier aircraft computed on the basis of the
busiest 3 consecutive months of the immediately preceding 12 calendar
months; except that if the average daily departures are expected to
increase, then ''average daily departures'' may be determined by planned
rather than current activity in a manner acceptable to the
Administrator.
Certificate holder means the holder of an airport operating
certificate or a limited airport operating certificate, except that as
used in subpart D ''certificate holder'' does not mean the holder of a
limited airport operating certificate if its airport certification
specifications, or this part, do not require compliance with the section
in which it is used.
Heliport means an airport or an area of an airport used or intended
to be used for the landing and takeoff of helicopters.
Index means an airport ranking according to the type and quantity of
aircraft rescue and firefighting equipment and agent required,
determined by the length and frequency of air carrier aircraft served by
the airport, as provided in subpart D of this part.
Limited airport operating certificate means a certificate, issued
under this part, for the operation of an airport serving unscheduled
operations of air carriers.
Movement area means the runways, taxiways, and other areas of an
airport which are used for taxiing or hover taxiing, air taxiing,
takeoff, and landing of aircraft, exclusive of loading ramps and
aircraft parking areas.
Regional Airports Division Manager means the airports division
manager for the FAA region in which the airport is located.
Safety area means a designated area abutting the edges of a runway or
taxiway intended to reduce the risk of damage to an aircraft
inadvertently leaving the runway or taxiway.
Wildlife hazard means a potential for a damaging aircraft collision
with wildlife on or near an airport. As used in this part, ''wildlife''
includes domestic animals while out of the control of their owners.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12,
1988, as amended by Amdt. 139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.5 Standards and procedures for compliance with the
certification and operations requirements of this part.
Certain requirements prescribed by subparts C and D of this part must
be complied with in a manner acceptable to the Administrator. FAA
Advisory Circulars contain standards and procedures that are acceptable
to the Administrator for compliance with subparts C and D. Some of
these advisory circulars are referenced in specific sections of this
part. The standards and procedures in them, or other standards and
procedures approved by the Administrator, may be used to comply with
those sections.
14 CFR 139.5 Subpart B -- Certification
14 CFR 139.101 Certification requirements: general.
(a) No person may operate a land airport in any State of the United
States, the District of Columbia, or any territory or possession of the
United States, serving any scheduled passenger operation of an air
carrier operating an aircraft having a seating capacity of more than 30
passengers without an airport operating certificate, or in violation of
that certificate, the applicable provisions of this part, or the
approved airport certification manual for that airport.
(b) Unless otherwise authorized by the Administrator, no person may
operate a land airport in any State of the United States, the District
of Columbia, or any territory or possession of the United States,
serving any unscheduled passenger operation of an air carrier operating
an aircraft having a seating capacity of more than 30 passengers without
a limited airport operating certificate, or in violation of that
certificate, the applicable provisions of this part, or the approved
airport specifications for that airport.
(Amdt. 139-17, 55 FR 48214, Nov. 19, 1990)
14 CFR 139.103 Application for certificate.
(a) Each applicant for an airport operating certificate or a limited
airport operating certificate must submit an application, in a form and
in the manner prescribed by the Administrator, to the Regional Airports
Division Manager.
(b) The application must be accompanied by two copies of an airport
certification manual or airport certification specifications, as
appropriate, prepared in accordance with subpart C of this part.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.105 Inspection authority.
Each applicant for an airport operating certificate or a limited
airport operating certificate must allow the Administrator to make any
inspections, including unannounced inspections, or tests to determine
compliance with --
(a) The Federal Aviation Act of 1958, as amended; and
(b) The requirements of this part.
14 CFR 139.107 Issuance of certificate.
(a) An applicant for an airport operating certificate is entitled to
a certificate if --
(1) The provisions of 139.103 of this subpart are met;
(2) The Administrator, after investigation, finds that the applicant
is properly and adequately equipped and able to provide a safe airport
operating environment in accordance with --
(i) Subpart D of this part, and
(ii) Any limitations which the Administrator finds necessary in the
public interest; and
(3) The Administrator approves the airport certification manual.
(b) An applicant for a limited airport operating certificate is
entitled to a certificate if --
(1) The provisions of 139.103 of this subpart are met;
(2) The Administrator, after investigation, finds that the applicant
is properly and adequately equipped and able to provide a safe airport
operating environment in accordance with --
(i) The provisions of subpart D listed in 139.213(a) of this part,
and
(ii) Any other provisions of this part and any limitations which the
Administrator finds necessary in the public interest; and
(3) The Administrator approves the airport certification
specifications.
14 CFR 139.109 Duration of certificate.
An airport operating certificate or a limited airport operating
certificate issued under this part is effective until it is surrendered
by the certificate holder or is suspended or revoked by the
Administrator.
14 CFR 139.111 Exemptions.
(a) An applicant or a certificate holder may petition the
Administrator under 11.25, Petitions for Rule Making or Exemptions, of
this chapter for an exemption from any requirement of this part.
(b) An applicant or a certificate holder, enplaning annually less
than one-quarter of 1 percent of the total number of passengers enplaned
at all air carrier airports, may petition the Administrator under
11.25, Petitions for Rule Making or Exemptions, of this chapter for an
exemption from all or part of the rescue and firefighting equipment
requirements of this part on the grounds that compliance with those
requirements is, or would be, unreasonably costly, burdensome, or
impractical.
(c) Each petition filed under this section must be submitted in
duplicate to the Regional Airports Division Manager.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.113 Deviations.
In emergency conditions requiring immediate action for the protection
of life or property, involving the transportation of persons by air
carriers, the certificate holder may deviate from any requirement of
subpart D of this part to the extent required to meet that emergency.
Each certificate holder who deviates from a requirement under this
paragraph shall, as soon as practicable, but not later than 14 days
after the emergency, report in writing to the Regional Airports Division
Manager stating the nature, extent, and duration of the deviation.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.113 Subpart C -- Airport Certification Manual and Airport Certification Specifications
14 CFR 139.201 Airport operating certificate: Airport certification
manual.
(a) An applicant for an airport operating certificate must prepare,
and submit with an application, an airport certification manual for
approval by the Administrator. Only those items addressing subjects
required for certification under this part shall be included in the
airport certification manual.
(b) Except as provided in paragraph (c) of this section, each
certificate holder shall comply with an approved airport certification
manual that meets the requirements of 139.203 and 139.205.
(c) A certificate holder with an approved airport operations manual
on December 31, 1987, may use the manual in lieu of the manual required
by paragraph (b) of this section until December 31, 1988. Until the
certificate holder has an approved airport certification manual, it
shall comply with 139.207 as if that section applied to its airport
operations manual.
(Docket No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119, Feb. 12,
1988)
14 CFR 139.203 Preparation of airport certification manual.
(a) Each airport certification manual required by this part shall --
(1) Be typewritten and signed by the airport operator;
(2) Be in a form that is easy to revise;
(3) Have the date of initial approval or approval of the latest
revision on each page or item in the manual and include a page revision
log; and
(4) Be organized in a manner helpful to the preparation, review, and
approval processes.
(b) FAA Advisory Circulars in the 139 series contain standards and
procedures for the development of airport certification manuals which
are acceptable to the Administrator.
14 CFR 139.205 Contents of airport certification manual.
(a) Each airport certification manual required by this part shall
include operating procedures, facilities and equipment descriptions,
responsibility assignments, and any other information needed by
personnel concerned with operating the airport in order to comply with
--
(1) The provisions of subpart D of this part; and
(2) Any limitations which the Administrator finds necessary in the
public interest.
(b) In complying with paragraph (a) of this section, the airport
certification manual must include at least the following elements:
(1) Lines of succession of airport operational responsibility.
(2) Each current exemption issued to the airport from the
requirements of this part.
(3) Any limitations imposed by the Administrator.
(4) A grid map or other means of identifying locations and terrain
features on and around the airport which are significant to emergency
operations.
(5) The system of runway and taxiway identification.
(6) The location of each obstruction required to be lighted or marked
within the airport's area of authority.
(7) A description of each movement area available for air carriers
and its safety areas and each road described in 139.319(k) that serves
it.
(8) Procedures for avoidance of interruption or failure during
construction work of utilities serving facilities or navaids which
support air carrier operations.
(9) Procedures for maintaining the paved areas as required by
139.305.
(10) Procedures for maintaining the unpaved areas as required by
139.307.
(11) Procedures for maintaining the safety areas as required by
139.309.
(12) A description of, and procedures for maintaining, the marking
and lighting systems as required by 139.311.
(13) A snow and ice control plan as required by 139.313.
(14) A description of the facilities, equipment, personnel, and
procedures for meeting the rescue and firefighting requirements in
139.317 and 139.319.
(15) Procedures for complying with the requirements of 139.321
relating to hazardous substances and materials.
(16) A description of, and procedures for maintaining, the traffic
and wind direction indicators required by 139.323.
(17) An emergency plan as required by 139.325.
(18) Procedures for conducting the self-inspection program as
required by 139.327.
(19) Procedures for controlling ground vehicles as required by
139.329.
(20) Procedures for obstruction removal, marking, or lighting as
required by 139.331.
(21) Procedures for protection of navaids as required by 139.333.
(22) A description of public protection as required by 139.335.
(23) A wildlife hazard management plan as required by 139.337.
(24) Procedures for airport condition reporting as required by
139.339.
(25) Procedures for identifying, marking, and reporting construction
and other unserviceable areas as required by 139.341.
(26) Any other item which the Administrator finds is necessary in the
public interest.
(Docket No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119 and 4258,
Feb. 12, 1988)
14 CFR 139.207 Maintenance of airport certification manual.
Each holder of an airport operating certificate shall --
(a) Keep its airport certification manual current at all times;
(b) Maintain at least one complete and current copy of its approved
airport certification manual on the airport;
(c) Furnish the applicable portions of the approved airport
certification manual to the airport personnel responsible for their
implementation;
(d) Make the copy required by paragraph (b) of this section available
for inspection by the Administrator upon request; and
(e) Provide the Administrator with one complete and current copy
required by paragraph (b) of this section.
14 CFR 139.209 Limited airport operating certificate: Airport
certification specifications.
(a) An applicant for a limited airport operating certificate must
prepare, and submit with an application, airport certification
specifications for approval by the Administrator. Only those items
addressing subjects required for certification under this part shall be
included in the airport certification specifications.
(b) Except as provided in paragraph (c) of this section, each
certificate holder shall comply with the approved airport certification
specifications that meet the requirements of 139.211 and 139.213.
(c) A certificate holder with an approved airport operations
specification on December 31, 1987, may use those specifications in lieu
of the specifications required by paragraph (b) of this section until
December 31, 1988. Until the certificate holder has approved airport
certification specifications, it shall comply with 139.215 as if that
section applied to its airport operations specifications.
(Docket No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119, Feb. 12,
1988)
14 CFR 139.211 Preparation of airport certification specifications.
(a) Each airport certification specifications required by this part
shall --
(1) Be typewritten and signed by the airport operator;
(2) Be in a form that is easy to revise;
(3) Have the date of initial approval or approval of the latest
revision on each page or item in the specifications and include a page
revision log; and
(4) Be organized in a manner helpful to the preparation, review, and
approval processes.
(b) FAA Advisory Circulars in the 139 series contain standards and
procedures for the development of airport certification specifications
which are acceptable to the Administrator.
14 CFR 139.213 Contents of airport certification specifications.
(a) The airport certification specifications required by this part
shall include operating procedures, facilities and equipment
descriptions, responsibility assignments, and any other information
needed by personnel concerned with operating the airport in order to
comply with --
(1) The following provisions of subpart D of this part:
(i) Section 139.301 Inspection authority.
(ii) Section 139.303 Personnel.
(iii) Section 139.305 Paved areas.
(iv) Section 139.307 Unpaved areas.
(v) Section 139.309 Safety areas.
(vi) Section 139.311 Marking and lighting.
(vii) Section 139.339 Airport condition reporting.
(2) Any other provisions of subpart D of this part, and any
limitations, which the Administrator finds necessary in the public
interest.
(b) In complying with paragraph (a) of this section, the airport
certification specifications shall include at least the following
elements:
(1) Lines of succession of airport operational responsibility.
(2) Each current exemption issued to the airport from the
requirements of this part.
(3) Any limitations imposed by the Administrator.
(4) The system of runway and taxiway identification.
(5) The location of each obstruction required to be lighted or marked
within the airport's area of authority.
(6) A description of each movement area available for air carriers
and its safety areas.
(7) Procedures for maintaining the paved areas as required by
139.305.
(8) Procedures for maintaining the unpaved areas as required by
139.307.
(9) Procedures for maintaining the safety areas as required by
139.309.
(10) A description of, and procedures for maintaining, the marking
and lighting systems as required by 139.311.
(11) A description of the facilities, equipment, personnel, and
procedures for emergency response to aircraft rescue and firefighting
needs.
(12) Procedures for safety in storing and handling of hazardous
substances and materials.
(13) A description of, and procedures for maintaining, any traffic
and wind direction indicators on the airport.
(14) A description of the procedures used for conducting
self-inspections of the airport.
(15) Procedures and responsibilities for airport condition reporting
as required by 139.339.
(16) Procedures for compliance with any other provisions of subpart D
of this part, and any limitations, which the Administrator finds
necessary in the public interest.
14 CFR 139.215 Maintenance of airport certification specifications.
Each holder of a limited airport operating certificate shall --
(a) Keep its airport certification specifications current at all
times;
(b) Maintain at least one complete and current copy of its approved
airport certification specifications on the airport;
(c) Furnish the applicable portions of the approved airport
certification specifications to the airport personnel responsible for
their implementation;
(d) Make the copy required by paragraph (b) of this section available
for inspection by the Administrator upon request; and
(e) Provide the Administrator with one complete and current copy
required by paragraph (b) of this section.
14 CFR 139.217 Amendment of airport certification manual or airport
certification specifications.
(a) The Regional Airports Division Manager may amend any airport
certification manual or any airport certification specifications
approved under this part, either --
(1) Upon application by the certification holder; or
(2) On the Regional Airports Division Manager's own initiative if the
Regional Airports Division Manager determines that safety in air
transportation or air commerce and the public interest require the
amendment.
(b) An applicant for an amendment to its airport certification manual
or its airport certification specifications shall file its application
with the Regional Airports Division Manager at least 30 days before the
proposed effective date of the amendment, unless a shorter filing period
is allowed by that office.
(c) At any time within 30 days after receiving a notice of refusal to
approve the application for amendment, the certificate holder may
petition the Administrator to reconsider the refusal to amend.
(d) In the case of amendments initiated by the Regional Airports
Division Manager, the office notifies the certificate holder of the
proposed amendment, in writing, fixing a reasonable period (but not less
than 7 days) within which the certificate holder may submit written
information, views, and arguments on the amendment. After considering
all relevant material presented, the Regional Airports Division Manager
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 notice of it, except that prior to the
effective date the certificate holder may petition the Administrator to
reconsider the amendment, in which case its effective date is stayed
pending a decision by the Administrator.
(e) Notwithstanding the provisions of paragraph (d) of this section,
if the Regional Airports Division Manager finds that there is an
emergency requiring immediate action with respect to safety in air
transportation or air commerce that makes the procedures in this
paragraph impractical or contrary to the public interest, the Regional
Airports Division Manager may issue an amendment, effective without stay
on the date the certificate holder receives notice of it. In such a
case, the Regional Airports Division Manager incorporates the finding of
the emergency, and a brief statement of the reasons for the finding, in
the notice of the amendment. Within 30 days after the issuance of such
an emergency amendment, the certificate holder may petition the
Administrator to reconsider either the finding of an emergency or the
amendment itself or both. This petition does not automatically stay the
effectiveness of the emergency amendment.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.217 Subpart D -- Operations
14 CFR 139.301 Inspection authority.
Each certificate holder shall allow the Administrator to make any
inspections, including unannounced inspections, or tests to determine
compliance with this part.
14 CFR 139.303 Personnel.
Each certificate holder shall maintain sufficient qualified personnel
to comply with the requirements of its airport certification manual or
airport certification specifications and the applicable rules of this
part.
14 CFR 139.305 Paved areas.
(a) Each certificate holder shall maintain, and promptly repair the
pavement of, each runway, taxiway, loading ramp, and parking area on the
airport which is available for air carrier use as follows:
(1) The pavement edges shall not exceed 3 inches difference in
elevation between abutting pavement sections and between full strength
pavement and abutting shoulders.
(2) The pavement shall have no hole exceeding 3 inches in depth nor
any hole the slope of which from any point in the hole to the nearest
point at the lip of the hole is 45 degrees or greater as measured from
the pavement surface plane, unless, in either case, the entire area of
the hole can be covered by a 5-inch diameter circle.
(3) The pavement shall be free of cracks and surface variations which
could impair directional control of air carrier aircraft.
(4) Except as provided in paragraph (b) of this section, mud, dirt,
sand, loose aggregate, debris, foreign objects, rubber deposits, and
other contaminants shall be removed promptly and as completely as
practicable.
(5) Except as provided in paragraph (b) of this section, any chemical
solvent that is used to clean any pavement area shall be removed as soon
as possible, consistent with the instructions of the manufacturer of the
solvent.
(6) The pavement shall be sufficiently drained and free of
depressions to prevent ponding that obscures markings or impairs safe
aircraft operations.
(b) Paragraphs (a)(4) and (a)(5) of this section do not apply to snow
and ice accumulations and their control, including the associated use of
materials such as sand and deicing solutions.
(c) FAA Advisory Circulars in the 150 series contain standards and
procedures for the maintenance and configuration of paved areas which
are acceptable to the Administrator.
14 CFR 139.307 Unpaved areas.
(a) Each certificate holder shall maintain and promptly repair the
surface of each gravel, turf, or other unpaved runway, taxiway, or
loading ramp and parking area on the airport which is available for air
carrier use as follows:
(1) No slope from the edge of the full-strength surfaces downward to
the existing terrain shall be steeper than 2:1.
(2) The full-strength surfaces shall have adequate crown or grade to
assure sufficient drainage to prevent ponding.
(3) The full-strength surfaces shall be adequately compacted and
sufficiently stable to prevent rutting by aircraft, or the loosening or
buildup of surface material which could impair directional control of
aircraft or drainage.
(4) The full-strength surfaces must have no holes or depressions
which exceed 3 inches in depth and are of a breadth capable of impairing
directional control or causing damage to an aircraft.
(5) Debris and foreign objects shall be promptly removed from the
surface.
(b) Standards and procedures for the maintenance and configuration of
unpaved full-strength surfaces shall be included in the airport
certification manual or the airport certification specifications, as
appropriate, for compliance with this section.
14 CFR 139.309 Safety areas.
(a) To the extent practicable, each certificate holder shall provide
and maintain for each runway and taxiway which is available for air
carrier use --
(1) If the runway or taxiway had a safety area on December 31, 1987,
and if no reconstruction or significant expansion of the runway or
taxiway was begun on or after January 1, 1988, a safety area of at least
the dimensions that existed on December 31, 1987; or
(2) If construction, reconstruction, or significant expansion of the
runway or taxiway began on or after January 1, 1988, a safety area which
conforms to the dimensions acceptable to the Administrator at the time
construction, reconstruction, or expansion began.
(b) Each certificate holder shall maintain its safety areas as
follows:
(1) Each safety area shall be cleared and graded, and have no
potentially hazardous ruts, humps, depressions, or other surface
variations.
(2) Each safety area shall be drained by grading or storm sewers to
prevent water accumulation.
(3) Each safety area shall be capable under dry conditions of
supporting snow removal equipment, and aircraft rescue and firefighting
equipment, and supporting the occasional passage of aircraft without
causing major damage to the aircraft.
(4) No object may be located in any safety area, except for objects
that need to be located in a safety area because of their function.
These objects shall be constructed, to the extent practical, on
frangibly mounted structures of the lowest practical height with the
frangible point no higher than 3 inches above grade.
(c) FAA Advisory Circulars in the 150 series contain standards and
procedures for the configuration and maintenance of safety areas
acceptable to the Administrator.
14 CFR 139.311 Marking and lighting.
(a) Each certificate holder shall provide and maintain at least the
following marking systems for air carrier operations on the airport:
(1) Runway markings meeting the specifications for the approach with
the lowest minimums authorized for each runway.
(2) Taxiway centerline and edge markings.
(3) Signs identifying taxiing routes on the movement area.
(4) Runway holding position markings and signs.
(5) ILS critical area markings and signs.
(b) Each certificate holder shall provide and maintain, when the
airport is open during hours of darkness or during conditions below VFR
minimums, at least the following lighting systems for air carrier
operations on the airport:
(1) Runway lighting meeting the specifications for the approach with
the lowest minimums authorized for each runway.
(2) One of the following taxiway lighting systems:
(i) Centerline lights.
(ii) Centerline reflectors.
(iii) Edge lights.
(iv) Edge reflectors.
(3) An airport beacon.
(4) Approach lighting meeting the specifications for the approach
with the lowest minimums authorized for each runway, unless otherwise
provided and maintained by the FAA or another agency.
(5) Obstruction marking and lighting, as appropriate, on each object
within its authority which constitutes an obstruction under part 77 of
this chapter. However, this lighting and marking is not required if it
is determined to be unnecessary by an FAA aeronautical study.
(c) Each certificate holder shall properly maintain each marking or
lighting system installed on the airport which is owned by the
certificate holder. As used in this section, to ''properly maintain''
includes: To clean, replace, or repair any faded, missing, or
nonfunctional item of lighting; to keep each item unobscured and
clearly visible; and to ensure that each item provides an accurate
reference to the user.
(d) Each certificate holder shall ensure that all lighting on the
airport, including that for aprons, vehicle parking areas, roadways,
fuel storage areas, and buildings, is adequately adjusted or shielded to
prevent interference with air traffic control and aircraft operations.
(e) FAA Advisory Circulars in the 150 series contain standards and
procedures for equipment, material, installation, and maintenance of
light systems and marking listed in this section which are acceptable to
the Administrator.
(f) Not withstanding paragraphs (a) and (b) of this section, a
certificate holder is not required to provide the identified marking
systems or lighting systems until January 1, 1991. Each certificate
holder shall maintain each marking system and lighting system that meets
paragraphs (a) and (b) of this section.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-15, 53 FR 40843, Oct. 18, 1988)
14 CFR 139.313 Snow and ice control.
(a) Each certificate holder whose airport is located where snow and
icing conditions regularly occur shall prepare, maintain, and carry out
a snow and ice control plan.
(b) The snow and ice control plan required by this section shall
include instructions and procedures for --
(1) Prompt removal or control, as completely as practical, of snow,
ice, and slush on each movement area;
(2) Positioning snow off of movement area surfaces so that all air
crarrier aircraft propellers, engine pods, rotors, and wingtips will
clear any snowdrift and snowbank as the aircraft's landing gear
traverses any full strength portion of the movement area;
(3) Selection and application of approved materials for snow and ice
control to ensure that they adhere to snow and ice sufficiently to
minimize engine ingestion;
(4) Timely commencement of snow and ice control operations; and
(5) Prompt notification, in accordance with 139.339, of all air
carriers using the airport when any portion of the movement area
normally available to them is less than satisfactorily cleared for safe
operation by their aircraft.
(c) FAA Advisory Circulars in the 150 series contain standards for
snow and ice control equipment, materials, and procedures for snow and
ice control which are acceptable to the Administrator.
(Docket No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12,
1988)
14 CFR 139.315 Aircraft rescue and firefighting: Index determination.
(a) An Index is required by paragraph (c) of this section for each
certificate holder. The Index is determined by a combination of --
(1) The length of air carrier aircraft expressed in groups; and
(2) Average daily departures of air carrier aircraft.
(b) For the purpose of Index determination, air carrier aircraft
lengths are grouped as follows:
(1) Index A includes aircraft less than 90 feet in length.
(2) Index B includes aircraft at least 90 feet but less than 126 feet
in length.
(3) Index C includes aircraft at least 126 feet but less than 159
feet in length.
(4) Index D includes aircraft at least 159 feet but less than 200
feet in length.
(5) Index E includes aircraft at least 200 feet in length.
(c) Except as provided in 139.319(c), the Index required by 139.319
is determined as follows:
(1) If there are five or more average daily departures of air carrier
aircraft in a single Index group serving that airport, the longest Index
group with an average of 5 or more daily departures is the Index
required for the airport.
(2) If there are less than five average daily departures of air
carrier aircraft in a single Index group serving that airport, the next
lower Index from the longest Index group with air carrier aircraft in it
is the Index required for the airport. The minimum designated Index
shall be Index A.
14 CFR 139.317 Aircraft rescue and firefighting: Equipment and agents.
The following rescue and firefighting equipment and agents are the
minimum required for the Indexes referred to in 139.315:
(a) Index A: One vehicle carrying at least --
(1) 500 pounds of sodium-based dry chemical or halon 1211; or
(2) 450 pounds of potassium-based dry chemical and water with a
commensurate quantity of AFFF to total 100 gallons, for simultaneous dry
chemical and AFFF foam application.
(b) Index B: Either of the following:
(1) One vehicle carrying at least 500 pounds of sodium-based dry
chemical or halon 1211, and 1,500 gallons of water, and the commensurate
quantity of AFFF for foam production.
(2) Two vehicles --
(i) One vehicle carrying the extinguishing agents as specified in
paragraph (a)(1) or (2) of this section; and
(ii) One vehicle carrying an amount of water and the commensurate
quantity of AFFF so that the total quantity of water for foam production
carried by both vehicles is at least 1,500 gallons.
(c) Index C: Either of the following:
(1) Three vehicles --
(i) One vehicle carrying the extinguishing agents as specified in
paragraph (a)(1) or (2) of this section; and
(ii) Two vehicles carrying an amount of water and the commensurate
quantity of AFFF so that the total quantity of water for foam production
carried by all three vehicles is at least 3,000 gallons.
(2) Two vehicles --
(i) One vehicle carrying the extinguishing agents as specified in
paragraph (b)(1) of this section; and
(ii) One vehicle carrying water and the commensurate quantity of AFFF
so that the total quantity of water for foam production carried by both
vehicles is at least 3,000 gallons.
(d) Index D: Three vehicles --
(1) One vehicle carrying the extinguishing agents as specified in
paragraph (a)(1) or (2) of this section; and
(2) Two vehicles carrying an amount of water and the commensurate
quantity of AFFF so that the total quantity of water for foam production
carried by all three vehicles is at least 4,000 gallons.
(e) Index E: Three vehicles --
(1) One vehicle carrying the extinguishing agents as specified in
paragraph (a)(1) or (2) of this section; and
(2) Two vehicles carrying an amount of water and the commensurate
quantity of AFFF so that the total quantity of water for foam production
carried by all three vehicles is at least 6,000 gallons.
(f) Notwithstanding the provisions of paragraphs (a) through (e) of
this section, any certificate holder whose vehicles met the requirements
of this part for quantity and type of extinguishing agent on December
31, 1987, may comply with the Index requirements of this section by
carrying extinguishing agents to the full capacity of those vehicles.
Whenever any of those vehicles is replaced or rehabilitated, the
capacity of the replacement or rehabilitated vehicle shall be sufficient
to comply with the requirements of the required Index.
(g) Foam discharge capacity. Each aircraft rescue and firefighting
vehicle used to comply with Index B, C, D, or E requirements with a
capacity of at least 500 gallons of water for foam production shall be
equipped with a turret. Vehicle turret discharge capacity shall be as
follows:
(1) Each vehicle with a minimum rated vehicle water tank capacity of
at least 500 gallons but less than 2,000 gallons shall have a turret
discharge rate of at least 500 gallons per minute but not more than
1,000 gallons per minute.
(2) Each vehicle with a minimum rated vehicle water tank capacity of
at least 2,000 gallons shall have a turret discharge rate of at least
600 gallons per minute but not more than 1,200 gallons per minute.
(3) Notwithstanding the requirements of paragraph (g) of this
section, any certificate holder whose aircraft rescue and firefighting
vehicles are not equipped with turrets or do not have the discharge
capacity required in this section, but otherwise met the requirements of
this part on December 31, 1987, need not comply with paragraph (g) of
this section for a particular vehicle until that vehicle is replaced or
rehabilitated.
(h) Dry chemical and halon 1211 discharge capacity. Each aircraft
rescue and firefighting vehicle which is required to carry dry chemical
or halon 1211 for compliance with the index requirements of this section
must meet one of the following minimum discharge rates for the equipment
installed:
(1) Dry chemical or halon 1211 through a hand line, 5 pounds per
second.
(2) Dry chemical or halon 1211 through a turret, 16 pounds per
second.
(i) Extinguishing agent substitutions. The following extinguishing
agent substitutions may be made:
(1) Protein or fluoroprotein foam concentrates may be substituted for
AFFF. When either of these substitutions is selected, the volume of
water to be carried for the substitute foam production shall be
calculated by multiplying the volume of water required for AFFF by the
factor 1.5.
(2) Sodium- or potassium-based dry chemical or halon 1211 may be
substituted for AFFF. Up to 30 percent of the amount of water specified
for AFFF production may be replaced by dry chemical or halon 1211,
except that for airports where such extreme climatic conditions exist
that water is either unmanageable or unobtainable, as in arctic or
desert regions, up to 100 percent of the required water may be replaced
by dry chemical or halon 1211. When this substitution is selected, 12.7
pounds of dry chemical or halon 1211 shall be substituted for each
gallon of water used for AFFF foam production.
(3) Sodium- or potassium-based dry chemical or halon 1211 may be
substituted for protein or fluoroprotein foam. When this substitution
is selected, 8.4 pounds of dry chemical or halon 1211 shall be
substituted for one gallon of water for protein or fluoroprotein foam
production.
(4) AFFF may be substituted for dry chemical or halon 1211. For
airports where meteorological conditions, such as consistently high
winds and precipitation, would frequently prevent the effective use of
dry chemical or halon 1211, up to 50 percent of these agents may be
replaced by water for AFFF production. When this substitution is
selected, one gallon of water for foam production with the commensurate
quantity of AFFF shall be substituted for 12.7 pounds of dry chemical or
halon 1211.
(5) Potassium-based dry chemical may be substituted for sodium-based
dry chemical. Where 500 pounds of sodium-based dry chemical is
specified, 450 pounds of potassium-based dry chemical may be
substituted.
(6) Other extinguishing agent substitutions acceptable to the
Administrator may be made in amounts that provide equivalent
firefighting capability.
(j) In addition to the quantity of water required, each vehicle
required to carry AFFF shall carry AFFF in an appropriate amount to mix
with twice the water required to be carried by the vehicle.
(k) FAA Advisory Circulars in the 150 series contain standards and
procedures for AFFF equipment and agents which are acceptable to the
Administrator.
(52 FR 44282, Nov. 18, 1987; 53 FR 4120 and 4258, Feb. 12, 1988)
14 CFR 139.319 Aircraft rescue and firefighting: Operational
requirements.
(a) Except as provided in paragraph (c) of this section, each
certificate holder shall provide on the airport, during air carrier
operations at the airport, at least the rescue and firefighting
capability specified for the Index required by 139.317.
(b) Increase in Index. Except as provided in paragraph (c) of this
section, if an increase in the average daily departures or the length of
air carrier aircraft results in an increase in the Index required by
paragraph (a) of this section, the certificate holder shall comply with
the increased requirements.
(c) Reduction in rescue and firefighting. During air carrier
operations with only aircraft shorter than the Index aircraft group
required by paragraph (a) of this section, the certificate holder may
reduce the rescue and firefighting to a lower level corresponding to the
Index group of the longest air carrier aircraft being operated.
(d) Any reduction in the rescue and firefighting capability from the
Index required by paragraph (a) of this section in accordance with
paragraph (c) of this section shall be subject to the following
conditions:
(1) Procedures for, and the persons having the authority to
implement, the reductions must be included in the airport certification
manual.
(2) A system and procedures for recall of the full aircraft rescue
and firefighting capability must be included in the airport
certification manual.
(3) The reductions may not be implemented unless notification to air
carriers is provided in the Airport/Facility Directory or Notices to
Airmen (NOTAM), as appropriate, and by direct notification of local air
carriers.
(e) Vehicle communications. Each vehicle required under 139.317
shall be equipped with two-way voice radio communications which provides
for contact with at least --
(1) Each other required emergency vehicle;
(2) The air traffic control tower, if it is located on the airport;
and
(3) Other stations, as specified in the airport emergency plan.
(f) Vehicle marking and lighting. Each vehicle required under
139.317 shall --
(1) Have a flashing or rotating beacon; and
(2) Be painted or marked in colors to enhance contrast with the
background environment and optimize daytime and nighttime visibility and
identification.
(g) FAA Advisory Circulars in the 150 series contain standards for
painting, marking and lighting vehicles used on airports which are
acceptable to the Administrator.
(h) Vehicle readiness. Each vehicle required under 139.317 shall be
maintained as follows:
(1) The vehicle and its systems shall be maintained so as to be
operationally capable of performing the functions required by this
subpart during all air carrier operations.
(2) If the airport is located in a geographical area subject to
prolonged temperatures below 33 degrees Fahrenheit, the vehicles shall
be provided with cover or other means to ensure equipment operation and
discharge under freezing conditions.
(3) Any required vehicle which becomes inoperative to the extent that
it cannot perform as required by 139.319(h)(1) shall be replaced
immediately with equipment having at least equal capabilities. If
replacement equipment is not available immediately, the certificate
holder shall so notify the Regional Airports Division Manager and each
air carrier using the airport in accordance with 139.339. If the
required Index level of capability is not restored within 48 hours, the
airport operator, unless otherwise authorized by the Administrator,
shall limit air carrier operations on the airport to those compatible
with the Index corresponding to the remaining operative rescue and
firefighting equipment.
(i) Response requirements. (1) Each certificate holder, with the
airport rescue and firefighting equipment required under this part and
the number of trained personnel which will assure an effective
operation, shall --
(i) Respond to each emergency during periods of air carrier
operations; and
(ii) When requested by the Administrator, demonstrate compliance with
the response requirements specified in this section.
(2) The response required by paragraph (i)(1)(ii) of this section
shall achieve the following performance:
(i) Within 3 minutes from the time of the alarm, at least one
required airport rescue and firefighting vehicle shall reach the
midpoint of the farthest runway serving air carrier aircraft from its
assigned post, or reach any other specified point of comparable distance
on the movement area which is available to air carriers, and begin
application of foam, dry chemical, or halon 1211.
(ii) Within 4 minutes from the time of alarm, all other required
vehicles shall reach the point specified in paragraph (i)(2)(i) of this
section from their assigned post and begin application of foam, dry
chemical, or halon 1211.
(j) Personnel. Each certificate holder shall ensure the following:
(1) All rescue and firefighting personnel are equipped in a manner
acceptable to the Administrator with protective clothing and equipment
needed to perform their duties.
(2) All rescue and firefighting personnel are properly trained to
perform their duties in a manner acceptable to the Administrator. The
training curriculum shall include initial and recurrent instruction in
at least the following areas:
(i) Airport familiarization.
(ii) Aircraft familiarization.
(iii) Rescue and firefighting personnel safety.
(iv) Emergency communications systems on the airport, including fire
alarms.
(v) Use of the fire hoses, nozzles, turrets, and other appliances
required for compliance with this part.
(vi) Application of the types of extinguishing agents required for
compliance with this part.
(vii) Emergency aircraft evacuation assistance.
(viii) Firefighting operations.
(ix) Adapting and using structural rescue and firefighting equipment
for aircraft rescue and firefighting.
(x) Aircraft cargo hazards.
(xi) Familiarization with firefighters' duties under the airport
emergency plan.
(3) All rescue and firefighting personnel participate in at least one
live-fire drill every 12 months.
(4) After January 1, 1989, at least one of the required personnel on
duty during air carrier operations has been trained and is current in
basic emergency medical care. This training shall include 40 hours
covering at least the following areas:
(i) Bleeding.
(ii) Cardiopulmonary resuscitation.
(iii) Shock.
(iv) Primary patient survey.
(v) Injuries to the skull, spine, chest, and extremities.
(vi) Internal injuries.
(vii) Moving patients.
(viii) Burns.
(ix) Triage.
(5) Sufficient rescue and firefighting personnel are available during
all air carrier operations to operate the vehicles, meet the response
times, and meet the miminum agent discharge rates required by this part;
(6) Procedures and equipment are established and maintained for
alerting rescue and firefighting personnel by siren, alarm, or other
means acceptable to the Administrator, to any existing or impending
emergency requiring their assistance.
(k) Emergency access roads. Each certificate holder shall ensure
that roads which are designated for use as emergency access roads for
aircraft rescue and firefighting vehicles are maintained in a condition
that will support those vehicles during all-weather conditions.
(Docket No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12,
1988, as amended by Amdt. 139-15, 53 FR 40843, Oct. 18, 1988; Amdt.
139-16, 54 FR 39295, Sept. 25, 1989)
14 CFR 139.321 Handling and storing of hazardous substances and
materials.
(a) Each certificate holder which acts as a cargo handling agent
shall establish and maintain procedures for the protection of persons
and property on the airport during the handling and storing of any
material regulated by the Hazardous Materials Regulations (49 CFR part
171, et seq.), that is, or is intended to be, transported by air. These
procedures shall provide for at least the following:
(1) Designated personnel to receive and handle hazardous substances
and materials.
(2) Assurance from the shipper that the cargo can be handled safely,
including any special handling procedures required for safety.
(3) Special areas for storage of hazardous materials while on the
airport.
(b) Each certificate holder shall establish and maintain standards
acceptable to the Administrator for protecting against fire and
explosions in storing, dispensing, and otherwise handling fuel,
lubricants, and oxygen (other than articles and materials that are, or
are intended to be, aircraft cargo) on the airport. These standards
shall cover facilities, procedures, and personnel training and shall
address at least the following:
(1) Grounding and bonding.
(2) Public protection.
(3) Control of access to storage areas.
(4) Fire safety in fuel farm and storage areas.
(5) Fire safety in mobile fuelers, fueling pits, and fueling
cabinets.
(6) After January 1, 1989, training of fueling personnel in fire
safety in accordance with paragraph (e) of this section.
(7) The fire code of the public body having jurisdiction over the
airport.
(c) Each certificate holder shall, as a fueling agent, comply with
and, except as provided in paragraph (h) of this section, require all
other fueling agents operating on the airport to comply with the
standards established under paragraph (b) of this section and shall
perform reasonable surveillance of all fueling activities on the airport
with respect to those standards.
(d) Each certificate holder shall inspect the physical facilities of
each airport tenant fueling agent at least once every 3 months for
compliance with paragraph (b) of this section and maintain a record of
that inspection for at least 12 months. The certificate holder may use
an independent organization to perform this inspection if --
(1) It is acceptable by the Administrator; and
(2) It prepares a record of its inspection sufficiently detailed to
assure the certificate holder and the FAA that the inspection is
adequate.
(e) The training required in paragraph (b)(6) of this section shall
include at least the following:
(1) At least one supervisor with each fueling agent shall have
completed an aviation fuel training course in fire safety which is
acceptable to the Administrator.
(2) All other employees who fuel aircraft, accept fuel shipments, or
otherwise handle fuel shall receive at least on-the-job training in fire
safety from the supervisor trained in accordance with paragraph (e)(1)
of this section.
(f) Each certificate holder shall obtain certification once a year
from each airport tenant fueling agent that the training required by
paragraph (e) of this section has been accomplished.
(g) Unless otherwise authorized by the Administrator, each
certificate holder shall require each tenant fueling agent to take
immediate corrective action whenever the certificate holder becomes
aware of noncompliance with a standard required by paragraph (b) of this
section. The certificate holder shall notify the appropriate FAA
Regional Airports Division Manager immediately when noncompliance is
discovered and corrective action cannot be accomplished within a
reasonable period of time.
(h) A certificate holder need not require an air carrier operating
under part 121 or part 135 of this chapter to comply with the standards
required by this section.
(i) FAA Advisory Circulars in the 150 Series contain standards and
procedures for the handling and storage of hazardous substances and
materials which are acceptable to the Administrator.
(52 FR 44282, Nov. 18, 1987; 53 FR 4120, Feb. 12, 1988, as amended
by Amdt. 139-15, 53 FR 40843, Oct. 18, 1988; Amdt. 139-16, 54 FR 39295,
Sept. 25, 1989)
14 CFR 139.323 Traffic and wind direction indicators.
Each certificate holder shall provide the following on its airport:
(a) A wind cone that provides surface wind direction information
visually to pilots. For each airport in a terminal control area,
supplemental wind cones shall be installed at each runway end or at
least at one point visible to the pilot while on final approach and
prior to takeoff. If the airport is open for air carrier operations
during hours of darkness, the wind direction indicators must be lighted.
(b) For airports serving any air carrier operation when there is no
control tower operating, a segmented circle around one wind cone and a
landing strip and traffic pattern indicator for each runway with a
right-hand traffic pattern.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-18, 56 FR 65664, Dec. 17, 1991)
Effective Date Note: By Amdt. 139-18, 56 FR 65664, Dec. 17, 1991,
139.323 was amended by revising paragraph (a), effective September 16,
1993. For the convenience of the user, the revised text follows.
139.323 Traffic and wind direction indicators.
(a) A wind cone that provides surface wind direction information
visually to pilots. For each airport in a Class B airspace area,
supplemental wind cones must be installed at each runway end or at least
at one point visible to the pilot while on final approach and prior to
takeoff. If the airport is open for air carrier operations during hours
of darkness, the wind direction indicators must be lighted.
14 CFR 139.325 Airport emergency plan.
(a) Each certificate holder shall develop and maintain an airport
emergency plan designed to minimize the possibility and extent of
personal injury and property damage on the airport in an emergency. The
plan must include --
(1) Procedures for prompt response to all of the emergencies listed
in paragraph (b) of this section, including a communications network;
and
(2) Sufficient detail to provide adequate guidance to each person who
must implement it.
(b) The plan required by this section must contain instructions for
response to --
(1) Aircraft incidents and accidents;
(2) Bomb incidents, including designated parking areas for the
aircraft involved;
(3) Structural fires;
(4) Natural disaster;
(5) Radiological incidents;
(6) Sabotage, hijack incidents, and other unlawful interference with
operations;
(7) Failure of power for movement area lighting; and
(8) Water rescue situations.
(c) The plan required by this section must address or include --
(1) To the extent practicable, provisions for medical services
including transportation and medical assistance for the maximum number
of persons that can be carried on the largest air carrier aircraft that
the airport reasonably can be expected to serve;
(2) The name, location, telephone number, and emergency capability of
each hospital and other medical facility, and the business address and
telephone number of medical personnel on the airport or in the
communities it serves, agreeing to provide medical assistance or
transportation;
(3) The name, location, and telephone number of each rescue squad,
ambulance service, military installation, and government agency on the
airport or in the communities it serves, that agrees to provide medical
assistance or transportation;
(4) An inventory of surface vehicles and aircraft that the
facilities, agencies, and personnel included in the plan under
paragraphs (c)(2) and (c)(3) of this section will provide to transport
injured and deceased persons to locations on the airport and in the
communities it serves;
(5) Each hangar or other building on the airport or in the
communities it serves that will be used to accommodate uninjured,
injured, and deceased persons;
(6) Crowd control, specifying the name and location of each safety or
security agency that agrees to provide assistance for the control of
crowds in the event of an emergency on the airport; and
(7) The removal of disabled aircraft including to the extent
practical the name, location and telephone numbers of agencies with
aircraft removal responsibilities or capabilities.
(d) The plan required by this section must provide for --
(1) The marshalling, transportation, and care of ambulatory injured
and uninjured accident survivors;
(2) The removal of disabled aircraft;
(3) Emergency alarm systems; and
(4) Coordination of airport and control tower functions relating to
emergency actions.
(e) The plan required by this section shall contain procedures for
notifying the facilities, agencies, and personnel who have
responsibilities under the plan of the location of an aircraft accident,
the number of persons involved in that accident, or any other
information necessary to carry out their responsibilities, as soon as
that information is available.
(f) The plan required by this section shall contain provisions, to
the extent practicable, for the rescue of aircraft accident victims from
significant bodies of water or marsh lands adjacent to the airport which
are crossed by the approach and departure flight paths of air carriers.
A body of water or marsh land is significant if the area exceeds
one-quarter square mile and cannot be traversed by conventional land
rescue vehicles. To the extent practicable, the plan shall provide for
rescue vehicles with a combined capacity for handling the maximum number
of persons that can be carried on board the largest air carrier aircraft
that the airport reasonably can be expected to serve.
(g) Each certificate holder shall --
(1) Coordinate its plan with law enforcement agencies, rescue and
fire fighting agencies, medical personnel and organizations, the
principal tenants at the airport, and all other persons who have
responsibilities under the plan;
(2) To the extent practicable, provide for participation by all
facilities, agencies, and personnel specified in paragraph (g)(1) of
this section in the development of the plan;
(3) Ensure that all airport personnel having duties and
responsibilities under the plan are familiar with their assignments and
are properly trained;
(4) At least once every 12 months, review the plan with all of the
parties with whom the plan is coordinated as specified in paragraph
(g)(1) of this section, to ensure that all parties know their
responsibilities and that all of the information in the plan is current;
and
(5) Hold a full-scale airport emergency plan exercise at least once
every 3 years.
(h) FAA Advisory Circulars in the 150 Series contain standards and
procedures for the development of an airport emergency plan which are
acceptable to the Administrator.
(52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12, 1988)
14 CFR 139.327 Self-inspection program.
(a) Each certificate holder shall inspect the airport to assure
compliance with this subpart --
(1) Daily, except as otherwise required by the airport certification
manual or airport certification specifications;
(2) When required by any unusual condition such as construction
activities or meteorological conditions that may affect safe air carrier
operations; and
(3) Immediately after an accident or incident.
(b) Each certificate holder shall provide the following:
(1) Equipment for use in conducting safety inspections of the
airport;
(2) Procedures, facilities, and equipment for reliable and rapid
dissemination of information between airport personnel and its air
carriers;
(3) Procedures to ensure that qualified inspection personnel perform
the inspections; and
(4) A reporting system to ensure prompt correction of unsafe airport
conditions noted during the inspection.
(c) Each certificate holder shall prepare and keep for at least 6
months, and make available for inspection by the Administrator on
request, a record of each inspection prescribed by this section, showing
the conditions found and all corrective actions taken.
(d) FAA Advisory Circulars in the 150 series contain standards and
procedures for the conduct of airport self-inspections which are
acceptable to the Administrator.
(52 FR 44282, Nov. 18, 1987; 53 FR 4120, Feb. 12, 1988)
14 CFR 139.329 Ground vehicles.
Each certificate holder shall --
(a) Limit access to movement areas and safety areas only to those
ground vehicles necessary for airport operations;
(b) Establish and implement procedures for the safe and orderly
access to, and operation on, the movement area and safety areas by
ground vehicles, including provisions identifying the consequences of
noncompliance with the procedures by an employee, tenant, or contractor;
(c) When an air traffic control tower is in operation, ensure that
each ground vehicle operating on the movement area is controlled by one
of the following:
(1) Two-way radio communications between each vehicle and the tower,
(2) An escort vehicle with two-way radio communications with the
tower to accompany any vehicle without a radio, or
(3) Measures acceptable to the Administrator for controlling
vehicles, such as signs, signals, or guards, when it is not
operationally practical to have two-way radio communications with the
vehicle or an escort vehicle;
(d) When an air traffic control tower is not in operation, provide
adequate procedures to control ground vehicles on the movement area
through prearranged signs or signals;
(e) Ensure that each employee, tenant, or contractor who operates a
ground vehicle on any portion of the airport that has access to the
movement area is familiar with the airport's procedures for the
operation of ground vehicles and the consequences of noncompliance; and
(f) On request by the Administrator, make available for inspection
any record of accidents or incidents on the movement areas involving air
carrier aircraft and/or ground vehicles.
(Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt.
139-17, 55 FR 48214, Nov. 19, 1990)
14 CFR 139.331 Obstructions.
Each certificate holder shall ensure that each object in each area
within its authority which exceeds any of the heights or penetrates the
imaginary surfaces described in part 77 of this chapter is either
removed, marked, or lighted. However, removal, marking, and lighting is
not required if it is determined to be unnecessary by an FAA
aeronautical study.
14 CFR 139.333 Protection of navaids.
Each certificate holder shall --
(a) Prevent the construction of facilities on its airport that, as
determined by the Administrator, would derogate the operation of an
electronic or visual navaid and air traffic control facilities on the
airport;
(b) Protect, or if the owner is other than the certificate holder,
assist in protecting, all navaids on its airport against vandalism and
theft; and
(c) Prevent, insofar as it is within the airport's authority,
interruption of visual and electronic signals of navaids.
14 CFR 139.335 Public protection.
(a) Each certificate holder shall provide --
(1) Safeguards acceptable to the Administrator to prevent inadvertent
entry to the movement area by unauthorized persons or vehicles; and
(2) Reasonable protection of persons and property from aircraft
blast.
(b) Fencing meeting the requirements of part 107 of this chapter in
areas subject to that part is acceptable for meeting the requirements of
paragraph (a)(1) of this section.
14 CFR 139.337 Wildlife hazard management.
(a) Each certificate holder shall provide for the conduct of an
ecological study, acceptable to the Administrator, when any of the
following events occurs on or near the airport:
(1) An air carrier aircraft experiences a multiple bird strike or
engine ingestion.
(2) An air carrier aircraft experiences a damaging collision with
wildlife other than birds.
(3) Wildlife of a size or in numbers capable of causing an event
described in paragraph (a) (1) or (2) of this section is observed to
have access to any airport flight pattern or movement area.
(b) The study required in paragraph (a) of this section shall contain
at least the following:
(1) Analysis of the event which prompted the study.
(2) Identification of the species, numbers, locations, local
movements, and daily and seasonal occurrences of wildlife observed.
(3) Identification and location of features on and near the airport
that attract wildlife.
(4) Description of the wildlife hazard to air carrier operations.
(c) The study required by paragraph (a) of this section shall be
submitted to the Administrator, who determines whether or not there is a
need for a wildlife hazard management plan. In reaching this
determination, the Administrator considers --
(1) The ecological study;
(2) The aeronautical activity at the airport;
(3) The views of the certificate holder;
(4) The views of the airport users; and
(5) Any other factors bearing on the matter of which the
Administrator is aware.
(d) When the Administrator determines that a wildlife hazard
management plan is needed, the certificate holder shall formulate and
implement a plan using the ecological study as a basis. The plan shall
--
(1) Be submitted to, and approved by, the Administrator prior to
implementation; and
(2) Provide measures to alleviate or eliminate wildlife hazards to
air carrier operations.
(e) The plan shall include at least the following:
(1) The persons who have authority and responsibility for
implementing the plan.
(2) Priorities for needed habitat modification and changes in land
use identified in the ecological study, with target dates for
completion.
(3) Requirements for and, where applicable, copies of local, state,
and Federal wildlife control permits.
(4) Identification of resources to be provided by the certificate
holder for implementation of the plan.
(5) Procedures to be followed during air carrier operations,
including at least --
(i) Assignment of personnel responsibilities for implementing the
procedures;
(ii) Conduct of physical inspections of the movement area and other
areas critical to wildlife hazard management sufficiently in advance of
air carrier operations to allow time for wildlife controls to be
effective;
(iii) Wildlife control measures; and
(iv) Communication between the wildlife control personnel and any air
traffic control tower in operation at the airport.
(6) Periodic evaluation and review of the wildlife hazard management
plan for --
(i) Effectiveness in dealing with the wildlife hazard; and
(ii) Indications that the existence of the wildlife hazard, as
previously described in the ecological study, should be reevaluated.
(7) A training program to provide airport personnel with the
knowledge and skills needed to carry out the wildlife hazard management
plan required by paragraph (d) of this section.
(f) Notwithstanding the other requirements of this section, each
certificate holder shall take immediate measures to alleviate wildlife
hazards whenever they are detected.
(g) FAA Advisory Circulars in the 150 series contain standards and
procedures for wildlife hazard management at airports which are
acceptable to the Administrator.
14 CFR 139.339 Airport condition reporting.
(a) Each certificate holder shall provide for the collection and
dissemination of airport condition information to air carriers.
(b) In complying with paragraph (a) of this section, the certificate
holder shall utilize the NOTAM system and, as appropriate, other systems
and procedures acceptable to the Administrator.
(c) In complying with paragraph (a) of this section, the certificate
holder shall provide information on the following airport conditions
which may affect the safe operations of air carriers:
(1) Construction or maintenance activity on movement areas, safety
areas, or loading ramps and parking areas.
(2) Surface irregularities on movement areas or loading ramps and
parking areas.
(3) Snow, ice, slush, or water on the movement area or loading ramps
and parking areas.
(4) Snow piled or drifted on or near movement areas contrary to
139.313.
(5) Objects on the movement area or safety areas contrary to
139.309.
(6) Malfunction of any lighting system required by 139.311.
(7) Unresolved wildlife hazards as identified in accordance with
139.337.
(8) Nonavailability of any rescue and firefighting capability
required in 139.317 and 139.319.
(9) Any other condition as specified in the airport certification
manual or airport certification specifications, or which may otherwise
adversely affect the safe operations of air carriers.
(d) FAA Advisory Circulars in the 150 series contain standards and
procedures for using the NOTAM system for dissemination of airport
information which are acceptable to the Administrator.
(52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12, 1988)
14 CFR 139.341 Identifying, marking, and reporting construction and
other unserviceable areas.
(a) Each certificate holder shall --
(1) Mark and, if appropriate, light in a manner acceptable to the
Administrator --
(i) Each construction area and unserviceable area which is on or
adjacent to any movement area or any other area of the airport on which
air carrier aircraft may be operated;
(ii) Each item of construction equipment and each construction
roadway, which may affect the safe movement of aircraft on the airport;
and
(iii) Any area adjacent to a navaid that, if traversed, could cause
derogation of the signal or the failure of the navaid, and
(2) Provide procedures, such as a review of all appropriate utility
plans prior to construction, for avoiding damage to existing utilities,
cables, wires, conduits, pipelines, or other underground facilities.
(b) FAA Advisory Circulars in the 150 series contain standards and
procedures for identifying and marking construction areas which are
acceptable to the Administrator.
14 CFR 139.343 Noncomplying conditions.
Unless otherwise authorized by the Administrator, whenever the
requirements of subpart D of this part cannot be met to the extent that
uncorrected unsafe conditions exist on the airport, the certificate
holder shall limit air carrier operations to those portions of the
airport not rendered unsafe by those conditions.
14 CFR 139.343 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Tables
List of CFR Sections Affected
Title 14 -- Aeronautics and Space
Material Approved for Incorporation by Reference
Material Approved for Incorporation by Reference
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
14 CFR 139.343 14 CFR CHAPTER I (PARTS 60-139)
American Society for Testing and Materials
1916 Race Street, Philadelphia, Pennsylvania 19103
ASTM F792-82 Design and use of Ionizing Radiation Equipment for the
Detection of Items Prohibited in Controlled Access Areas 108.17; 129.26
Federal Aviation Administration, Department of Transportation
Document Inspection Facility, APA-220, 800 Independence Avenue, SW.,
Washington, DC 20591 (202) 267-3484
FAA Order 7400-7, Compilation of Regulations, effective Nov. 1, 1991
(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) 71.1
Standard Instrument Approach Procedures (SIAPS) Part 97
Technical Standard Orders:
TSO-C10b, Aircraft Altimeter, Pressure, Activated, Sensitive Type
(Sept. 1, 1959) 91.36; 127.103
TSO-C74, Airborne ATC Transponder Equipment (Feb. 20, 1973) 91.24;
121.345; 127.123; 135.145
TSO-C88, Automatic Pressure Altitude Digitizer Equipment (Feb. 10,
1967) 91.36; 127.103
TSO-C91, Emergency Locator Transmitters (Oct. 21, 1971) 91.52;
121.339; 121.353; 135.167
TSO-92B, Ground Proximity Warning-Glede Slope Deviation Alerting
Equipment (Aug. 19, 1976) 121.360
International Civil Aviation Organization
Attention: Distribution Officer, P.O. Box 400, Succursale: Place de
l'Aviation Internationale, 1000 Sherbrooke St. West, Montreal, Quebec,
Canada, H3A 2R2
Annex 2 to the Convention on International Civil Aviation, Rules of
the Air, 6th Ed. (1970), with amendments through Amendment 20 (Aug.
1976) 91.1 and 135.3(b)
Pratt & Whitney Aircraft Co.
400 E. Main St., East Hartford, CT 06108
Engineering Change No. 197707 Part 91, SFAR 27, Sec. 14(b).
Service Bulletin 2417 Part 91, SFAR 27, Sec. 14(b).
Service Bulletin 2531 Part 91, SFAR 27, Sec. 14(b).
Radio Technical Commission for Aeronautics (RTCA)
2000 K St., NW., Washington, D.C. 20006
RTCA Paper 23-63/DO-117 (Mar. 14, 1963) Standard Adjustment Criteria
for Airborne Localizer and Glide Slope Receivers 91, Appendix A, Para
3(a)
Chap.
14 CFR 139.343 Table of CFR Titles and Chapters
14 CFR 139.343 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
14 CFR 139.343 Title 2 -- (Reserved)
14 CFR 139.343 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
14 CFR 139.343 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
III General Accounting Office (CASB) (Parts 300 -- 499)
14 CFR 139.343 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Council (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
14 CFR 139.343 Title 6 -- (Reserved)
14 CFR 139.343 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
14 CFR 139.343 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
14 CFR 139.343 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
14 CFR 139.343 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
14 CFR 139.343 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
14 CFR 139.343 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
14 CFR 139.343 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
14 CFR 139.343 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
14 CFR 139.343 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
14 CFR 139.343 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
14 CFR 139.343 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
14 CFR 139.343 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
14 CFR 139.343 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
14 CFR 139.343 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
14 CFR 139.343 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
14 CFR 139.343 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
14 CFR 139.343 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
14 CFR 139.343 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
14 CFR 139.343 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
14 CFR 139.343 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
14 CFR 139.343 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
14 CFR 139.343 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
14 CFR 139.343 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200-1299)
XII Federal Mediation and Conciliation Service (Parts 1400-1499)
XIV Equal Employment Opportunity Commission (Parts 1600-1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
14 CFR 139.343 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
14 CFR 139.343 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
14 CFR 139.343 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200-1299)
XVI Selective Service System (Parts 1600-1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
14 CFR 139.343 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
14 CFR 139.343 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
14 CFR 139.343 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
14 CFR 139.343 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900-999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
14 CFR 139.343 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400-499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
14 CFR 139.343 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
14 CFR 139.343 Title 39 -- Postal Service
I United States Postal Service (Parts 1-999)
III Postal Rate Commission (Parts 3000 -- 3099)
14 CFR 139.343 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500-1599)
14 CFR 139.343 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
14 CFR 139.343 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
14 CFR 139.343 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
14 CFR 139.343 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
14 CFR 139.343 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Family Support
Administration, Department of Health and Human Services (Parts 200 --
299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Family Support Administration, Department of Health and Human
Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Family Support Administration,
Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Family Support Administration,
Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XX Commission on the Bicentennial of the United States Constitution
(Parts 2000 -- 2099)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (2200 --
2299)
14 CFR 139.343 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
14 CFR 139.343 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
14 CFR 139.343 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900-9999)
14 CFR 139.343 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Urban Mass Transportation Administration, Department of
Transportation (Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
14 CFR 139.343 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
14 CFR 139.343 CFR Index and Finding Aids Subject/Agency Index
List of Agency Prepared Indexes Parallel Tables of Statutory Authorities
and Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
14 CFR 139.343 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Reduction in Meeting and Training Allowance Payments 41, 304
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Office of Navajo and Hopi Indian Relocation 25, IV
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
14 CFR 139.343 14 CFR (1-1-92 Edition)
14 CFR 139.343 Redesignation Tables
14 CFR 139.343
14 CFR 139.343
14 CFR 139.343 Redesignation Table 1
At 54 FR 34291, Aug. 18, 1989, part 91 was amended, effective Aug.
18, 1990.
The following tables show the relationship between the former
sections and the new sections in the part.
At 56 FR 65651, Dec. 17, 1991, part 71, subpart M was added by
redesignating sections from old part 75.
The following tables show the relationship between the former
sections and the new sections in the subpart.
To identify where existing regulations for part 71 are relocated in
the rule to be effective September 16, 1993, or if the regulations will
be relocated in FAA Order 7400.9, the following cross reference lists
are provided:
14 CFR 139.343 14 CFR (1-1-92 Edition)
14 CFR 139.343 List of CFR Sections Affected
14 CFR 139.343 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven
separate volumes.
14 CFR 139.343 1986
14 CFR
51 FR
Page
Chapter I
61 Authority citation revised 1229
Authority citation revised; section authority citations removed
40703
61.3 (f)(2) and (g) amended; eff. 1-6-87 40703
61.16 Revised 1229
61.21 Amended; eff. 1-6-87 40703
61.55 Heading, (a) introductory text and (b) introductory text, (1),
(2) (i) and (ii), and (d) (1) through (3) revised; eff. 1-6-87 40703
61.57 Flush text following (a)(2), (e) (1) and (2) amended; (a)
introductory text revised; eff. 1-6-87 40703
61.67 Amended; eff. 1-6-87 40703
61.87 (c)(2) (v), (vi) and (vii) redesignated as (c)(2) (vi), (vii)
and (viii); (c)(2) heading, (ii), and new (viii) and (3) revised;
(c)(2)(v) added; eff. 1-6-87 40703
61.105 (a) revised; (b) removed; (c), (d) and (e) redesignated as
(b), (c) and (d); eff. 1-6-87 40703
61.107 (b) (4), (5) and (6) revised; (b)(7) added; eff. 1-6-87
40704
61.113 Revised; eff. 1-6-87 40704
61.125 (b) (3) and (4) amended; (b)(5) added; eff. 1-6-87 40704
61.127 (b)(7) amended; (b) (5) and (8) revised; (b)(9) added; eff.
1-6-87 40704
61.131 Revised; eff. 1-6-87 40704
61.159 Revised; eff. 1-6-87 40705
61.161 Revised; eff. 1-6-87 40705
61.163 Revised; eff. 1-6-87 40705
61.165 (b) removed; (c) redesignated as (b); (a) introductory text
and new (b) introductory text revised; eff. 1-6-87 40705
61 Appendix A heading revised; Appendix B added; eff. 1-6-87 40705
63 Authority citation revised 1229
63.12a Revised 1229
71 Authority citation corrected 21746
71.18 Eff. 2-12-87 43875
71.40 Eff. 2-12-87 43584
71.123 7,
8, 191, 738, 2682, 6904, 7251, 8194, 8195, 15761, 16295, 17326,
24814, 28924, 29631, 30333, 30334, 31097, 37714, 37716, 37905, 39650
Effective date corrected 7, 6102, 6103
Corrected 2352, 6904, 10365
Technical correction 3168, 33591
Cancellation 5989
(51 FR 24814) eff. date deferred to 2-12-87 27167
Eff. 2-12-87 46604,
46606-46608, 46610, 47218
71.125 17461, 17464
71.127 23735
Effective date corrected 6103
Eff. 2-12-87 46605
71.151 24650, 36799
Eff. 2-12-87 44597, 46609
71.163 39518, 39519
Corrected 9
71.171 190,
1248, 1249, 5515, 13487, 15465, 15604, 16674, 17463, 19054, 19056,
19057, 19326, 19826, 22064, 22798, 22799, 22928, 23220, 25193, 25522,
27018, 27169, 30055, 33591, 33741, 39856, 41613
Corrected 6218, 6395
Technical correction 42206
Eff. 2-12-87 42207,
43180, 44048, 47217
71.181 6,
190, 340, 341, 2351, 3328, 3944, 4590, 4705, 4893, 5161, 5313, 5314,
5988, 7058-7060, 7770, 9648, 10539, 10825, 11426, 11427, 11715, 11716,
12694, 12837, 15310, 15464, 15603, 16674, 17325, 17462, 17463, 18437,
18578, 18773, 19054-19057, 20801-20803, 21517, 21902, 22064, 22797,
22799, 26234, 27834, 27835, 28068, 28325, 28326, 28529, 30055, 33740,
33741, 34583, 35209, 37001, 37392, 37714-37716, 40971
Corrected 6218,
6395, 7059, 12512, 27168, 29460, 43343
Effective date corrected 6395
Eff. 2-12-87 35504,
35505, 40156, 42207, 43180, 44049, 45308, 45309, 45758, 47215
Eff. 4-9-87 45759, 47216
71.187 24517
71.203 Effective date corrected 6103
Eff. 2-12-87 47218
71.207 9
Effective date corrected 6104
Eff. 2-12-87 47218
71.401 19750
71.501 4879,
11892, 16617, 19496, 24109, 26979, 37261, 41744
Corrected 2351,
3764, 8195, 11564, 16510, 17927, 21746, 40410
Eff. in part 4-9-87 8291
Technical correction 15760, 17325, 43709
Eff. 1-15-87 44981
73.22 24650
73.25 12513, 36799
73.29 9000
73.32 7060
73.36 23409
73.41 17616
73.42 7061
73.45 Eff. 2-12-87 46609
73.48 738
73.52 19326
73.57 Eff. 2-12-87 46611
73.58 39650
73.60 2683
73.64 191, 23409
73.66 39519
73.67 Eff. 2-12-87 46611
73.69 Eff. 2-12-87 44597
73.93 30209
Corrected 33591
75.100 10,
2683, 7062, 8195, 9000, 15310, 16295, 17464, 21904, 23735, 30335,
31098, 37717, 37905
Effective date corrected 6104, 21906
Corrected 16814
(51 FR 21904) effective date suspended 28809
(51 FR 15310) effective date suspended 28810
Corrected; eff. date corrected to 10-23-86 30630
Eff. date corrected to 10-23-86 30631
Technical correction 30855, 33591
Eff. 2-12-87 46610,
46612, 46613, 47218, 47219
91 Authority citation revised 1229
Special FAA Reg. 27-5 amended 10613
Authority citation revised; section authority citations removed
40707
Authority citation revised; authority citation following SFAR 47
removed; Special FAA Reg. 47 amended by Special FAA Reg. 47-1 47220
91.2 Amended; eff. 1-6-87 40707
91.11 (c) revised 1229
91.23 (a)(3) revised; eff. 1-6-87 40707
91.102 Revised 31098
91.116 Heading and (f)(1) revised; (f) introductory text amended;
(f)(3) added; eff. 1-6-87 40707
91.171 (a), (b)(1) and (2)(iv), and (d) amended; eff. 1-6-87 40707
91 Appendix C technical correction 4894
Appendix A amended; eff. 1-6-87 40707
93 Special FAA Reg. 48 added 8639
Meeting 9767
Authority citation revised 43586
93.53 Introductory text amended 18311
93.55 (a) and (b) amended 18312
93.61 (c) removed 18312
Correctly designated 19164
93.124 Removed 43586
93.141 -- 93.145 (Subpart L) Removed 25030
93.195 Revised 18310
93.197 (a) amended 18310
93.211 -- 93.229 (Subpart S) Technical correction 2873
93.213 (a) (3) and (4) added 21717
93.215 (c) and (d) redesignated as (d) and (e); new (c) added 21717
93.217 Revised 21717
93.221 (a)(5) amended; (d) revised 21718
93.223 (f) revised 21718
93.225 (e) and (h) revised 21718
93.226 Added 21718
93.227 (i) revised; (j) and (k) added 21718
93.251 -- 93.253 (Subpart T) Added 43587
95 4707,
12695, 16816, 23525, 31320, 37393, 42828
97.21 -- 97.35 342,
2353, 4159, 6396, 7063, 8794, 11565, 12514, 15605, 17327, 18878,
20957, 23044, 24651, 26235, 28327, 29632, 31322, 32783, 34584, 36800,
37906, 40972, 42832
Eff. in part 1-15-87 and 2-12-87 43876, 47221
105 Authority citation revised 21907
105.21 Heading and (a) revised 21907
105.25 (a)(4) revised 21907
107 Authority citation revised 1352
107.20 Added 1352
107.21 Heading and (a) introductory text revised; (b)(2) amended
1352
107.23 (b)(1) amended 1352
108 Authority citation revised 1352
108.1 Revised 1352
108.9 (a) amended 1352
108.11 (c) amended 1352
108.19 (a) amended 1352
108.27 Eff. 12-12-86 44875
121 Authority citation revised 1223
Special FAA Reg. 38 amended 17275
121.309 (d) revised 1223
121.312 (a) revised 26221
121.417 (b)(3)(iv) revised 1223
121.715 Added 1223
121 Appendix A amended 1223
125 Authority citation revised; section authority citations removed
873
Special FAA Reg. 38 amended 17275
125.1 (e) amended 873
127 Special FAA Reg. 38 amended 17275
129 Special FAA Reg. 38 amended 17275
133 Authority citation revised; section authority citations removed
40707
133.1 (b) revised; (c) and (d) added; eff. 1-6-87 40707
133.11 (b) revised; eff. 1-6-87 40707
133.13 Amended; eff. 1-6-87 40707
133.21 Heading and (b) revised; (c) added; eff. 1-6-87 40707
133.23 (b)(5) added; (c) introductory text revised; (c)(6)
introductory text removed; (c)(6)(i) amended; (c)(6) (i) and (ii)
redesignated as (c) (6) and (7); eff. 1-6-87 40707
133.25 Existing text designated as (a) and amended; (b) added; eff.
1-6-87 40707
133.27 (a) revised; eff. 1-6-87 40708
133.31 Revised; eff. 1-6-87 40708
133.33 Redesignated as 133.39; new 133.33 added; eff. 1-6-87 40708
133.35 Added; eff. 1-6-87 40708
133.37 Added; eff. 1-6-87 40708
133.39 Redesignated from 133.33; eff. 1-6-87 40708
133.41 (a) amended; (c) introductory text and (5) revised; eff.
1-6-87 40709
133.45 (a) removed; (b), (c), (d) and (e) redesignated as (a), (b),
(c) and (d); new (e) added; eff. 1-6-87 40709
133.47 (c)(2) revised; eff. 1-6-87 40709
133.51 Revised; eff. 1-6-87 40709
135 Special FAA Reg. 38 amended 17275
Authority citation revised; section authority citations removed
40709
135.1 (b)(4)(vi) revised; eff. 1-6-87 40709
135.23 (a) revised; eff. 1-6-87 40709
135.39 (b)(2)(i) revised; eff. 1-6-87 40709
135.117 (c) revised; (d), (e) and (f) added; eff. 1-6-87 40709
135.159 (a) through (f) revised; (g) and (h) added; eff. 1-6-87
40709
135.167 (b) redesignated as (c); (a) (1) and (2) revised; new (b)
added; eff. 1-6-87 40710
135.173 (b), (c), (d) and (e) redesignated as (c), (d), (e) and (f);
new (c) amended; (a) revised; new (b) added; eff. 1-6-87 40710
135.181 (b) and (c) redesignated as (c) and (d); new (b) added;
eff. 1-6-87 40710
135.223 (a)(3) revised; eff. 1-6-87 40710
135.227 (c) and (d) redesignated as (d) and (e); new (e) amended;
new (c) added; eff. 1-6-87 40710
135.429 (d) redesignated as (e); new (d) added; eff. 1-6-87 40710
14 CFR 139.343 1987
14 CFR
52 FR
Page
Chapter I
61.107 (d)(1) and (f)(1) revised 17277
61.113 (a), (b) and (c) amended; (d) and (e) added 4846
61.127 (f)(1) revised 17277
61.131 (a) and (b) amended; (c) and (d) added 4847
65 Authority citation revised; section authority citations removed
17518
65.31 (c) revised 17518
65.33 (d) revised 17519
65.49 (a) revised 17519
67.20 Enforcement policy 41557
71.123 4130,
4893, 5948, 8243, 11033, 17552, 18903, 21248, 27329, 27789, 28685,
28687, 38749-38750, 38910, 38912, 38913, 39619, 39621-39623, 39625,
39626, 46997
Corrected 3079,
7262, 38752, 42273
Eff. 1-14-88 39905,
42273, 42274, 43056, 44380, 44382, 47676
71.125 21247
71.127 Corrected 3079
71.151 5078,
11034, 21247, 21500, 28686
Technical correction 7370
Eff. 1-14-88 38752
71.171 525,
775, 2219, 5439, 9122, 10045, 11816, 15710, 15711, 19133, 21499,
23429, 28685, 28819, 31386, 31387, 31983, 31984, 32537, 37440
Corrected 19132,
33680, 33919, 34457, 41532
Eff. 1-14-88 29507,
31384, 31385, 36230, 37441, 38751
Eff. 3-10-88 44595,
46740, 46742, 48191
71.181 526,
1626, 3601, 4282, 5439, 5440, 6136, 6137, 6778, 7406, 7407, 8243,
8874, 10559, 11816, 15710-15713, 17553, 17938, 18551, 19132, 19837,
20703, 21246, 21499, 22631, 23429, 23430, 26141, 28685, 28819, 28820,
31387, 31388, 31614, 31985, 32537, 32915, 32916, 34902, 36566, 38398,
48394
Corrected 12900,
19132, 20194, 23138, 34211, 34900, 44380, 48393
Eff. 1-14-88 34901,
36567, 37442, 39903, 39904, 44378, 44379, 44381, 45616, 45617, 46996
Eff. 1-25-88 48522
Eff. 3-10-88 44595, 46742, 46997
Eff. 5-5-88 46741, 48807
71.203 21248
Eff. 1-14-88 44380
71.207 21248
71.401 4894, 11031, 30916
Corrected 7369
Technical correction 31846
71.501 1423,
1430, 4487, 7395, 9383, 11183, 15480, 35393, 37735
Corrected 4079, 4608, 17366
Technical correction 13173
Eff. 1-14-88 46557
Eff. 2-11-88 47305, 47308
73.21 21249
73.22 4131
73.23 4895,
10560, 11034, 17394
Corrected 7370, 42397
Eff. 1-14-88 38752
73.25 4895, 21500, 35235
73.29 21249, 28225
73.30 18552, 21250
Corrected 19962
73.32 21247
73.34 11034
73.41 10560
73.42 16833
73.44 21250, 28225
73.48 10560
Eff. 1-14-88 44384
73.52 27790
73.53 21250
73.55 5078
Technical correction 7370
73.64 28686
73.66 8874
73.71 21250
75.100 5079,
18903, 21247, 21248, 21251, 21252, 27329, 28687, 28688, 35236,
35693-35695, 36231-36233, 38914
Corrected 37874, 42275
Eff. 1-14-88 39905,
42274, 43057, 47678
Regulations at 52 FR 35236 effective date deferred to 1-14-88 41405,
42275
Eff. 3-10-88 49395
91 Authority citation revised 1836
Authority citation revised; section authority citations removed 9636
Special FAA Reg. 50 added 9775
Special FAA Reg. 50 corrected 18689
Special FAA Reg. 50 redesignated as FAA Reg. 50-1 and revised 22743
Authority citation revised; Special FAA Reg. 47 authority citation
removed 47672
Special FAA Reg. 47 amended 47673
91.24 (a) and (b) revised 3391
91.27 (c) added 34102
Technical correction 35234
91.35 Introductory text and (a) through (d) redesignated as (a)
introductory text and (1) through (4); new (b) added 9636
91.90 (b)(2)(iii) revised 3391
91.161 (b) revised 20028
91.173 (a)(1) amended 17277
(c) revised; (d) added 34102
Technical correction 35234
91.213 (a)(3) added 1836
93.101 -- 93.105 (Subpart H) Removed 19254
95 4132,
10739, 19839, 27792, 34376, 38089
97.21 -- 97.35 662,
2220, 3427, 4610, 5949, 8244, 10046, 12520, 13637, 17395, 19841,
21501, 23431, 24986, 26951, 28821, 30145, 32538, 34903, 36234, 38399,
39627, 43747, 45618, 46744, 48395
108.9 (c) added 48509
121 Authority citation revised 3391
Authority citation revised; section authority citations removed
9636, 20957
Special FAA Reg. 38-2 amended 28939
Special FAA Reg. 52 Note added 45913
Technical correction 47991
121.3 (i) added 20028
121.312 Comment time extended 5422
121.337 Revised 20957
121.343 Revised 9636
121.345 (c) revised 3391
121.417 (c) revised; (d) redesignated as (e); new (d) and (f) added
20958
121.589 Revised 21476
121 Appendix B amended 9637
125 Authority citation revised; section authority citations removed
9637
Special FAA Reg. 38-2 amended 28939
125.1 (e) amended 6957
(d) and (e) removed; (a) and (b) (1), (3), and (4) revised 20028
125.11 (a) revised; (c) added 20028
125.202 Added 9637
127 Authority citation revised 3392
Special FAA Reg. 38-2 amended; authority citation revised 28939
127.123 (b) revised 3392
129 Heading revised 20029
Special FAA Reg. 38-2 amended; authority citation revised 28939
129.1 Revised 20029
129.11 (a) introductory text revised; (a)(4) and (c) added 20029
129.14 Added 20029
Effective date deferred to 2-25-88 32528
129.25 (j) added 48509
129 Appendix A amended 20029
135 Authority citation revised 3392
Authority citation revised; section authority citations removed 9637
Special FAA Reg. 50 added 9775
Special FAA Reg. 50 corrected 18689
Special FAA Reg. 50 redesignated as FAA Reg. 50-1 and revised 22743
Special FAA Reg. 38-2 amended 28939
Special FAA Reg. 52 added 45913
Technical correction 47991
135.11 (c) added 20029
135.143 (c) revised 3392
135.151 (a) introductory text revised; (b) redesignated as (c); new
(b) added 9637
135.169 (a) and (b) introductory text revised; (b) (5) and (6)
amended; (b)(7) added 1836
(b) introductory text corrected 34745
135.363 (j) added 1836
135.398 Added 1836
139 Revised 44282
14 CFR 139.343 1988
14 CFR
53 FR
Page
Chapter I
61 Technical correction 49979
61.14 Added 47056
61.95 Added; eff. 1-12-89 40322
61.193 (b) introductory text republished; (b) (4) and (5)
redesignated as (b) (5) and (6); new (b)(4) added; eff. 1-12-89 40322
61.195 (d) revised; eff. 1-12-89 40322
63 Technical correction 49979
63.1 -- 63.23 (Subpart A) Authority citation revised 47056
63.12b Added 47056
65 Technical correction 49979
65.23 Added 47056
65.46 Added 47056
67.20 Enforcement policy 44166
71 Technical correction 52576
71.12 Revised; eff. 1-12-89 40322
71.50 668
71.107 25142
Correctly designated 27106
71.123 2007,
2008, 2010, 2011, 2013, 2014, 2481, 2482, 2484, 3006, 3007, 3010,
3582, 3583, 7351, 7352, 8172, 8173, 9868, 16388, 19269, 21811, 24254,
26047, 28862, 33451, 33452, 34042, 39253, 40055, 40409
Corrected 5155,
5521, 6059, 6219, 36150, 36560, 39254, 45186, 49638
Technical correction 17535
Eff. 2-6-89 51750
Eff. 2-9-89 48244
71.151 6796,
7352, 8174, 23221, 34277, 37544
Rule at 53 FR 37544 cancelled 44588
71.163 40408
71.171 497,
4118, 6142, 7349, 11061, 11840, 12917, 17020, 17690, 22138, 23220,
23604, 23605, 25322, 26233, 27849, 30671, 31297, 32033, 33450, 36558,
46869
Corrected 8302, 9867, 33453
Regulations published 50 FR 19909 eff. 11-17-88 36966
Eff. 4-6-89 40053, 48897
Eff. 2-9-89 41159,
47182, 51536
71.181 497,
1336, 1614, 4117-4119, 6140-6142, 6796, 7350, 8617, 9285, 10528,
11061, 12918, 13115-13117, 16252, 16253, 17020, 17180, 17690,
17919-17921, 19268-19270, 20103, 20832, 20833, 22137, 22138, 23221,
23605-23607, 25143, 26233, 26427, 27849, 27850, 27957, 31297,
32210-32214, 33451, 34042, 35309, 36559, 36560, 38004, 39252, 40054,
43426, 49549
Corrected 11841,
17535, 20414, 20833, 24253, 24551, 27481, 30671, 44145, 49825
Effective date corrected 28861,
28862
Technical correction 29800
Eff. 1-12-89 32211, 39253
Eff. 2-6-89 32213
Eff. 2-9-89 44587,
45077, 45757, 45758, 46606, 47182, 51537, 51748, 51749
Eff. 4-6-89 51536
Eff. 6-1-89 52401-52404
Eff. 7-9-89 40054
71.203 9868,
26047, 28862
71.207 9868
71.401 3717
Corrected 6219, 21396
(a) and (b) designations removed; text consolidated and redesignated
as 71.403 and heading added; eff. 1-12-89 40322
71.403 Redesignated from 71.401 (a) and (b); (a) and (b)
designations removed; heading added; eff. 1-12-89 40322
71.501 3843,
6919, 11022, 15637, 19742, 24408, 27661, 34276, 36545, 50496
Regulation at 52 FR 47305 effective date deferred 3008
Regulation at 52 FR 47308 corrected and effective date deferred 3008
Corrected 18836,
39452, 44587
73.22 8175
73.23 34277
73.25 4846
73.26 25323
73.29 6797, 8174
73.31 4846, 7352, 39255
Corrected 13254
73.34 40410
73.36 Eff. 2-9-89 45758
73.37 29453
73.41 37544
73.45 7353
73.48 24255
73.51 23221
73.52 8175
73.55 25324
73.57 23222
73.88 3010
73.63 Eff. 2-9-89 45259
73.64 3011
73.66 15021
73.67 15022
75.100 498,
1338-1340, 2015, 2017, 2018, 9868, 14787, 24254, 24256, 25144, 28862,
43860
Technical correction 27106
Corrected 32214
Eff. 2-9-89 50922
91 Special FAA Reg. 47 at 52 FR 47672-47673 correctly designated as
Special FAA Reg. 47-2 233
Special FAA Reg. 51-1 added 3812
Technical correction 4846, 25050
Special FAA Reg. 50-1 redesignated as Special FAA Reg. 50-2 and
revised 20273
Special FAA Reg. 50-2 corrected 21988, 32603
Authority citation revised 26145
Special FAA Reg. 50-2 amended 36947
Legal opinion 50208
91.24 (b) and (c) revised 23374
91.30 Heading, (a) introductory text, and (c) revised; (d)
redesignated as (e); new (d) added 50195
91.35 (b) redesignated as (f); new (b), (c), (d), and (e) added
26145
(d)(2) corrected 30838
(b) and (c) corrected 30906
91.88 (f) added 23374
91.90 Revised 23374
Revised; eff. 1-12-89 40323
(a)(3) corrected 43320
91.165 Revised 50196
91 Appendix D added 23374
Appendixes E and F added 26146
Appendix D corrected 26592
Appendices E and F corrected 30906
95 1007,
6575, 15366, 23224, 31299, 41316, 47947
Regulation at 53 FR 15366 effective date corrected 20103
97.21 -- 97.35 500,
3012, 3013, 4847, 6592, 8873, 11063, 12378, 15373, 16389, 19771,
21812, 23227, 26234, 27676, 29001, 31305, 34040, 35310, 36967, 39453,
43427, 47184, 48523, 50513
Eff. in part 1-12-89 45078
99 Revised 18217
99.1 (b) (1), (3) and (5) corrected 21989
(b) revised 39845
(b) correctly revised 44182
99.11 (a) revised 39845
(a) correctly revised 44182
99.12 Added 39845
99.23 Corrected 21989
99.42 Corrected 21989
Correctly revised 34043
99.43 Corrected 21989
108.9 Technical correction 2223
121 Authority citation revised 8728, 26147
Authority citation amended 12361
Technical correction 40316, 49979
Special FAA Reg. No. 36 amended; eff. 1-23-89 49523
121.312 (a) (1), (2), (5), and (6) revised; (a)(7) added 32581
121.317 (a) revised; (b) and (c) redesignated as (d) and (f) and
revised; new (b), (c), (e), (g), (h), and (i) added 12361
Technical correction 14888
(d) correctly revised 44182
121.343 (a) introductory text amended; (e) through (i) redesignated
as (g) through (k); new (e) and (f) added 26147
121.358 Added; eff. 1-2-89 37696
121.359 (e) redesignated as (f); new (e) added 26147
121.404 Added; eff. 1-2-89 37696
121.407 (d) added; eff. 1-2-89 37696
121.409 (d) added; eff. 1-2-89 37696
121.419 (a)(2)(vi) revised; eff. 1-2-89 37696
121.424 (a), (b), and (d) revised; eff. 1-2-89 37697
121.427 (d)(1) introductory text revised; eff. 1-2-89 37697
121.429 Added 47057
121.433 (c)(2) revised; (e) added; eff. 1-2-89 37697
121.455 Added 47057
121.457 Added 47057
121.571 (a)(1)(i) revised 12362
Technical correction 14888
121.703 (a) (15) and (16) amended; (a)(17) added 8728
121 Appendix B revised 26147
Appendix B corrected 30906
Appendix E amended; eff. 1-2-89 37697
Appendix I added 47057
125 Authority citation revised 26148
125.202 Removed 26148
125.225 Added 26148
(b) introductory text and (i) corrected 30906
125.227 Added 26149
125 Appendix D added 26150
Appendix D corrected 30906
127 Special FAA Reg. No. 36 amended; eff. 1-23-89 49523
129.25 Technical correction 2223
135 Authority citation revised 12362, 26151
Special FAA Reg. 50-1 redesignated as Special FAA Reg. 50-2 and
revised 20273
Special FAA Reg. 50-2 corrected 21988, 32603
Special FAA Reg. 50-2 amended 36947
Technical correction 40316,
49378, 49979
Special FAA Reg. No. 36 amended; eff. 1-23-89 49523
135.1 (b) introductory text revised; (c) and (d) added 47060
135.10 Revised; eff. 1-2-89 37697
135.117 (a)(1) revised 12362
Technical correction 14888
135.127 Added 12362
Technical correction 14888
135.151 (a) and (b) revised; (d) and (e) added 26151
135.152 Added 26151
135.177 (a)(3) revised 12362
Technical correction 14888
135.249 Added 47061
135.251 Added 47061
135.293 (a)(7) revised; eff. 1-2-89 37697
135.345 (b)(6) revised; eff. 1-2-89 37697
135.351 (b)(2) revised; eff. 1-2-89 37698
135.353 Added 47061
135.443 (b)(3) amended 47375
135 Appendixes B, C, D, and E added 26152
Appendixes B, C, D, and E corrected 30906
139.3 Corrected 4258
139.201 (c) corrected 4119
139.205 (b)(25) corrected 4119
(b)(10) corrected 4258
139.209 (c) corrected 4119
139.311 (f) added 40843
Technical correction 44588
139.313 (b)(2) corrected 4258
139.317 (f) and (g)(3) corrected 4120
(g)(3) and (i)(3) corrected 4258
139.319 (e)(2) correctly designated; (i)(2)(i) and (j)(2)(x)
corrected 4258
(j)(4) amended 40843
Technical correction 44588
139.321 (c) correctly revised; (h) corrected 4120
(b)(6) revised 40843
Technical correction 44588
139.325 (c) (6) and (7) corrected 4258
139.327 (d) and (e) correctly designated as (c) and (d) 4120
139.339 (c)(8) corrected 4258
14 CFR 139.343 1989
14 CFR
54 FR
Page
Chapter I
61 Enforcement policy 15144
Technical correction 37636, 46724
61.5 (a)(1) (ii), (iii), and (iv) redesignated as (a)(1) (iii), (iv),
and (v); new (a)(1)(ii) added 13037
61.14 (b) introductory text revised 15152
61.15 (b) amended; eff. 8-18-90 34330
61.16 Introductory text amended; eff. 8-18-90 34330
61.23 (a)(3), (b)(2) and (c) revised 13037
61.31 (f) (2), (3), and (4) redesignated as (f) (3), (4), and (5);
new (f)(2) added 13037
61.51 (c)(2)(i) revised; (d)(3) added 13037
61.56 Added 13037
(d) revised 41236
61.57 (a) and (b) removed; (c) amended 13038
61.69 (a) revised 13038
61.81 -- 61.93 (Subpart C) Heading revised 13038
61.81 Revised 13038
61.83 Heading revised 13038
61.87 Revised 13038
(k) (2) and (3) amended; (k)(4) and (n) added 41236
61.89 (a) (4) and (5) amended; (a) (6), (7), and (8) added; (b)
revised 13039
61.93 Revised 13039
61.96 Added 13040
61.97 Added 13040
61.98 Added 13040
61.99 Added 13041
61.100 Added 13041
61.101 Redesignated as 61.102; new 61.101 added 13041
61.102 Redesignated from 61.101 13041
61.118 (d)(5) amended; eff. 8-18-90 34330
(d)(1) amended 39291
61.153 (a) amended; eff. 8-18-90 34330
61.193 (a)(5) revised; (b)(1), (2), and (3) amended; (b)(6)
redesignated as (b)(7) and revised; (a)(6), (7), (b)(6) and (8) added
13042
61.195 (g) added 13042
63 Technical correction 37636, 46724
63.1 -- 63.23 (Subpart A) Authority citation revised 15152
63.12 (b) introductory text amended; eff. 8-18-90 34330
63.12a Introductory text amended; eff. 8-18-90 34330
63.12b (b) correctly designated 15072
(b) introductory text revised 15152
63 Appendix B amended 39291
65 Technical correction 37636, 46724
65.12 (b) amended; eff. 8-18-90 34330
65.23 (b)(1) corrected 1289
(b) introductory text revised 15152
65.93 (a) amended 39292
65.95 (c) amended 39292
67 Enforcement policy 15144
Technical correction 46724
67.19 (d)(4) and (f) amended 39292
(f) corrected 52872
67.23 Amended 39292
67.25 (b) amended 39292
67.27 (a), (b)(3), and (d) amended 39292
67.29 (c) amended 39292
71 Technical correction 13455, 37636
SFAR No. 45-1 amended; eff. 8-18-90 34331
71.9 Revised 265
71.17 (a) amended; eff. 8-18-90 34331
71.123 5219,
14210-14211, 21424, 22415, 22884, 23645, 24165, 25103-25105, 31936,
31937, 32801, 38509-38511, 38513, 39166, 39169, 39987, 39989, 43048
Corrected 43385
Eff. 1-11-90 46887, 47972
71.127 25105
71.151 32801, 38512
Corrected 42495
Eff. 1-11-90 48084
71.171 1347,
8529, 13877, 19158, 21422, 24705, 25100, 31326-31327, 32798, 32800,
33496, 34503, 35319, 35637, 39350, 39986, 42294, 43956, 48586
Regulation at 54 FR 32798 withdrawn 38216
Eff. 1-11-90 42494,
42495, 43423, 43959, 48081, 48082, 48236
Corrected 47862
Eff. 3-8-90 52015-52016
71.181 1347,
3590-3591, 5215-5218, 8726-8728, 9030, 10141, 11179, 13516, 13517,
14209, 14211-14212, 16102-16104, 18487-18489, 19159-19160, 19352-19355,
19878, 20122, 21422-21425, 23646, 24706, 25101, 25102, 25447, 26373,
27159, 29539, 29540, 29889-29892, 30723, 31327-31328, 31654,
32439-32441, 32798, 32799, 33496, 33497, 35319, 38216-38217, 39168,
39170, 39172, 39173, 39351, 39988, 42802, 43956, 43958-43959, 50737
Corrected 5929,
13516, 14070, 21937, 28029, 32799, 39169, 39171, 46187
Eff. 4-5-90 32439
Effective date corrected 38215
Effective date delayed 19158
Technical correction 29817, 50043
Eff. 1-11-90 41823,
43423, 43957, 46047, 46373, 47971, 48082, 48083
Eff. 4-5-90 43583
Eff. 3-8-90 46046,
46372, 50493, 51877, 52017
Eff. 1-14-90 51019
71.193 Revised 265
71.203 31937, 38513
Eff. 1-11-90 47972
Corrected 47973
71.207 31938
Eff. 1-11-90 47972
71.209 31938
71.401 Introductory text redesignated as (a) 52932
71.403 15748,
32608, 39116, 46227,43789
Correctly designated 50307
Eff. 1-11-90 50987
Amended; eff. 1-11-90 52681
Heading removed; existing text redesignated as 71.401 (b) 52932
71.501 9029,
9410, 13054, 32608, 39116, 43790
Corrected 12532
Eff. 1-11-90 47665, 50988
73 SFAR No. 53 added 261
Technical correction 46724
SFAR No. 53 amended 51287
73.19 (a) and (c) amended 39292
73.23 14213
73.24 Eff. 1-11-90 48084
73.31 Eff. 1-11-90 47973
73.40 6879, 13877
73.48 14213
73.51 39173
Eff. 1-11-90 46888
Technical correction 50043
73.56 38512
Corrected 42495
73.63 31656, 32802
73.66 Eff. 1-11-90 48237
73.93 13517
75.100 6880,
11943, 11944, 19161, 20122, 25106, 31938, 38513, 39989
Regulation at 54 FR 39989 effective date delayed to 1-11-90 46888
Eff. 1-11-90 47972,
47974-47976
77 Technical correction 46724
77.17 (a) and (e) amended 39292
77.35 Amended 39292
77.37 (c)(1) amended 39292
77.45 (a) amended 39292
91 Authority citation revised 40326
Technical correction 1926,
29892, 37636, 46724
SFAR No. 54 added 5581
SFAR No. 50-2 amended 11927
SFAR No. 55 added 13811
Policy statement 27836
SFAR No. 55 redesignated as 55-1 and amended 27849
Disposition of comments 28769
SFAR No. 56 added 29699
SFAR No. 29-4 amended; eff. 8-18-90 34331
SFAR No. 44-5 amended; eff. 8-18-90 34331
SFAR No. 50-2 amended; eff. 8-18-90 34331
SFAR No. 27-5 amended 39292
SFAR No. 44-5 amended 39292
SFAR No. 57 added 40625
SFAR 47 amended; eff. 1-1-90 52901
91.1 -- 92.25 (Subpart A) Revised; eff. 8-18-90 34292
91.1 (b) and (c) redesignated as (c) and (d); (a) revised; new (b)
added 265
91.23 (c)(1) amended; eff. 8-19-90 39293
91.24 (a) revised 25682
91.26 Added 950
91.27 (a)(2) revised 52932
91.28 (a) amended 39292
91.30 (a)(2) amended 39292
91.41 (c) amended 39292
91.54 (a)(3), (c) (1) and (3) amended 39292
91.61 Revised 266
91.90 (c)(1) amended 24883
91.100 (b)(2) amended 39292
91.101 -- 91.193 (Subpart B) Revised; eff. 8-18-90 34294
91.105 Revised 40326
(b)(2) corrected 43050
91.185 (c)(2) introductory text corrected 37762, 41211
91.203 -- 91.221 (Subpart C) Revised; eff. 8-18-89 34304
91.203 (a)(2) eff. 9-18-90 34304
(a)(2) effective date corrected to 9-18-90 52932
91.303 -- 91.323 (Subpart D) Revised; eff. 8-18-90 34308
91.317 (c) amended; eff. 8-18-90 39293
91.323 (a)(2) corrected 37762, 41211
91.401 -- 91.421 (Subpart E) Revised; eff. 8-18-90 34311
91.409 (d)(2)(ii) corrected 37762, 41211
91.501 -- 91.533 (Subpart F) Added; eff. 8-18-90 34314
91.601 -- 91.613 (Subpart G) Added; eff. 8-18-90 34318
91.701 -- 91.715 (Subpart H) Added; eff. 8-18-90 34320
91.715 (a) amended; eff. 8-18-90 39293
91.801 -- 91.821 (Subpart I) Added; eff. 8-18-90 34321
91.801 (b) corrected 37762, 41211
91.903 -- 91.905 (Subpart J) Added; eff. 8-18-90 34325
91 Appendix A revised; eff. 8-18-90 34325
Appendix B revised; eff. 8-18-90 34327
Appendix C revised; eff. 8-18-90 34327
Appendix D revised; eff. 8-18-90 34327
Appendix E revised; eff. 8-18-90 34327
Appendix F revised; eff. 8-18-90 34328
Appendix F corrected 37762, 41211, 53036
93 Technical correction 37636, 46724
93.71 -- 93.75 (Subpart E) Removed; eff. 1-11-90 50992
93.111 Amended; eff. 8-18-90 34331
93.113 Amended; eff. 8-18-90 34331
93.123 (c) revised 34906
(c) (1) and (2) corrected 37303
(c) effective date suspended in part; Note added 39843
93.183 (b)(3) amended; eff. 8-18-90 34331
93.199 (c) amended; eff. 8-18-90 34331
93.213 (a) (3) and (4) revised 34906
(a) (3) and (4) corrected 37303
93.221 (a)(1) amended 39293
93.223 (c)(3) added 34906
93.225 (e) amended 39293
95 1677,
10279, 20374, 27634, 35320, 48085
97.21 -- 97.35 109,
1348, 5588, 6516, 9031, 10284, 12593, 14071, 16105, 19879, 22416,
24328, 25712, 27634, 28030, 30011, 31329, 33498, 35455, 38218, 39989,
41590, 43049, 51020
Corrected 8261
Eff. in part 1-11-90 47202, 48238
99 Technical correction 37636
99.11 (b)(1) and (2) amended; eff. 8-18-90 34331
99.17 (a) amended; eff. 8-18-90 34331
99.27 (a) amended; eff. 8-18-90 34331
99.31 Amended; eff. 8-18-90 34331
103 Technical correction 37636
103.20 Amended; eff. 8-18-90 34331
107.3 (a)(4), (d) and (e) amended 28765
107.5 Amended 28765
107.9 Amended 28765
107.11 Amended 28765
107.14 Added 588
108 Authority citation revised 36945
108.1 (a)(4) added 28984
108.7 (b)(8) added 36946
108.18 Added 28984
108.20 Added 36946
109 Technical correction 46724
109.3 (b) and (c)(3) amended 39293
121 Technical correction 1926,
37636, 46724
Disposition of comments 22872
SFAR No. No. 38-2 amended 23865
SFAR No. 36 amended 39293
121.1 (f) amended; eff. 8-18-90 34331
121.15 Amended; eff. 8-18-90 34331
121.47 (a) amended 39293
121.59 (c)(3) amended 39293
121.77 Amended 39293
121.79 Amended 39293
121.83 Amended 39293
121.97 (c) amended 39293
121.117 (c) amended 39293
121.207 Introductory text amended; eff. 8-18-90 34331
121.310 (m) added 26696
121.314 Added 7389
121.316 Added 40354
121.318 Revised 43926
121.337 (f) revised 22271
121.342 (b) amended 39293
121.356 Added 951
121.373 (c) amended 39293
121.405 (e) amended 39293
121.417 (d) revised 22271
121.437 (c) amended 39293
121.565 (d) amended 39293
121.579 (b) (1) and (2) amended; eff. 8-18-90 34331
121.586 (b) and (c) amended 39293
121.649 (c) amended; eff. 8-18-90 34331
121.657 (a) amended; eff. 8-18-90 34331
121.667 (c) amended; eff. 8-18-90 34331
121.685 Amended 39293
121.723 Amended 39293
121 Appendix I corrected 1289
Appendix I amended 15152, 53283
Appendix C amended 39293
Appendix G amended 39293
125 Technical correction 1926,
37636, 46724
SFAR No. No. 38-2 amended 23865
125.3 (a), (b), and (c) amended 39294
125.23 (b) amended; eff. 8-18-90 34331
125.35 (c) and (d) amended 39294
125.39 Amended; eff. 8-18-90 34331
125.206 (b) amended 39294
125.224 Added 951
125.329 (c) amended; eff. 8-18-90 34332
127 SFAR No. No. 38-2 amended 23865
Authority citation revised 23865
Technical correction 37636, 46724
SFAR No. 36 amended 39294
127.1 (b) amended; eff. 8-18-90 34332
127.22 Amended; eff. 8-18-90 34332
127.85 Amended; eff. 8-18-90 34332
129 Authority citation revised 951
Technical correction 1926, 46724
SFAR No. No. 38-2 amended 23865
Authority citation revised 23865
129.11 (b) amended 39294
129.18 Added 951
129.25 (e) revised 11121
Implementation policy 25551
129 Appendix A amended 39294
Appendix A corrected 51972, 52872
133 Technical correction 37636, 46724
133.14 Amended; eff. 8-18-90 34332
133.15 Amended 39294
133.25 (a) and (b) amended 39294
133.27 (c) amended 39294
133.31 (b) amended 39294
133.33 (d)(1) amended 39294
135 Technical correction 1926,
37636, 46724
SFAR No. 50-2 amended 11927
Disposition of comments 22872
SFAR No. No. 38-2 amended 23865
Authority citation revised 23865
SFAR No. 36 amended 39294
135.1 (b)(10) amended; eff. 8-18-90 34332
135.3 (b) amended; eff. 8-18-90 34332
135.17 (c) and (d) amended 39294
135.39 (d) amended 39294
135.41 Amended; eff. 8-18-90 34332
135.71 Amended; eff. 8-18-90 34332
135.93 (c) amended; eff. 8-18-90 34332
135.149 (d) removed 43926
135.150 Added 43926
135.153 (b)(1) amended 39294
135.158 (b) amended 39294
135.169 (d) added 7389
135.180 Added 951
135.211 (a)(2) amended; eff. 8-18-90 34332
135.267 (g) amended 39294
137 Technical correction 37636, 46724
137.1 (c) amended 39294
137.15 Amended 39294
137.17 (d) amended 39294
137.23 Amended; eff. 8-18-90 34332
137.43 (c) amended; eff. 8-18-90 34332
137.51 (b)(3) amended 39294
137.53 (c)(1)(ii) amended; eff. 8-18-90 34332
137.77 Amended 39294
Correctly amended 51972, 52872
139 Technical correction 46724
139.3 Amended 39295
139.103 (a) amended 39295
139.111 (c) amended 39295
139.113 Amended 39295
139.217 Amended 39295
139.319 (h)(3) amended 39295
139.321 (g) amended 39295
14 CFR 139.343 1990
14 CFR
55 FR
Page
Chapter I
61 Authority citation revised 31309
SFAR No. 58 Note added 40274
Disposition of comments 48822
Technical correction 50799
61.15 (c), (d), (e), and (f) added 31309
(f)(2) corrected 41415
61.56 (d) introductory text revised 50313
61.58 (e) revised 40274
63 SFAR No. 58 Note added 40274
Disposition of comments 48822
Technical correction 50799
65 SFAR No. 58 Note added 40275
Disposition of comments 48822
Technical correction 50799
67 Authority citation revised 31309
67.3 Added 31309
71.123 4168,
5596, 7302, 10233, 17422, 18863, 20135, 24553, 26649, 26650, 31041,
33284, 35140, 35298, 37700, 41853, 42363
71.123 Eff. 2-7-91 48594
Eff. 2-7-91 50170
71.151 610, 11900, 26651, 43091
Corrected 5981, 17931
71.171 2060,
4168, 5596, 5834-5838, 8449, 10232, 11009, 11895, 12336, 17596,
28185, 28187, 32071, 32608-32613, 35297, 37319, 37459, 39263, 41854,
42360, 42361, 46939
Corrected 4421, 15320, 22331, 26649, 40823
Regulation at 55 FR 37459 effective date delayed to 12-13-91 41854
Effective date corrected 45601
Amended; eff. 2-7-91 47308
Eff. 2-7-91 50549
71.181 609,
1403, 2059, 3584, 5835, 5837, 6979, 6980, 8912, 10233, 10610, 11894,
11896, 11897, 13264, 13761, 14236-14238, 15224, 17422, 17423, 19256,
19257, 20134, 22331, 23423, 24554, 25970, 25971, 27461, 28186, 28187,
31039, 31040, 32610, 32613, 33112, 33283, 35298, 37319, 37459, 37460,
40160, 40822, 40823, 41855, 42361, 42362, 45602, 47307, 48594
Eff. 2-7-91 37318,
42362, 47308, 50170, 50548, 50549
Corrected 10030,
12482, 13264, 18100, 28188, 32072,
35299, 35757,
40378, 46203
Regulation at 55 FR 37319 effective date delayed to 12-13-90 41854
Technical correction 609
Corrected; effective date delayed to 6-28-90 21186
Effective date delayed to 5-31-90 21861
71.203 4168, 42360
71.207 4168, 14235
71.401 (b) amended 9085, 19230
Corrected 23191
71.403 Corrected 1535
(b) amended 11329
71.501 Amended 9086, 19230
Amended 46928
73 SFAR No. 59 added; eff. to 8-6-90 20102
SFAR No. 59 corrected 28188
SFAR No. 53 amended 53267
73.21 Eff. 2-7-91 50675
73.23 610
73.24 274
73.25 19724
73.29 5982, 8127
Corrected 3686, 5981
73.31 43092
73.37 42363
73.48 26651
73.48 43091
73.51 611, 28604
73.52 Eff. 2-7-91 51408
73.53 11900
Corrected 17932
73.63 13762
73.71 1807
75 Technical correction 51529
75.100 612,
1404, 4168, 10234, 17424, 19257, 23702, 26652, 37700, 42364, 42365
Regulation at 55 FR 42364 effective date delayed to 2-7-91 46940
Eff. 2-7-91 51409
91 SFAR No. 50-2 amended 13445
SFAR No. 50-2 corrected 15320
SFAR No. 27-5 removed 32861
Technical correction 35139, 37287, 47028
SFAR No. 57 revised; eff. to 10-1-91 40361
SFAR No. 60 added 40760
SFAR No. 61 added; eff. to 11-9-91 47299
SFAR corrected 48727
SFAR No. 62 amended; eff. to 12-30-93 50307
91.88 (c) and (f) amended; (d) revised 17737
91.90 (c)(1) amended 413
(c) revised 24825
91.105 (c), (d), and (e) added 29552
91.117 (a) revised 34708
91.130 (c) and (f) amended; (d) revised 17737
91.131 (c)(1) amended 9418
(c) revised 24825
91.155 Revised 10610
(c), (d), and (e) revised 29552
(c) correctly revised 47309
91.203 (d) added 32861
91.205 (d)(3)(i) amended 43310
91 Appendix D amended 29988
93 SFAR No. 60 added 40760
93.217 (a)(5) and (6) amended; (a)(10) added; eff. 1-28-91 53243
95 1009, 5598, 13764, 23191, 32384, 38669, 49025
Technical correction 23899
97.21 -- 97.35 275,
613, 1582, 3049, 4835, 7705, 9316, 11167, 15225, 17425, 18864, 21379,
23199, 24555, 28189, 29013, 31042, 32614, 35300, 37320, 39264, 42366,
42367, 46941, 48595, 50676, 51897
99.12 Revised 8395
108.23 (b) revised 40275
121 Authority citation revised 8367, 10757
SFAR No. 38-2 amended 23047
SFAR No. 58 added 40275
Disposition of comments 48822
Technical correction 50799
121.1 (c)(2) redesignated as (c)(3); new (c)(2) added 40277
121.317 (c), (g), and (i) revised; (j) added 8367
121.337 (c) and (d) removed; (e) and (f) redesignated as (c) and
(d); (b) heading and new (d) revised 5548
Technical correction 9824
(d)(2) revised 31565
121.356 (a) revised 13247
121.358 Revised 13242
121.417 (d) revised 51079
121.585 Added 8072
121 Appendix I amended 3701, 10757, 51672
Appendix I corrected 11720, 53101
125 SFAR No. 38-2 amended 23047
125.224 (a) amended 13247
127 Authority citation revised; SFAR No. 38-2 amended 23047
129 Authority citation revised 8367, 23047
SFAR No. 38-2 amended 23047
129.18 (a) amended 13247
129.29 Added 8367
133.43 (a)(2), (3), (b)(1), and (2) amended; (a)(4) and (b)(3) added
8005
135 Authority citation revised 8367, 23047
SFAR No. 38-2 amended 23047
SFAR No. 50-2 amended 13445
SFAR No. 50-2 corrected 15320
SFAR No. 58 Note added 40278
135.1 (a)(4) redesignated as (a)(5); new (a)(4) added 40278
135.127 Revised 8367
(d) and (e) redesignated as (e) and (f); new (d) added 20135
135.129 Added 8073
135.149 (c) revised 43310
135.150 (a)(7) corrected; CFR correction 29352
135.159 (a)(1) and (2) redesignated as (a)(2) and (3); new (a)(1)
added 43310
139 Authority citation revised 48214
139.101 Revised 48214
139.329 (b) and (e) revised 48214
93.217 (a)(10)(i) corrected 1059
14 CFR 139.343 1991
14 CFR
56 FR
Page
Chapter I
61 Authority citation revised 11324, 27162, 43971
SFAR No. 63 added 27162
Technical correction 13211
61.1 (b) revised 11324
61.31 (f) redesignated as (h); new (f) and (g) added 11324
61.49 Revised 11324
61.56 (f) redesignated as (g); new (f) added 11324
(d) introductory text revised 43971
(d) corrected 47833
Regulation at 56 FR 43971 effective date corrected 56571
61.58 (a) revised 11324
61.63 (d)(3)(i) revised; (d)(6) added 11324
61.71 Concluding text removed; (b) revised 11325
61.95 (a) and (b) introductory text revised; eff. 9-16-93 65653
61.97 (f) and (g) revised; (h) added 11325
61.98 (a)(5) revised 11325
61.105 (a)(4), (5), (b)(3) and (4) revised; (a)(6) and (b)(5) added
11325
61.107 (a)(4) and (d)(5) revised 11325
61.113 (a) introductory text, (b) introductory text and (c) revised;
(d) and (e) removed 11325
61.125 (a)(2), (3), (c)(3) and (4) revised; (a)(4) and (c)(5) added
11325
61.127 (a)(2) and (d)(4) revised 11325
61.131 (a) introductory text and (b) introductory text revised; (c)
and (d) removed 11326
61.157 (f) added 11326
61.183 (e) revised 11326
61.187 (a)(6) revised 11326
61.193 Revised 11326
(b)(4) revised; eff. 9-16-93 65653
61.195 (b) revised 11326
(d)(3) revised; eff. 9-16-93 65653
61.201 (a) revised 11326
63 Authority citation revised 27163
SFAR No. 63 added 27163
65 Authority citation revised 27163
SFAR No. 63 added 27163
Authority citation revised 65653
65.37 (f) introductory text and (2) revised; eff. 9-16-93 65653
71 Heading and authority citation revised 65653
Revised; eff. 9-16-93 65654
71.1 Revised; effective through 9-15-93 65654
71.11 Revised; eff. 10-15-92 65654
71.19 Revised; eff. 10-15-92 65654
71.103 Eff. 1-9-92 57487
71.107 Eff. 1-9-92 57487
71.109 Eff. 1-9-92 57487
71.123 4541, 5345, 14017, 23217, 23505, 26026, 32077, 46113, 46727
Corrected 9621
71.123 51167
Eff. 1-9-92 56464, 57799, 57972, 57973
71.123 Eff. 1-9-92 58496
71.125 23216, 23217
Eff. 1-9-92 57487
71.151 30685, 46523
Eff. 3-5-92 66344
71.163 49842
71.171 635, 948, 5153, 6962, 9620, 10365, 12443, 14641, 22110, 23013,
23014, 23215, 23787, 23788, 28044-28046, 28691, 33375, 49137
Regulation at 56 FR 6962 effective date delayed to 5-30-91 11651
Corrected 12443, 14424, 16359
Regulation at 56 FR 5153 effective date suspended to 5-30-91 14190
Regulation at 56 FR 10365 effective date corrected 14848
Effective date corrected 32961
Corrected 51166
71.171 51328, 52466
Eff. 1-9-92 56931
Eff. 3-5-92 65183
71.181 635, 947-949, 1570-1572, 2842, 5154, 9619, 10363-10365, 11366,
11918, 13584, 14016, 14190, 14639, 14640, 19257, 19258, 21074, 21925,
22111, 23015, 23215, 26026, 28044, 28045, 28047, 28048, 30685, 34148,
41060, 43692, 47903, 47904, 48428, 48429, 49137, 49843, 49844, 52465,
52466, 54784-54786, 55623
Technical correction 10363, 10660
Regulation at 56 FR 10365 effective date corrected 14848
Corrected 22910, 31689, 56006
Eff. 1-9-92 52465
Eff. 1-9-92 56464, 56931
Eff. 3-5-92 61367, 61368
Eff. 7-23-92 64478
Eff. 1-9-92 65182
Corrected 65826, 66121
Eff. 3-5-92 65831
71.203 14017, 46113
71.207 46113
71.401 3330, 13529
Corrected 20066, 20125, 50503
71.403 20098
71.501 12118, 27192, 55031
71.501 57972
71.601 -- 71.609 (Subpart M) Added 65654
73.23 46523
73.25 Eff. 3-5-92 66344
73.29 5155, 5928
73.29 26027
73.31 30685
Corrected 37607
73.32 34148
73.34 19925
73.52 5346
73.57 22112
73.64 22112
75 Removed 65657
75.100 5929, 11366, 14017, 20126, 23217, 23218, 26327, 33375, 33376,
33865, 33866, 46113
Eff. 1-9-92 57973
75.100 Eff. 1-9-92 58496
91 SFAR No. 62 corrected 1229
SFAR No. 61 removed; SFAR No. 61-1 added; eff. 4-9-91 to 11-9-91
15031
Authority citation revised 23178, 48657
Authority citation revised 65657
SFAR No. 51-1, 60 and 62 amended; eff. 9-16-93 65652
91.117 (a), (b) and (c) revised; eff. 9-16-93 65657
91.123 (a) revised; eff. 9-16-93 65658
91.126 Added; eff. 9-16-93 65658
91.127 Revised; eff. 9-16-93 65658
91.129 Revised; eff. 9-16-93 65658
91.130 Revised; eff. 9-16-93 65659
91.131 Revised; eff. 9-16-93 65659
91.135 Revised; eff. 9-16-93 65659
91.138 Added 23178
91.155 (b)(1) revised 48089
Revised; eff. 9-16-93 65660
91.157 Revised; eff. 9-16-93 65660
91.205 (b)(16) added 41052
91.215 (a)(1)(i) amended 469
(b) and (d) revised; effective in part 12-12-91 and 9-16-93 65660
91.303 (c), (d) and (e) revised; (f) added; eff. 9-16-93 65661
91.309 (a)(4) revised; eff. 9-16-93 65661
91.609 (b) through (f) redesignated as (c) through (g); new (b)
added; interim; effective to 4-13-92 51621
91.703 (a)(1) revised; eff. 9-16-93 65661
91.711 (c)(1)(i) revised; eff. 9-16-93 65661
91.801 (c) added 48658
91.851 Added 48658
91.853 Added 48658
91.855 Added 48658
(f)(1)(iii) corrected 51167
91.857 Added 48658
91.859 Added 48658
91.861 Added 48658
(b) introductory text corrected 51167
91.863 Added 48659
91.865 Added 48659
91.867 Added 48659
91.869 Added 48659
(a) corrected 51257, 65783
91.871 Added 48660
91.873 Added 48660
(c) corrected 51167
91.875 Added 48660
(a) introductory text and (3) introductory text corrected 51168
91.905 Amended; eff. 9-16-93 65661
91 Appendix D revised; eff. 9-16-93 65661
93 Technical correction 4676
Lottery meeting 43692, 46235
Authority citation revised 48094
Authority citation revised 65662
93.1 (b) revised; eff. 9-16-93 65662
93.111 -- 93.113 (Subpart I) Removed; eff. 9-16-93 65662
93.123 (c) revised 41207
Technical correction 43965
93.151 Revised 48094
Introductory text revised; eff. 9-16-93 65662
93.153 Revised 48094
93.161 -- 93.163 (Subpart N) Removed; eff. 9-16-93 65662
93.171 -- 93.175 (Subpart O) Removed; eff. 9-16-93 65662
93.195 -- 93.199 (Subpart Q) Removed; eff. 9-16-93 65662
93.200 -- 93.208 (Subpart R) Removed; eff. 9-16-93 65662
93.217 (a)(10)(i) corrected 1059
93.221 (e) added 41208
Technical correction 43965
93 Appendix B added 41208
Appendix B technical correction 43965
95 2429, 11368, 23016, 23019, 30687, 41930, 55449
Eff. 1-9-92 67161
97.21 -- 97.35 950, 951, 3027, 5347, 8273, 11370, 13076, 14465,
19259, 21270, 26028, 27405, 27690, 30318, 32503, 36097, 41061, 48100,
48102, 50504, 50508, 55624, 55629, 56465, 56572
97.21 -- 97.35 61369, 61371, 63871, 63874, 65833, 67486
101 Authority citation revised 65662
101.33 (a) revised; eff. 9-16-93 65662
103 Authority citation revised 65662
103.17 Revised; eff. 9-16-93 65662
103.23 Revised; eff. 9-16-93 65662
105 Authority citation revised 65663
105.19 Revised; eff. 9-16-93 65663
105.20 Removed; eff. 9-16-93 65663
105.21 Removed; eff. 9-16-93 65663
107 Authority citation revised; sectional authority citations
removed 41424
Technical correction 54917
107.7 (a)(5) added 41424
107.25 Added 41424
107.27 Added 41424
107.29 Added 41425
108 Authority citation revised 27869, 41425, 48373
Technical correction 54917
108.9 (d) added 41425
108.17 (h) added 41425
(a)(5) revised 48373
108.19 Heading revised; (a) and (b) redesignated as (b) and (c);
new (a) added 27869
108.29 Added 41425
108.31 Added 41425
121 Disposition of comments 156
SFAR No. 38-2 amended 25451
Disposition of comments 65398
Authority citation revised 65663
121.289 (a) introductory text revised; eff. 1-6-92 63762
121.303 (d) introductory text revised 12310
121.347 (a)(2) revised; eff. 9-16-93 65663
121.627 (c) removed 12310
121.628 Added 12310
(a)(4) corrected 14290
121.649 (c) revised; eff. 9-16-93 65663
121 Appendix I amended 13747, 18979
Appendix I amended 43976
125 SFAR No. 38-2 amended 25451
125.187 (a) introductory text revised; eff. 1-6-92 63762
125.201 Revised 12310
127 Authority citation revised 25451
SFAR No. 38-2 amended 25451
127 Authority citation revised 65663
127.125 Introductory text republished; (b) revised; eff. 9-16-93
65663
129 Disposition of comments 156
Authority citation revised 25451, 30126, 48373
SFAR No. 38-2 amended 25451
129.25 (e) revised 30126
129.26 (a)(5) revised 48373
135 Disposition of comments 156
Authority citation revised 25451, 43976
SFAR No. 38-2 amended 25451
Authority citation revised 65663
135.1 (c) revised 43976
135.179 Revised 12311
(c) corrected 14290
135.205 (b) introductory text revised; eff. 9-16-93 65663
137 Authority citation revised 65663
137.43 Revised; eff. 9-16-93 65663
139 Authority citation revised 65664
Airport signage plan 66968
139.323 (a) revised; eff. 9-16-93 65664
14 CFR 139.343 1992
14 CFR
56 FR
Page
Chapter I
91.215 (b) corrected 328
14
Aeronautics and Space
PARTS 60 TO 139
Revised as of January 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JANUARY 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
14 CFR 139.343 Table of Contents
Page
Explanation v
Title 14:
Chapter I -- Federal Aviation Administration, Department of
Transportation (Continued)
Finding Aids:
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Tables
List of CFR Sections Affected
14 CFR 139.343 Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
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Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
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Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
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evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
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To determine whether a Code volume has been amended since its
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Each volume of the Code contains amendments published in the Federal
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
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appropriate numerical list of sections affected. For the period before
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For the period beginning January 1, 1986, a ''List of CFR Sections
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on
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(a) The incorporation will substantially reduce the volume of
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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Properly approved incorporations by reference in this volume are
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CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
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A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
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Martha L. Girard,
Director,
Office of the Federal Register.
January 1, 1992.
14 CFR 139.343 THIS TITLE
Title 14 -- Aeronautics and Space is composed of five volumes. The
parts in these volumes are arranged in the following order: parts 1-59,
60-139, 140-199, 200-1199, and part 1200-End. The first three volumes
containing parts 1-199 are comprised of chapter I -- Federal Aviation
Administration, Department of Transportation (DOT). The fourth volume
containing parts 200-1199 is comprised of chapter II -- Office of the
Secretary, DOT (Aviation Proceedings) and chapter III -- Office of
Commercial Space Transportation, DOT. The fifth volume containing part
1200-End is comprised of chapter V -- National Aeronautics and Space
Administration. The contents of these volumes represent all current
regulations codified under this title of the CFR as of January 1, 1992.
Redesignation tables appear in the Finding Aids section of the volume
containing parts 60-139.
For this volume, Rob Sheehan was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Richard L.
Claypoole, assisted by Alomha S. Morris.
14 CFR 0.0 14 CFR Ch. I (1-1-92 Edition)
14 CFR 0.0 Federal Aviation Administration, DOT
14 CFR 0.0 Title 14 -- Aeronautics
14 CFR 0.0 and Space
14 CFR 0.0 (This book contains parts 140 to 199)
Part
chapter I -- Federal Aviation Administration, Department of
Transportation (Continued) 141
14 CFR 0.0 14 CFR Ch. I (1-1-92 Edition)
14 CFR 0.0 Federal Aviation Administration, DOT
14 CFR 0.0 CHAPTER I -- FEDERAL AVIATION ADMINISTRATION,
14 CFR 0.0 DEPARTMENT OF TRANSPORTATION
14 CFR 0.0 (Continued)
14 CFR 0.0 SUBCHAPTER H -- SCHOOLS AND OTHER CERTIFICATED AGENCIES
Part
Page
140 (Reserved)
141 Pilot schools 437
143 Ground instructors 455
145 Repair stations 457
147 Aviation maintenance technician schools 472
149 Parachute lofts 479
14 CFR 0.0 SUBCHAPTER I -- AIRPORTS
150 Airport noise compatibility planning
151 Federal aid to airports 481
152 Airport aid program 516
153 Acquisition of U.S. land for public airports 573
154 Acquisition of U.S. land for public airports under the Airport
and Airway Development Act of 1970 576
155 Release of airport property from surplus property disposal
restrictions 580
156 State Block Grant Pilot Program
157 Notice of construction, alteration, activation, and deactivation
of airports 583
158 Passenger facility charges (PFC's)
159 National Capital airports 584
161 Notice and approval of airport noise nad access restrictions
169 Expenditure of Federal funds for nonmilitary airports or air
navigation facilities thereon 598
14 CFR 0.0 SUBCHAPTER J -- NAVIGATIONAL FACILITIES
170 Establishment and discontinuance criteria for air traffic control
services and navigational facilities
171 Non-Federal navigation facilities 599
14 CFR 0.0 SUBCHAPTER K -- ADMINISTRATIVE REGULATIONS
183 Representatives of the Administrator 633
185 Testimony by employees and production of records in legal
proceedings, and service of legal process and pleadings 636
187 Fees 636
189 Use of Federal Aviation Administration communications system
637
191 Withholding security information from disclosure under the Air
Transportation Security Act of 1974 639
14 CFR 0.0 SUBCHAPTERS L -- M (RESERVED)
14 CFR 0.0 SUBCHAPTER N -- WAR RISK INSURANCE
198 Aviation insurance 639
14 CFR 0.0 SUBCHAPTER O -- AIRCRAFT LOAN GUARANTEE PROGRAM
199 Aircraft loan guarantee program 657
14 CFR 0.0 14 CFR Ch. I (1-1-92 Edition)
14 CFR 0.0 Federal Aviation Administration, DOT
14 CFR 0.0 SUBCHAPTER H -- SCHOOLS AND OTHER CERTIFICATED AGENCIES
14 CFR 0.0 PART 140 (RESERVED)
14 CFR 0.0 PART 141 -- PILOT SCHOOLS
14 CFR 0.0 Subpart A -- General
Sec.
141.1 Applicability.
141.3 Certificate required.
141.5 Pilot school certificate.
141.7 Provisional pilot school certificate.
141.9 Examining authority.
141.11 Pilot school ratings.
141.13 Application for issuance, amendment, or renewal.
141.15 Location of facilities.
141.17 Duration of certificates.
141.18 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
141.19 Display of certificate.
141.21 Inspections.
141.23 Advertising limitations.
141.25 Business office and operations base.
141.27 Renewal of certificates and ratings.
141.29 (Reserved)
14 CFR 0.0 Subpart B -- Personnel, Aircraft, and Facilities
Requirements
141.31 Applicability.
141.33 Personnel.
141.35 Chief instructor qualifications.
141.36 Assistant chief instructor qualifications.
141.37 Airports.
141.39 Aircraft.
141.41 Ground trainers and training aids.
141.43 Pilot briefing areas.
141.45 Ground training facilities.
14 CFR 0.0 Subpart C -- Training Course Outline and Curriculum
141.51 Applicability.
141.53 Training course outline: General.
141.55 Training course outline: Contents.
141.57 Special curricula.
14 CFR 0.0 Subpart D -- Examining Authority
141.61 Applicability.
141.63 Application and qualification.
141.65 Privileges.
141.67 Limitations and reports.
14 CFR 0.0 Subpart E -- Operating Rules
141.71 Applicability.
141.73 Privileges.
141.75 Aircraft requirements.
141.77 Limitations.
141.79 Flight instruction.
141.81 Ground training.
141.83 Quality of instruction.
141.85 Chief instructor responsibilities.
141.87 Change of chief instructor.
141.89 Maintenance of personnel, facilities, and equipment.
141.91 Satellite bases.
141.93 Enrollment.
141.95 Graduation certificate.
14 CFR 0.0 Subpart F -- Records
141.101 Training records.
Appendix A to Part 141 -- Private Pilot Certification Course
(Airplanes)
Appendix B to Part 141 -- Private Test Course (Airplanes)
Appendix C to Part 141 -- Instrument Rating Course (Airplanes)
Appendix D to Part 141 -- Commercial Pilot Certification Course
(Airplanes)
Appendix E to Part 141 -- Commercial Test Course (Airplanes)
Appendix F to Part 141 -- Rotorcraft, Gliders, Lighter-Than-Air
Aircraft and Aircraft Rating Courses
Appendix G to Part 141 -- Pilot Ground School Course
Appendix H to Part 141 -- Test Preparation Courses
Authority: Sections 313(a), 314, 601, 602, and 607 of the Federal
Aviation Act of 1958 (49 U.S.C. app. 1354(a), 1355, 1421, 1422, and
1427), and section 6(c) of the Department of Transportation Act (49
U.S.C. app. 1655(c)).
Source: Docket No. 12547, 39 FR 20152, June 6, 1974, unless
otherwise noted.
14 CFR 0.0 Subpart A -- General
14 CFR 141.1 Applicability.
This part prescribes the requirements for issuing pilot school
certificates, provisional pilot school certificates, and associated
ratings and the general operating rules for the holders of those
certificates and ratings.
14 CFR 141.3 Certificate required.
No person may operate as a certificated pilot school without, or in
violation of, a pilot school certificate or provisional pilot school
certificate issued under this part.
14 CFR 141.5 Pilot school certificate.
An applicant is issued a pilot school certificate with associated
ratings for that certificate if --
(a) It meets the pertinent requirements of subparts A through C of
this part; and
(b) Within the 24 months before the date of application, it has
trained and recommended for pilot certification and rating tests, at
least 10 applicants for pilot certificates and ratings and at least 8 of
the 10 most recent graduates tested by an FAA inspector or designated
pilot examiner, passed that test the first time.
14 CFR 141.7 Provisional pilot school certificate.
An applicant is issued a provisional pilot school certificate with
associated ratings if it meets the pertinent requirements of subparts A
through C of this part, but does not meet the recent training activity
requirement specified in 141.5(b).
14 CFR 141.9 Examining authority.
An applicant is issued an examining authority for its pilot school
certificate if it meets the requirements of subpart D of this part.
14 CFR 141.11 Pilot school ratings.
Associated ratings are issued with a pilot school certificate or a
provisional pilot school certificate, specifying each of the following
courses that the school is authorized to conduct:
(a) Certification courses.
(1) Private pilot.
(2) Private test course.
(3) Instrument rating.
(4) Commercial pilot.
(5) Commercial test course.
(6) Additional aircraft rating.
(b) Pilot ground school course.
(1) Pilot ground school.
(c) Test preparation courses.
(1) Flight instructor certification.
(2) Additional flight instructor rating.
(3) Additional instrument rating.
(4) Airline transport pilot certification.
(5) Pilot refresher course.
(6) Agricultural aircraft operations course.
(7) Rotorcraft external load operations course.
(Doc. No. 12547, 39 FR 20152, June 6, 1974; 39 FR 25473, July 11,
1974)
14 CFR 141.13 Application for issuance, amendment, or renewal.
(a) Application for an original certificate and rating, for an
additional rating, or for the renewal of a certificate under this part
is made on a form and in a manner prescribed by the Administrator.
(b) An application for the issuance or amendment of a certificate or
rating must be accompanied by three copies of the proposed training
course outline for each course for which approval is sought.
14 CFR 141.15 Location of facilities.
Neither a pilot school certificate nor a provisional pilot school
certificate is issued for a school having a base or other facilities
located outside the United States unless the Administrator finds that
the location of the base or facilities at that place is needed for the
training of students who are citizens of the United States.
14 CFR 141.17 Duration of certificates.
(a) Unless sooner surrendered, suspended, or revoked, a pilot school
certificate or a provisional pilot school certificate expires --
(1) At the end of the twenty-fourth month after the month in which it
was issued or renewed; or
(2) Except as provided in paragraph (b) of this section, on the date
that any change in ownership of the school or the facilities upon which
its certification is based occurs; or
(3) Upon notice by the Administrator that the school has failed for
more than 60 days to maintain the facilities, aircraft, and personnel
required for at least one of its approved courses.
(b) A change in the ownership of a certificated pilot school or
provisional pilot school does not terminate that certificate if within
30 days after the date that any change in ownership of the school
occurs, application is made for an appropriate amendment to the
certificate and no change in the facilities, instructor, personnel or
training course is involved.
(c) An examining authority issued to the holder of a pilot school
certificate expires on the date that the pilot school certificate
expires, or is surrendered, suspended, or revoked.
14 CFR 141.18 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. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-11, 54 FR 34332, Aug. 18, 1989)
14 CFR 141.19 Display of certificate.
(a) Each holder of a pilot school certificate or a provisional pilot
school certificate shall display that certificate at a place in the
school that is normally accessible to the public and is not obscured.
(b) A certificate shall be made available for inspection upon request
by the Administrator, or an authorized representative of the National
Transportation Safety Board, or of any Federal, State, or local law
enforcement officer.
14 CFR 141.21 Inspections.
Each holder of a certificate issued under this part shall allow the
Administrator to inspect its personnel, facilities, equipment, and
records to determine its compliance with the Federal Aviation Act of
1958, and the Federal Aviation Regulations, and its eligibility to hold
its certificate.
14 CFR 141.23 Advertising limitations.
(a) The holder of a pilot school certificate or a provisional pilot
school certificate may not make any statement relating to its
certification and ratings which is false or designed to mislead any
person contemplating enrollment in that school.
(b) The holder of a pilot school certificate or a provisional pilot
school certificate may not advertise that the school is certificated
unless it clearly differentiates between courses that have been approved
and those that have not.
(c) The holder of a pilot school certificate or a provisional pilot
school certificate --
(1) That has relocated its school shall promptly remove from the
premises it has vacated all signs indicating that the school was
certificated by the Administrator; or
(2) Whose certificate has expired, or has been surrendered,
suspended, or revoked shall promptly remove all indications (including
signs), wherever located, that the school is certificated by the
Administrator.
14 CFR 141.25 Business office and operations base.
(a) Each holder of a pilot school or a provisional pilot school
certificate shall maintain a principal business office with a mailing
address in the name shown on its certificate. The business office shall
have facilities and equipment that are adequate to maintain the required
school files and records and to operate the business of the school. The
office may not be shared with, or used by, another pilot school.
(b) Each certificate holder shall, before changing the location of
its business office or base of operations, notify the FAA Flight
Standards District Office having jurisdiction over the area of the new
location. The notice shall be submitted in writing at least 30 days
before the change. For a change in the holder's base of operations, the
notice shall be accompanied by any amendments needed for the holder's
approved training course outline.
(c) No certificate holder may conduct training at an operations base
other than the one specified in its certificate, until --
(1) The base has been inspected and approved by the FAA Flight
Standards District Office having jurisdiction over the school for use by
the certificate holder; and
(2) The course of training and any needed amendments thereto have
been approved for training at that base.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989)
14 CFR 141.27 Renewal of certificates and ratings.
(a) Pilot school certificates. The holder of a pilot school
certificate may apply for a renewal of the certificate not less than 30
days before the certificate expires. If the school meets the
requirements of this part for the issuance of the certificate, its
certificate is renewed for 24 months.
(b) Pilot school ratings. Each pilot school rating on a pilot school
certificate may be renewed with that certificate for another 24 months
if the Administrator finds that the school meets the requirements
prescribed in this part for the issuance of the rating.
(c) Provisional pilot school certificates. (1) A provisional pilot
school certificate and any ratings on that certificate may not be
renewed. However, the holder of that certificate may apply for a pilot
school certificate with appropriate ratings not less than 30 days before
the provisional certificate expires. The school is issued a pilot
school certificate with appropriate ratings, if it meets the appropriate
requirements of this part.
(2) The holder of a provisional pilot school certificate may not
reapply for a provisional pilot school certificate for at least 180 days
after the date of its expiration.
141.29 (Reserved)
14 CFR 141.27 Subpart B -- Personnel, Aircraft, and Facilities Requirements
14 CFR 141.31 Applicability.
This subpart prescribes the personnel and aircraft requirements for a
pilot school or a provisional pilot school certificate. It also
prescribes the facilities an applicant must have available to him on a
continuous use basis to hold a pilot school or provisional pilot school
certificate. As used in this subpart, a person has the continuous use
of a facility, including an airport, if it has the use of the facility
when needed as the owner, or under a written agreement giving it that
use for at least 6 calendar months from the date of the application for
the initial certificate or a renewal of that certificate.
14 CFR 141.33 Personnel.
(a) An applicant for a pilot school or provisional pilot school
certificate must show that --
(1) It has adequate personnel and authorized instructors, including a
chief instructor for each course of training, who are qualified and
competent to perform the duties to which they are assigned;
(2) Each dispatcher, aircraft handler, line crewman, and serviceman
to be used has been instructed in the procedures and responsibilities of
his employment. (Qualified operations personnel may serve in more than
one capacity with a pilot school or provisional pilot school); and
(3) Each instructor to be used for ground or flight instruction holds
a flight or ground instructor certificate, as appropriate, with ratings
for the course of instruction and any aircraft used in that course.
(b) An applicant for a pilot school or a provisional pilot school
certificate shall designate a chief instructor for each course of
training who meets the requirements of a 141.35 of this part. Where
necessary, the applicant shall also designate at least one instructor to
assist the chief instructor and serve for the chief instructor in his
absence. A chief instructor or his assistant may be designated to serve
in that capacity for more than one approved course but not for more than
one school.
14 CFR 141.35 Chief instructor qualifications.
(a) To be eligible for a designation as a chief flight instructor for
a course of training, a person must meet the following requirements:
(1) Possess a commercial pilot or airline transport pilot certificate
and a valid flight instructor certificate,
(2) Meet the pilot-in-command recent flight experience requirements
of 61.57 of this chapter,
(3) Pass an oral test on teaching methods, applicable provisions of
the Airman's Information Manual, parts 61, 91, and 141 of this chapter,
and the objectives and approved course completion standards of the
course for which the person seeks to obtain designation,
(4) Pass a flight test demonstrating satisfactory performance of and
the ability to instruct on the flight procedures and maneuvers
appropriate to that course, and
(5) Meet the applicable requirements of paragraphs (b), (c), and (d)
of this section. However, a chief flight instructor for a course of
training for gliders, free balloons, or airships is only required to
have 40 percent of the hours required in paragraphs (b) and (c) of this
section.
(b) For a course of training leading to the issuance of a private
pilot certificate or rating, a chief flight instructor must have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with a
rating for the category and class of aircraft used in the course;
(2) At least 1,000 hours as pilot in command;
(3) Primary flight instruction experience, acquired as either a
certificated flight instructor or an instructor in a military pilot
primary flight training program, or a combination thereof, consisting of
at least --
(i) Two years and a total of 500 flight hours; or
(ii) 1,000 flight hours.
(c) For a course of training leading to the issuance of an instrument
rating or a rating with instrument privileges, a chief flight instructor
must have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with an
appropriate instrument rating;
(2) At least 100 hours of flight time under actual or simulated
instrument conditions;
(3) At least 1,000 hours as pilot in command;
(4) Instrument flight instructor experience, acquired as either a
certificated instrument flight instructor or an instructor in a military
pilot basic or instrument flight training program, or a combination
thereof; consisting of at least --
(i) Two years and a total of 250 flight hours; or
(ii) 400 flight hours.
(d) For a course of training other than those that lead to the
issuance of a private pilot certificate or rating, or an instrument
rating or a rating with instrument privileges, a chief flight instructor
must have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with a
rating for the category and class of aircraft used in the course of
training and, for a course of training using airplanes or airships, an
instrument rating on the instructor's commercial pilot certificate;
(2) At least 2,000 hours as pilot in command;
(3) Flight instruction experience, acquired as either a certificated
flight instructor or an instructor in a military pilot primary or basic
flight training program or a combination thereof, consisting of at least
--
(i) Three years and a total of 1,000 flight hours; or
(ii) 1,500 flight hours.
(e) To be eligible for a designation as a chief instructor for a
ground school course, a person must have 1 year of experience as a
ground school instructor in a certificated pilot school.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-4, 56 FR 11327, Mar. 15, 1991)
14 CFR 141.36 Assistant chief instructor qualifications.
(a) To be eligible for a designation as an assistant chief flight
instructor for a course of training, a person must meet the following
requirements:
(1) Possess a commercial pilot or airline transport pilot certificate
and a valid flight instructor certificate,
(2) Meet the pilot-in-command recent flight experience requirements
of 61.57 of this chapter,
(3) Pass an oral test on teaching methods, applicable provisions of
the Airman's Information Manual, parts 61, 91, and 141 of this chapter,
and the objectives and approved course completion standards of the
course for which the person seeks to obtain designation,
(4) Pass a flight test on the flight procedures and maneuvers
appropriate to that course, and
(5) Meet the applicable requirements of paragraphs (b), (c), and (d)
of this section. However, an assistant chief flight instructor for a
course of training for gliders, free balloons, or airships is only
required to have 40 percent of the hours required in paragraphs (b) and
(c) of this section.
(b) For a course of training leading to the issuance of a private
pilot certificate or rating, an assistant chief flight instructor must
have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with a
rating for the category and class of aircraft used in the course;
(2) At least 500 hours as pilot in command;
(3) Primary flight instruction experience, acquired as either a
certificated flight instructor or an instructor in a military pilot
primary flight training program, or a combination thereof, consisting of
at least --
(i) One year and a total of 250 flight hours; or
(ii) 500 flight hours.
(c) For a course of training leading to the issuance of an instrument
rating or a rating with instrument privileges, an assistant chief flight
instructor must have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with on
appropriate instrument rating;
(2) At least 50 hours of flight time under actual or simulated
instrument conditions;
(3) At least 500 hours as pilot in command;
(4) Instrument flight instructor experience, acquired as either a
certificated instrument flight instructor or an instructor in a military
pilot basic or instrument flight training program, or a combination
thereof, consisting of at least --
(i) One year and a total of 125 flight hours; or
(ii) 200 flight hours.
(d) For a course of training other than those that lead to the
issuance of a private pilot certificate or rating, or an instrument
rating or a rating with instrument privileges, an assistant chief flight
instructor must have --
(1) At least a commercial pilot or airline transport pilot
certificate and a valid flight instructor certificate, each with a
rating for the category and class of aircraft used in the course of
training and, for a course of training using airplanes or airships, an
instrument rating on the instructor's commercial pilot certificate;
(2) At least 1,000 hours as pilot in command;
(3) Flight instruction experience, acquired as either a certificated
flight instructor or an instructor in a military pilot primary or basic
flight training program or a combination thereof, consisting of at least
--
(i) One and one half years and a total of 500 flight hours; or
(ii) 750 flight hours.
(e) To be eligible for a designation as an assistant chief instructor
for a ground school course, a person must have one year of experience as
a ground school instructor in a certificated pilot school.
(Amdt. 141-4, 56 FR 11327, Mar. 15, 1991)
14 CFR 141.37 Airports.
(a) An applicant for a pilot school certificate or a provisional
pilot school certificate must show that it has continuous use of each
airport at which training flights originate.
(b) Each airport used for airplanes and gliders must have at least
one runway or takeoff area that allows training aircraft to make a
normal takeoff or landing at full gross weight --
(1) Under calm wind (not more than five miles per hour) conditions
and temperatures equal to the mean high temperature for the hottest
month of the year in the operating area;
(2) Clearing all obstacles in the takeoff flight path by at least 50
feet;
(3) With the powerplant operation and landing gear and flap
operation, if applicable recommended by the manufacturer; and
(4) With smooth transition from liftoff to the best rate of climb
speed without exceptional piloting skills or techniques.
(c) Each airport must have a wind direction indicator that is visible
from the ends of each runway at ground level.
(d) Each airport must have a traffic direction indicator when the
airport has not operating control tower and UNICOM advisories are not
available.
(e) Each airport used for night training flights must have permanent
runway lights.
14 CFR 141.39 Aircraft.
An applicant for a pilot school or provisional pilot school
certificate must show that each aircraft used by that school for flight
instruction and solo flights meets the following requirements:
(a) It must be registered as a civil aircraft of the United States.
(b) Except for aircraft used for flight instruction and solo flights
in a course of training for agricultural aircraft operations, external
load operations and similar aerial work operations, it must be
certificated in the standard airworthiness category.
(c) It must be maintained and inspected in accordance with the
requirements of part 91 of this chapter that apply to aircraft used to
give flight instruction for hire.
(d) For use in flight instruction, it must be at least a two place
aircraft having engine power controls and flight controls that are
easily reached and that operate in a normal manner from both pilot
stations.
(e) For use in IFR en route operations and instrument approaches, it
must be equipped and maintained for IFR operations. However, for
instruction in the control and precision maneuvering of an aircraft by
reference to instruments, the aircraft may be equipped as provided in
the approved course of training.
14 CFR 141.41 Ground trainers and training aids.
An applicant for a pilot school or a provisional pilot school
certificate must show that its ground trainers, and training aids and
equipment meet the following requirements:
(a) Pilot ground trainers. (1) Each pilot ground trainer used to
obtain the maximum flight training credit allowed for ground trainers in
an approved pilot training course curriculum must have --
(i) An enclosed pilot's station or cockpit which accommodates one or
more flight crewmembers;
(ii) Controls to simulate the rotation of the trainer about three
axes;
(iii) The minimum instrumentation and equipment required for powered
aircraft in 91.205 of this chapter, for the type of flight operations
simulated;
(iv) For VFR instruction, a means for simulating visual flight
conditions, including motion of the trainer, or projections, or models
operated by the flight controls; and
(v) For IFR instruction, a means for recording the flight path
simulated by the trainer.
(2) Pilot ground trainers other than those covered under paragraph
(a)(1) of this section must have --
(i) An enclosed pilot's station or cockpit, which accommodates one or
more flight crewmembers;
(ii) Controls to simulate the rotation of the trainer about three
axes; and
(iii) The minimum instrumentation and equipment required for powered
aircraft in 91.205 of this chapter, for the type of flight operations
simulated.
(b) Training aids and equipment. Each training aid, including any
audio-visuals, mockup, chart, or aircraft component listed in the
approved training course outline must be accurate and appropriate to the
course for which it is used.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-11, 54 FR 34332, Aug. 18, 1989)
14 CFR 141.43 Pilot briefing areas.
(a) An applicant for a pilot school or provisional pilot school
certificate must show that it has the continuous use of a briefing area
located at each airport at which training flights originate, that is --
(1) Adequate to shelter students waiting to engage in their training
flights;
(2) Arranged and equipped for the conduct of pilot briefings; and
(3) For a school with an instrument or commercial pilot course
rating, equipped with private landline or telephone communication to the
nearest FAA Flight Service Station, except that this communication
equipment is not required if the briefing area and the flight service
station are located on the same airport and are readily accessible to
each other.
(b) A briefing area required by paragraph (a) of this section may not
be used by the applicant if it is available for use by any other pilot
school during the period it is required for use by the applicant.
14 CFR 141.45 Ground training facilities.
An applicant for a pilot school or provisional pilot school
certificate must show that each room, training booth, or other space
used for instructional purposes is heated, lighted, and ventilated to
conform to local building, sanitation, and health codes. In addition,
the training facility must be so located that the students in that
facility are not distracted by the instruction conducted in other rooms,
or by flight and maintenance operations on the airport.
14 CFR 141.45 Subpart C -- Training Course Outline and Curriculum
14 CFR 141.51 Applicability.
This subpart prescribes the curriculum and course outline
requirements for the issuance of a pilot school or provisional pilot
school certificate and ratings.
14 CFR 141.53 Training course outline: General.
(a) General. An applicant for a pilot school or provisional pilot
school certificate must obtain the Administrator's approval of the
outline of each training course for which certification and rating is
sought.
(b) Application. An application for the approval of an initial or
amended training course outline is made in triplicate to the FAA Flight
Standards District Office having jurisdiction over the area in which the
operations base of the applicant is located. It must be made at least
30 days before any training under that course, or any amendment thereto,
is scheduled to begin. An application for an amendment to an approved
training course must be accompanied by three copies of the pages in the
course outline for which an amendment is requested.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989)
14 CFR 141.55 Training course outline: Contents.
(a) General. The outline for each course of training for which
approval is requested must meet the minimum curriculum for that course
prescribed in the appropriate appendix of this part, and contain the
following information:
(1) A description of each room used for ground training, including
its size and the maximum number of students that may be instructed in
the room at one time.
(2) A description of each type of audio-visual aid, projector, tape
recorder, mockup, aircraft component and other special training aid used
for ground training.
(3) A description of each pilot ground trainer used for instruction.
(4) A listing of the airports at which training flights originate and
a description of the facilities, including pilot briefing areas that are
available for use by the students and operating personnel at each of
those airports.
(5) A description of the type of aircraft including any special
equipment, used for each phase of instruction.
(6) The minimum qualifications and ratings for each instructor used
for ground or flight training.
(b) Training syllabus. In addition to the items specified in
paragraph (a) of this section, the course outline must include a
training syllabus for each course of training that includes at least the
following information:
(1) The pilot certificate and ratings, if any; the medical
certificate, if necessary; and the training, pilot experience and
knowledge, required for enrollment in the course.
(2) A description of each lesson, including its objectives and
standards and the measurable unit of student accomplishment or learning
to be derived from the lesson or course.
(3) The stage of training (including the standards therefor) normally
accomplished within each training period of not more than 90 days.
(4) A description of the tests and checks used to measure a student's
accomplishment for each stage of training.
14 CFR 141.57 Special curricula.
An applicant for a pilot school or provisional pilot school
certificate may apply for approval to conduct a special course of pilot
training for which a curriculum is not prescribed in the appendixes to
this part, if it shows that the special course of pilot training
contains features which can be expected to achieve a level of pilot
competency equivalent to that achieved by the curriculum prescribed in
the appendixes to this part or the requirements of part 61 of this
chapter.
14 CFR 141.57 Subpart D -- Examining Authority
14 CFR 141.61 Applicability.
This subpart prescribes the requirements for the issuance of an
examining authority to the holder of a pilot school certificate and the
privileges and limitations of that authority.
14 CFR 141.63 Application and qualification.
(a) Application for an examining authority is made on a form and in a
manner prescribed by the Administrator.
(b) To be eligible for an examining authority an applicant must hold
a pilot school certificate. In addition, the applicant must show that
--
(1) It has actively conducted a certificated pilot school for at
least 24 months before the date of application; and
(2) Within the 24 months before the date of application for the
examining authority, at least 10 students were graduated from the course
for which the authority is requested, and at least 9 of the most recent
10 graduates of that course, who were given an interim or final test by
an FAA inspector or a designated pilot examiner, passed that test the
first time.
14 CFR 141.65 Privileges.
The holder of an examining authority may recommend graduates of the
school's approved certification courses for pilot certificates and
ratings except flight instructor certificates, airline transport pilot
certificates and ratings, and turbojet type ratings, without taking the
FAA flight or written test, or both, in accordance with the provisions
of this subpart.
14 CFR 141.67 Limitations and reports.
(a) The holder of an examining authority may not recommend any person
for the issuance of a pilot certificate or rating without taking the FAA
written or flight test unless that person has --
(1) Been enrolled by the holder of the examining authority in its
approved course of training for the particular pilot certificate or
rating recommended; and
(2) Satisfactorily completed all of that course of training at its
school.
(b) Each final written or flight test given by the holder of an
examining authority to a person who has completed the approved course of
training must be at least equal in scope, depth, and difficulty to the
comparable written or flight test prescribed by the Administrator under
part 61 of this chapter.
(c) A final ground school written test may not be given by the holder
of an examining authority to a student enrolled in its approved course
of training unless the test has been approved by the FAA Flight
Standards District Office having jurisdiction over the area in which the
holder of the examining authority is located. In addition, an approved
test may not be given by the holder of an examining authority when --
(1) It knows or has reason to believe that the test has been
compromised; or
(2) It has been notified that the Flight Standards District Office
knows or has reason to believe that the test has been compromised.
(d) The holder of an examining authority shall submit to the FAA
Flight Standards District Office a copy of the appropriate training
record for each person recommended by it for a pilot certificate or
rating.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989)
14 CFR 141.67 Subpart E -- Operating Rules
14 CFR 141.71 Applicability.
This subpart prescribes the operating rules that are applicable to a
pilot school or provisional pilot school certificated under the
provisions of this part.
14 CFR 141.73 Privileges.
(a) The holder of a pilot school or a provisional pilot school
certificate may advertise and conduct approved pilot training courses in
accordance with the certificate and ratings that it holds.
(b) A certificate pilot school holding an examining authority for a
certification course may recommend each graduate of that course for the
issuance of a pilot certificate and rating appropriate to that course
without the necessity of taking an FAA written or flight test from an
FAA inspector or designated pilot examiner.
14 CFR 141.75 Aircraft requirements.
(a) A pretakeoff and prelanding checklist, and the operator's
handbook for the aircraft (if one is furnished by the manufacturer) or
copies of the handbook if furnished to each student using the aircraft,
must be carried on each aircraft used for flight instruction and solo
flights.
(b) Each aircraft used for flight instruction and solo flight must
have a standard airworthiness certificate, except that an aircraft
certificated in the restricted category may be used for flight training
and solo flights conducted under special courses for agricultural
aircraft operation, external load operations, and similar aerial work
operations if its use for training is not prohibited by the operating
limitations for the aircraft.
14 CFR 141.77 Limitations.
(a) The holder of a pilot school or a provisional pilot school
certificate may not issue a graduation certificate to a student, nor may
a certificated pilot school recommend a student for a pilot certificate
or rating, unless the student has completed the training therefor
specified in the school's course of training and passed the required
final tests.
(b) The holder of a pilot school or a provisional pilot school
certificate may not graduate a student from a course of training unless
he has completed all of the curriculum requirements of that course. A
student may be credited, but not for more than one-half of the
curriculum requirements, with previous pilot experience and knowledge,
based upon an appropriate flight check or test by the school. Course
credits may be transferred from one certificated school to another. The
receiving school shall determine the amount to be transferred, based on
a flight check or written test, or both, of the student. Credit for
training and instruction received in another school may not be given
unless --
(1) The other school holds a certificate issued under this part and
certifies to the kind and amount of training and to the result of each
stage and final test given to that student;
(2) The training and instruction was conducted by the other school in
accordance with that school's approved training course; and
(3) The student was enrolled in the other school's approved training
course before he received the instruction and training.
14 CFR 141.79 Flight instruction.
(a) No person other than a flight instructor who has the ratings and
the minimum qualifications specified in the approved training course
outline may give a student flight instruction under an approved course
of training.
(b) No student pilot may be authorized to start a solo practice
flight from an airport until the flight has been approved by an
authorized flight instructor who is present at that airport.
(c) Each chief flight instructor must complete at least once each 12
months, a flight instructor refresher course consisting of not less than
24 hours of ground or flight instruction, or both.
(d) Each flight instructor for an approved course of training must
satisfactorily accomplish a flight check given to him by the designated
chief flight instructor for the school by whom he is employed. He must
also satisfactorily accomplish this flight check each 12 months from the
month in which the initial check is given. In addition, he must
satisfactorily accomplish a flight check in each type of aircraft in
which he gives instruction.
(e) An instructor may not be used in an approved course of training
until he has been briefed in regard to the objectives and standards of
the course by the designated chief instructor or his assistant.
14 CFR 141.81 Ground training.
(a) Except as provided in paragraph (b) of this section, each
instructor used for ground training in an approved course of training
must hold a flight or ground instructor certificate with an appropriate
rating for the course of training.
(b) A person who does not meet the requirements of paragraph (a) of
this section may be used for ground training in an approved course of
training if --
(1) The chief instructor for that course of training finds him
qualified to give that instruction; and
(2) The instruction is given under the direct supervision of the
chief instructor or the assistant chief instructor who is present at the
base when the instruction is given.
(c) An instructor may not be used in an approved course of training
until he has been briefed in regard to the objectives and standards of
that course by the designated chief instructor or his assistant.
14 CFR 141.83 Quality of instruction.
(a) Each holder of a pilot school or provisional pilot school
certificate must comply with the approved course of training and must
provide training and instruction of such quality that at least 8 out of
the 10 students or graduates of that school most recently tested by an
FAA inspector or designated pilot examiner, passed on their first
attempt either of the following tests:
(1) A test for a pilot certificate or rating, or for an operating
privilege appropriate to the course from which the student graduated;
or
(2) A test given to a student to determine his competence and
knowledge of a completed stage of the training course in which he is
enrolled.
(b) The failure of a certificated pilot school or provisional pilot
school to maintain the quality of instruction specified in paragraph (a)
of this section is considered to be the basis for the suspension or
revocation of the certificate held by that school.
(c) The holder of a pilot school or provisional pilot school
certificate shall allow the Administrator to make any test, flight
check, or examination of its students to determine compliance with its
approved course of training and the quality of its instruction and
training. A flight check conducted under the provisions of this
paragraph is based upon the standards prescribed in the school's
approved course of training. However, if the student has completed a
course of training for a pilot certificate or rating, the flight test is
based upon the standards prescribed in part 61 of this chapter.
14 CFR 141.85 Chief instructor responsibilities.
(a) Each person designated as a chief instructor for a certificated
pilot school or provisional pilot school shall be responsible for --
(1) Certifying training records, graduation certificates, stage and
final test reports, and student recommendations;
(2) Conducting an initial proficiency check of each instructor before
he is used in an approved course of instruction and, thereafter, at
least once each 12 months from the month in which the initial check was
conducted;
(3) Conducting each stage or final test given to a student enrolled
in an approved course of instruction; and
(4) Maintaining training techniques, procedures, and standards for
the school that are acceptable to the Administrator.
(b) The chief instructor or designated assistant chief instructor
shall be available at the pilot school or, if away from the premises, by
telephone, radio, or other electronic means during the time that
instruction is given for an approved course of training.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-4, 56 FR 11328, Mar. 15, 1991)
14 CFR 141.87 Change of chief instructor.
(a) The holder of a pilot school or provisional pilot school
certificate shall immediately notify in writing the FAA Flight Standards
District Office having jurisdiction over the area in which the school is
located, of any change in its designation of a chief instructor of an
approved training course.
(b) The holder of a pilot school or provisional pilot school
certificate may, after providing the notification required in paragraph
(a) of this section and pending the designation and approval of another
chief instructor, conduct training or instruction without a chief
instructor for that course of training for a period of not more than 60
days. However, during that time each stage or final test of a student
enrolled in that approved course of training must be given by an FAA
inspector, or a designated pilot examiner.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989)
14 CFR 141.89 Maintenance of personnel, facilities, and equipment.
The holder of a pilot school or provisional pilot school certificate
may not give instruction or training to a student who is enrolled in an
approved course of training unless --
(a) Each airport, aircraft, and facility necessary for that
instruction or training meets the standards specified in the holder's
approved training course outline and the appropriate requirements of
this part; and
(b) Except as provided in 141.87, each instructor or chief
instructor meets the qualifications specified in the holder's approved
course of training and the appropriate requirements of this part.
14 CFR 141.91 Satellite bases.
The holder of a pilot school or provisional pilot school certificate
may conduct ground or flight training and instruction in an approved
course of training at a base other than its main operations base if --
(a) An assistant chief instructor is designated for each satellite
base, and that assistant chief instructor shall be available at the
satellite pilot school or, if away from the premises, by telephone,
radio, or other electronic means during the time that instruction is
given for an approved course of training;
(b) The airport, facilities, and personnel used at the satellite base
meet the appropriate requirements of subpart B of this part and its
approved training course outline;
(c) The instructors are under the direct supervision of the chief
flight instructor or assistant chief flight instructor for the
appropriate training course, who is readily available for consultation
in accordance with 141.85(b); and
(d) The FAA Flight Standards District Office having juridiction over
the area in which the school is located is notified in writing if
training or instruction is conducted there for more than seven
consecutive days.
(Doc. No. 12457, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989; Amdt. 141-4, 56 FR 11328, Mar. 15,
1991)
14 CFR 141.93 Enrollment.
(a) The holder of a pilot school or a provisional pilot school
certificate shall furnish each student, at the time he is enrolled in
each approved training course, with the following:
(1) A certificate of enrollment containing --
(i) The name of the course in which he is enrolled; and
(ii) The date of that enrollment.
(2) A copy of the training syllabus required under 141.55(b).
(3) A copy of the safety procedures and practices developed by the
school covering the use of its facilities and the operation of its
aircraft, including instructions on the following:
(i) The weather minimums required by the school for dual and solo
flights.
(ii) The procedures for starting and taxiing aircraft on the ramp.
(iii) Fire precautions and procedures.
(iv) Redispatch procedures after unprogrammed landings, on and off
airports.
(v) Aircraft discrepancies and write offs.
(vi) Securing of aircraft when not in use.
(vii) Fuel reserves necessary for local and cross-country flights.
(viii) Avoidance of other aircraft in flight and on the ground.
(ix) Minimum altitude limitations and simulated emergency landing
instructions.
(x) Description and use of assigned practice areas.
(b) The holder of a pilot school or provisional pilot school
certificate shall, within 5 days after the date of enrollment, forward a
copy of each certificate of enrollment required by paragraph (a)(1) of
this section to the FAA Flight Standards District Office having
jurisdiction over the area in which the school is located.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-3, 54 FR 39295, Sept. 25, 1989)
14 CFR 141.95 Graduation certificate.
(a) The holder of a pilot school or provisional pilot school
certificate shall issue a graduation certificate to each student who
completes its approved course of training.
(b) The certificate shall be issued to the student upon his
completion of the course of training and contain at least the following
information:
(1) The name of the school and the number of the school certificate.
(2) The name of the graduate to whom it was issued.
(3) The course of training for which it was issued.
(4) The date of graduation.
(5) A statement that the student has satisfactorily completed each
required stage of the approved course of training including the tests
for those stages.
(6) A certification of the information contained in the certificate
by the chief instructor for that course of training.
(7) A statement showing the cross-country training the student
received in the course of training.
14 CFR 141.95 Subpart F -- Records
14 CFR 141.101 Training records.
(a) Each holder of a pilot school or provisional pilot school
certificate shall establish and maintain a current and accurate record
of the participation and accomplishment of each student enrolled in an
approved course of training conducted by the school (the student's
logbook is not acceptable for this record). The record shall include --
(1) The date the student was enrolled;
(2) A chronological log of the student's attendance, subjects, and
flight operations covered in his training and instruction, and the names
and grades of any tests taken by the student; and
(3) The date the student graduated, terminated his training, or
transferred to another school.
(b) Whenever a student graduates, terminates his training, or
transfers to another school, his record shall be certified to that
effect by the chief instructor.
(c) The holder of a certificate for a pilot school or a provisional
pilot school shall retain each student record required by this section
for at least 1 year from the date that the student graduates from the
course to which the record pertains, terminates his enrollment in that
course, or transfers to another school.
(d) The holder of a certificate for a pilot school or a provisional
pilot school shall, upon request of a student, make a copy of his record
available to him.
14 CFR 141.101 Pt. 141, App. A
14 CFR 141.101 Appendix A to Part 141 -- Private Pilot Certification
Course (Airplanes)
1. Applicability. This Appendix prescribes the minimum curriculum for
a private pilot certification course (airplanes) required by 141.55.
2. Ground training. The course must consist of at least 35 hours of
ground training in the following subjects:
(a) The Federal Aviation Regulations applicable to private pilot
privileges, limitations, and flight operations; the rules of the
National Transportation Safety Board pertaining to accident reporting;
the use of the Airman's Information Manual; and the FAA Advisory
Circular System.
(b) VFR navigation using pilotage, dead reckoning, and radio aids.
(c) The recognition of critical weather situations from the ground
and in flight and the procurement and use of aeronautical weather
reports and forecasts.
(d) The safe and efficient operation of airplanes, including high
density airport operations, collision avoidance precautions, and radio
communication procedures.
(e) Stall awareness, spin entry, spins, and spin recovery techniques.
3. Flight training.
(a) The course must consist of at least 35 hours of the flight
training listed in this section and section 4 of this Appendix.
Instruction in a pilot ground trainer that meets the requirements of
141.41(a)(1) may be credited for not more than 5 of the required 35
hours of flight time. Instruction in a pilot ground trainer that meets
the requirement of 141.41(a)(2) may be credited for not more than 2.5
hours of the required 35 hours of flight time.
(b) Each training flight must include a preflight briefing and a
postflight critique of the student by the instructor assigned to that
flight.
(c) Flight training must consist of at least 20 hours of instruction
in the following subjects:
(1) Preflight operations, including weight and balance determination,
line inspection, starting and runups, and airplane servicing.
(2) Airport and traffic pattern operations, including operations at
controlled airports, radio communications, and collision avoidance
precautions.
(3) Flight maneuvering by reference to ground objects.
(4) Flight at slow airspeeds with realistic distractions, recognition
of and recovery from stalls entered from straight flight and from turns.
(5) Normal and crosswind takeoffs and landings.
(6) Control and maneuvering an airplane solely by reference to
instruments, including emergency descents and climbs using radio aids or
radar directives.
(7) Cross-country flying using pilotage, dead reckoning, and radio
aids, including a two-hour dual flight at least part of which must be on
Federal airways.
(8) Maximum performance takeoffs and landings.
(9) Night flying, including 5 takeoffs and landings as sole
manipulator of the controls, and VFR navigation.
(10) Emergency operations, including simulated aircraft and equipment
malfunctions, lost procedures, and emergency go-arounds.
4. Solo flights. The course must provide at least 15 hours of solo
flights, including:
(a) Solo practice. Directed solo practice on all VFR flight
operations for which flight instruction is required (except simulated
emergencies) to develop proficiency, resourcefulness, and self-reliance.
(b) Cross-country flights. (1) Ten hours of cross-country flights,
each flight with a landing at a point more than 50 nautical miles from
the original departure point. One flight must be of at least 300
nautical miles with landings at a minimum of three points, one of which
is at least 100 nautical miles from the original departure point.
(2) If a pilot school or a provisional pilot school shows that it is
located on an island from which cross-country flights cannot be
accomplished without flying over water more than 10 nautical miles from
the nearest shoreline, it need not include cross-country flights under
paragraph (1) of this paragraph. However, if other airports that permit
civil operations are available to which a flight may be made without
flying over water more than 10 nautical miles from the nearest
shoreline, the school must include in its course, two round trip solo
flights between those airports that are farthest apart, including a
landing at each airport on both flights.
5. Stage and final tests. (a) Each student enrolled in a private
pilot certification course must satisfactorily accomplish the stage and
final tests prescribed in this section. The written tests may not be
credited for more than 3 hours of the 35 hours of required ground
training, and the flight tests may not be credited for more than 4 hours
of the 35 hours of required flight training.
(b) Each student must satisfactorily accomplish a written examination
at the completion of each stage of training specified in the approved
training syllabus for the private pilot certification course and a final
test at the conclusion of that course.
(c) Each student must satisfactorily accomplish a flight test at the
completion of the first solo flight and at the completion of the first
solo cross-country flight and at the conclusion of that course.
(Doc. No. 12547, 39 FR 20152, June 6, 1974; 39 FR 25473, July 11,
1974, as amended by Amdt. 141-1, 47 FR 46066, Oct. 14, 1982; Amdt.
141-4, 56 FR 11328, Mar. 15, 1991)
14 CFR 141.101 Pt. 141, App. B
14 CFR 141.101 Appendix B to Part 141 -- Private Test Course
(Airplanes)
1. Applicability. This Appendix prescribes the minimum curriculum for
a private test course (airplanes) required by 141.55.
2. Experience. For enrollment as a student in a private test course
(airplanes) an applicant must --
(a) Have logged at least 30 hours of flight time as a pilot; and
(b) Have such experience and flight training that upon completion of
his approved private test course (airplanes) he will meet the
aeronautical experience requirements prescribed in part 61 of this
chapter for a private pilot certificate.
3. Ground training. The course must consist of at least 35 hours of
ground training in the subjects listed in section 2 of Appendix A of
this part.
4. Flight training. (a) The course must consist of a total of at
least 10 hours of flight instruction in the subjects listed in section
3(c) of Appendix A of this part.
(b) Each training flight must include a preflight briefing and a
postflight critique of the student by the instructor assigned to that
flight.
5. Stage and final tests. Each student enrolled in the course must
satisfactorily accomplish the final tests prescribed in 5 of Appendix A
of this part. Written tests may not be credited for more than 3 hours
of the required 35 hours of ground training, and the flight tests may
not be credited for more than 2 hours of the required 10 hours of flight
training.
14 CFR 141.101 Pt. 141, App. C
14 CFR 141.101 Appendix C to Part 141 -- Instrument Rating Course
(Airplanes)
1. Applicability. This Appendix prescribes the minimum curriculum for
a training course for an Instrument Rating Course (airplanes) required
by 141.55.
2. Ground training. The course must consist of at least 30 hours of
ground training instruction in the following subjects:
(a) The Federal Aviation Regulations that apply to flight under IFR
conditions, the IFR air traffic system and procedures, and the
provisions of the Airman's Information Manual pertinent to IFR flights.
(b) Dead reckoning appropriate to IFR navigation, IFR navigation by
radio aids using the VOR, ADF, and ILS systems, and the use of IFR
charts and instrument approach procedure charts.
(c) The procurement and use of aviation weather reports and
forecasts, and the elements of forecasting weather trends on the basis
of that information and personal observation of weather conditions.
(d) The function, use, and limitations of flight instruments required
for IFR flight, including transponders, radar and radio aids to
navigation.
3. Flight training. The course must consist of at least 35 hours of
instrument flight instruction given by an appropriately rated flight
instructor, covering the operations listed in paragraphs (a) through (d)
of this section. Instruction given by an authorized instructor in a
pilot ground trainer which meets the requirements of 141.41(a)(1) may
be credited for not more than 15 hours of the required flight
instruction. Instruction in a pilot ground trainer that meets the
requirements of 141.41(a)(2) may be credited for not more than 7.5 of
the required 35 hours of flight time.
(a) Control and accurate maneuvering of an airplane solely by
reference to flight instruments.
(b) IFR navigation by the use of VOR and ADF systems, including time,
speed and distance computations and compliance with air traffic control
instructions and procedures.
(c) Instrument approaches to published minimums using the VOR, ADF,
and ILS systems (instruction in the use of the ILS glide slope may be
given in an instrument ground trainer or with an airborne ILS
simulator).
(d) Cross-country flying in simulated or actual IFR conditions, on
Federal airways or as routed by ATC, including one such trip of at least
250 nautical miles including VOR, ADF, and ILS approaches at different
airports.
(e) Emergency procedures appropriate to the maneuvering of an
airplane solely by reference to flight instruments.
4. Stage and final tests.
(a) Each student must satisfactorily accomplish a written test at the
completion of each stage of training specified in the approved training
syllabus for the instrument rating course. In addition, he must
satisfactorily accomplish a final written test at the conclusion of that
course. The written tests may not be credited for more than 5 hours of
the 30 hours of required ground training.
(b) Each student must satisfactorily accomplish a flight stage test
at the completion of each operation listed in paragraphs (a), (b), and
(c) of section 3 of this Appendix. In addition, he must satisfactorily
accomplish a final flight test at the completion of the course. The
stage and final tests may not be credited for more than 5 hours of the
required 35 hours of flight training.
14 CFR 141.101 Pt. 141, App. D
14 CFR 141.101 Appendix D to Part 141 -- Commercial Pilot Certification
Course (Airplanes)
1. Applicability. This Appendix prescribes the minimum curriculum for
a commercial pilot certification course (airplanes) required by 141.55.
2. Ground training. The course must consist of at least 100 hours of
ground training instruction in the following subjects:
(a) The ground training subjects prescribed in section 2 of Appendix
A of this part for a private pilot certification course, except the
private pilot privileges and limitations of paragraph (a) of that
section.
(b) The ground training subjects prescribed in section 2 of Appendix
C of this part 141 for an Instrument Rating Course.
(c) The Federal Aviation Regulations covering the privileges,
limitations, and operations of a commercial pilot, and the operations
for which an air taxi/commercial operator, agricultural aircraft
operator, and external load operator certificate, waiver, or exemption
is required.
(d) Basic aerodynamics, and the principles of flight which apply to
airplanes.
(e) The safe and efficient operation of airplanes, including
inspection and certification requirements, operating limitations, high
altitude operations and physiological considerations, loading
computations, the significance of the use of airplane performance
speeds, the computations involved in runway and obstacle clearance and
crosswind component considerations, and cruise control.
3. Flight training -- (a) General. The course must consist of at
least 190 hours of the flight training and instruction prescribed in
this section. Instruction in a pilot ground trainer that meets the
requirements of 141.41(a)(1) may be credited for not more than 40 hours
of the required 190 hours of flight time. Instruction in a pilot ground
trainer that meets the requirements of 141.41(a)(2) may be credited for
not more than 20 hours of the required 190 hours of flight time.
(b) Flight instruction. The course must consist of at least 75 hours
of instruction in the operations listed in subparagraphs (1) through (6)
of this paragraph. Instruction in a pilot ground trainer that meets the
requirements of 141.41(a)(1) may be credited for not more than 20 hours
of the required 75 hours. Instruction in a pilot ground trainer that
meets the requirements of 141.41(a)(2) may be credited for not more
than 10 hours of the required 75 hours.
(1) The pilot operations for the Private Pilot Course prescribed in
section 3 of Appendix A of this part.
(2) The IFR operations for the Instrument Rating Course prescribed in
section 3 of Appendix C of this part.
(3) Ten hours of flight instruction in an airplane with retractable
gear, flaps, a controllable propeller, and powered by at least 180 hp.
engine.
(4) Night flying, including a cross-country night flight with a
landing at a point more than 100 miles from the point of departure.
(5) Normal and maximum performance takeoffs and landings using
precision approaches and prescribed airplane performance speeds,
including operations at maximum authorized takeoff weight.
(6) Emergency procedures appropriate to VFR and IFR flight and to the
operation of complex airplane systems.
(c) Solo practice. The course must consist of at least 100 hours of
the flights listed in paragraphs (1) through (4) of this paragraph.
Flight time as pilot in command of an airplane carrying only those
persons who are pilots assigned by the school to specific flight crew
duties on the flight may be credited for not more than 50 hours of that
requirement.
(1) Directed solo practice on each VFR operation for which flight
instruction is required (except simulated emergencies).
(2) At least 40 hours of solo cross-country flights, each flight with
a landing at a point more than 50 nautical miles from the original
departure point. One flight must have landings at a minimum of three
points, one of which is at least 150 nautical miles from the original
departure point if the flight is conducted in Hawaii, or at least 250
nautical miles from the original departure point if it is conducted
elsewhere.
(3) At least 5 hours of pilot in command time in an airplane
described in paragraph (b)(3) of this section, including not less than
10 takeoffs and 10 landings to a full stop.
(4) At least 5 hours of night flight, including at least 10 takeoffs
and 10 landings to a full stop.
4. Stage and final tests -- (a) Written examinations. Each student
enrolled in the course must satisfactorily accomplish a written test
upon the completion of each stage of training specified in the approved
training syllabus for the commercial pilot certification course. In
addition, he must satisfactorily accomplish a final stage test at the
completion of all of that course. The stage and final tests may be
credited for not more than 6 hours of the required 100 hours of ground
training.
(b) Flight tests. Each student enrolled in a commercial pilot
certification course (airplanes) must satisfactorily accomplish a stage
flight test at the completion of each of the stages listed in paragraphs
(1), (2), (3), (4), and (5), of this paragraph. In addition, he must
satisfactorily accomplish a final test at the completion of all of those
stages. The stage and final tests may not be credited for more than 10
hours of the required 190 hours of flight training.
(1) Solo.
(2) Cross-country.
(3) High performance airplane operations.
(4) IFR operations.
(5) Commercial Pilot Course test, VFR and IFR.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-1, 47 FR 46066, Oct. 14, 1982)
14 CFR 141.101 Pt. 141, App. E
14 CFR 141.101 Appendix E to Part 141 -- Commercial Test Course
(Airplanes)
1. Applicability. This Appendix prescribes the minimum curriculum for
a commercial test course (airplanes) required by 141.55.
2. Experience. For enrollment as a student in a commercial test
course (airplanes) an applicant must --
(a) Hold a valid private pilot certificate;
(b) Hold a valid instrument rating, or be enrolled in an approved
instrument rating course; and
(c) Have such experience and flight training that upon completion of
his approved commercial test course he will meet the aeronautical
experience requirements prescribed in part 61 of this chapter for a
commercial pilot certificate.
3. Ground training. The course must consist of at least 50 hours of
ground training instruction in the following subjects:
(a) A review of the ground training subjects prescribed in section 2
of appendix A of this part 141 for a private pilot certification.
(b) A review of the ground training subjects prescribed in section 2
of appendix C of this part 141 for an instrument rating course.
(c) The Federal Aviation Regulations covering the privileges,
limitations, and operations of a commercial pilot, and the operations
for which an air taxi/commercial operator, agricultural aircraft
operator, and external load operator certificate, waiver or exemption is
required.
(d) Basic aerodynamics, and the principles of flight that apply to
airplanes.
(e) The safe and efficient operation of airplanes, including
inspection and certification requirements, operating limitations, high
altitude operations and psysiological considerations, loading
computations, the significance and use of airplane performance speeds,
and computations involved in runway and obstacle clearance and crosswind
component considerations.
4. Flight training -- (a) General. The course must consist of at
least 25 hours of flight training prescribed in this section.
Instruction in a pilot ground trainer that meets the requirements of
141.41(a)(1) may be credited for not more than 20 per cent of the total
number of hours of flight time. Instruction in a pilot ground trainer
that meets the requirements of 141.41(a)(2) may be credited for not
more than 10 per cent of the total number of hours of flight time.
(b) Flight instruction. The course must consist of at least 20 hours
of flight instruction in the subjects listed in subparagraphs (1)
through (3) of this paragraph. Instruction in a ground trainer that
meets the requirements of 141.41(a)(1) may be credited for not more
than 4 hours of the required 20 hours. Instruction in a ground trainer
that meets the requirements of 141.41(a)(2) may be credited for not
more than 2 hours of the required 20 hours.
(1) A review of the VFR operations prescribed in section 3 of
Appendix A of this part for a private course.
(2) A review of the IFR operations prescribed in section 3 of
Appendix C of this part for an instrument rating course.
(3) A review of the VFR operations prescribed in section 3(b)(3)
through (6) of Appendix D of this part for a commercial pilot
certification course.
(c) Directed solo practice. If the course includes directed solo
practice necessary to develop the flight proficiency of each student,
the practice may not exceed a ratio of 3 hours of directed solo practice
for each hour of the flight instruction required by the school's
approved course outline.
5. Stage and final tests -- (a) Written tests. Each student enrolled
in the course must satisfactorily accomplish a stage test upon the
completion of each stage of training specified in the approved training
syllabus for the commercial test course. In addition, he must
satisfactorily accomplish a final test at the conclusion of that course.
The stage and final tests may not be credited for more than 4 hours of
the required 50 hours of ground training.
(b) Flight tests. Each student enrolled in the course must
satisfactorily accomplish a final test at the completion of the course.
However, if the approved course of training exceeds 35 hours he must be
given a test at an appropriate stage prior to completon of 35 hours of
flight training. The flight tests may not be credited for more than 3
of the required hours of flight training.
(c) Total flight experience. The approved training course outline
must specify the minimum number of hours of flight instruction and
directed solo practice (if any) that is provided for each student under
the requirements of paragraphs (b) and (c) of section 4 of this
appendix. The total number of hours of all flight training given to a
student under this section and the minimum experience required for
enrollment under section 2 of this appendix must meet the minimum
aeronautical experience requirements of 61.129 of this chapter for the
issuance of a commercial pilot certificate.
14 CFR 141.101 Pt. 141, App. F
14 CFR 141.101 Appendix F to Part 141 -- Rotorcraft, Gliders,
Lighter-than-air Aircraft and Aircraft Rating Courses
A. Applicability. This appendix prescribes the minimum curriculum for
a pilot certification course for a rotorcraft, glider, lighter-than-air
aircraft, or aircraft rating, required by 141.55.
B. General Requirements. The course must be comparable in scope,
depth, and detail with the curriculum prescribed in Appendices A through
D of this part for a pilot certification course (airplanes) with the
same rating. Each course must provide ground and flight training
covering the aeronautical knowledge and skill items required by part 61
of this chapter for the certificate or rating concerned. In addition,
each course must meet the appropriate requirements of this appendix.
C. Rotorcraft -- I. Kinds of rotorcraft pilot certification courses.
An approved rotorcraft pilot certification course includes --
(a) A helicopter or gyroplane course -- private pilots;
(b) A helicopter or gyroplane course -- commercial pilots; and
(c) An instrument rating -- helicopter.
II. Helicopter or gyroplane course: Private pilots.
(a) A private pilot certification course for helicopters or
gyroplanes must consist of at least the following:
(1) Ground training -- 35 hours.
(2) Flight training -- 35 hours, including the following:
(i) Flight instruction -- 20 hours.
(ii) Solo practice -- 10 hours, including a flight with landings at
three points, each of which is more than 25 nautical miles from the
other two points.
(b) Stage and final tests may be credited for not more than 3 hours
of the 35 hours of ground training, and for not more than 4 hours of the
35 hours of flight training required by paragraphs (a)(1) and (a)(2) of
this section.
III. Helicopter or gyroplane course -- commercial pilots. (a) A
commercial pilot certification course of training for helicopters or
gyroplanes must consist of at least the following:
(1) Ground training -- 65 hours.
(2) Flight training -- 150 hours of flight training at least 50 hours
of which must be in helicopters or gyroplanes.
The flight training must include the following:
(i) Flight instruction -- 50 hours.
(ii) Directed solo -- 100 hours (including a cross-country flight
with landings at three points, each of which is more than 50 nautical
miles from the other two points).
(b) Stage and final tests may be credited for not more than 5 hours
of the required 65 hours of ground training, and for not more than 7
hours of the required 150 hours of flight training prescribed in
paragraphs (a)(1) and (a)(2) of this section.
IV. Instrument rating -- helicopter course. (a) An instrument rating
-- helicopter course of training must consist of at least the following:
(1) Ground training -- 35 hours.
(2) Instrument flight training -- 35 hours. Instrument instruction
in a pilot ground trainer that meets the requirements of 141.41(a)(1)
may be credited for not more than 10 hours of the required 35 hours of
flight training. Instruction in a ground trainer that meets the
requirements of 141.41(a)(2) may be credited for not more than 5 hours
of the required 35 hours. The instrument flight instruction must
include a 100-mile simulated or actual IFR cross-country flight, and 25
hours of flight instruction.
(3) Stage and final tests may be credited for not more than 5 hours
of the 35 hours of required ground training, and not more than 5 hours
of the 35 hours of instrument training.
D. Gliders -- I. Kinds of glider pilot certification courses. An
approved glider certification course includes --
(a) A glider course -- private pilots; and
(b) A glider course -- commercial pilots.
II. Glider course: Private pilot. A private pilot certification
course for gliders must consist of at least the following:
(a) Ground training -- 15 hours.
(b) Flight training -- 8 hours (including 35 flights if ground tows
are used, or 20 flights if aero tows are used). The flight training
must include the following:
(1) Flight instruction -- 2 hours (including 20 flights if ground
tows are used or 15 flights if aero tows are used).
(2) Directed solo -- 5 hours (including at least 15 flights if ground
tows are used or 5 flights if aero tows are used).
(c) Stage and flight tests may be credited for not more than one hour
of the 15 hours of ground training, and for not more than one-half hour
of the 2 hours of flight instruction required by paragraphs (a)(1) and
(a)(2) of this section.
III. Glider course: Commercial pilot. (a) An approved commercial
pilot certification course for gliders must consist of at least the
following:
(1) Ground training -- 25 hours.
(2) Flight training -- 20 hours of flight time in gliders (consisting
of at least 50 flights), including the following:
(i) Flight instruction -- 8 hours.
(ii) Directed solo -- 10 hours.
(b) Stage and final tests may be credited for not more than 2 hours
of the 25 hours of ground training, and for not more than 2 hours of the
20 hours of flight training required by paragraphs (a)(1) and (a)(2) of
this section.
E. Lighter-than-air aircraft -- I. Kinds of lighter-than-air pilot
certification courses. An approved lighter-than-air pilot certification
course includes --
(a) An airship course -- private pilot;
(b) A free balloon course -- private pilot;
(c) An airship course -- commercial pilot; and
(d) A free balloon course -- commercial pilot.
II. Airship -- private pilot. (a) A private pilot certification
course for an airship must consist of at least the following:
(1) Ground training -- 35 hours.
(2) Flight training -- 50 hours (45 hours must be in airships),
including the following:
(i) Flight instruction -- 20 hours in airships.
(ii) Directed solo, or performing the functions of a pilot in command
of an airship for which more than one pilot is required -- 10 hours.
(b) Stage and final tests may be credited for not more than 5 hours
of the 35 hours of ground training, and not more than 5 hours of the 50
hours of flight training required by paragraphs (a)(1) and (a)(2) of
this section.
III. Free balloon course; private pilot. (a) A private pilot course
for a free balloon must consist of at least the following:
(1) Ground training -- 10 hours.
(2) Flight training -- 6 free flights, including --
(i) Two flights of one hour duration each if a gas balloon is used,
or of 30 minutes duration if a hot air balloon is used;
(ii) At least one solo flight; and
(iii) One ascent under control to 5,000 feet above the point of
takeoff if a gas balloon is used, or 3,000 feet above the point of
takeoff if a hot air balloon is used.
(b) The written and stage checks may be credited for not more than
one hour of the ground training, and not more than one of the 6 flights
required by paragraph (a)(1) and (a)(2) of this section.
IV. Airship course -- commercial pilot. (a) A commercial pilot
course for an airship must consist of at least the following:
(1) Ground training -- 100 hours.
(2) Flight training -- 190 hours in airships as follows:
(i) Flight instruction -- 80 hours, including 30 hours instrument
time.
(ii) 100 hours of solo time, or flight time performing the functions
of a pilot in command in an airship that requires more than one pilot,
including 10 hours of cross-country flying and 10 hours of night flying.
(b) Stage and final tests may be credited for not more than 6 hours
of the 100 hours of ground training, and not more than 10 hours of the
190 hours of flight training required by paragraphs (a)(1) and (a)(2),
respectively, of this section.
V. Free balloon course; commercial pilot. (a) A commercial pilot
certification course for free balloons must consist of at least the
following:
(1) Ground training -- 20 hours.
(2) Flight training -- 8 free flights, including --
(i) 2 flights of more than 2 hours duration if a gas balloon is used,
or 2 flights of more than 1 hour duration if a hot air balloon is used;
(ii) 1 ascent under control to more than 10,000 feet above the
takeoff point if a gas balloon is used, or to more than 5,000 feet above
the takeoff point if a hot air balloon is used; and
(iii) 2 solo flights.
(b) Stage and final tests may be credited for not more than 2 hours
of the 20 hours of ground training, and not more than one of the flights
required by paragraphs (a)(1) and (a)(2), respectively, of this section.
F. Aircraft rating course -- I. Kinds of aircraft rating courses.
An approved aircraft rating course includes --
(a) An aircraft category rating;
(b) An aircraft class rating; and
(c) An aircraft type rating.
II. Aircraft category rating. An aircraft category rating course
must include at least the ground training and flight instruction
required by part 61 of this chapter for the issuance of a pilot
certificate with a category rating appropriate to the course. However,
the Administrator may approve a lesser number of hours of ground
training, or flight instruction, or both, if the course provides for the
use of special training aids, such as ground procedures, trainers,
systems mockups, and audio-visual training materials, or requires
appropriate aeronautical experience of the students as a prerequisite
for enrollment in the course.
III. Aircraft class rating. An aircraft class rating course must
include at least the flight instruction required by part 61 of this
chapter for the issuance of a pilot certificate with a class rating
appropriate to the course.
IV. Aircraft type rating. (a) An aircraft type rating course must
include at least 10 hours of ground training on the aircraft systems,
performance, operation, and loading. In addition, it must include at
least 10 hours of flight instruction. Instruction in a pilot ground
trainer that meets the requirements of 141.41(a)(1) may be credited for
not more than 5 of the 10 hours of required flight instruction.
Instruction in a pilot ground trainer that meets the requirements of
141.41(a)(2) may be credited for not more than 2.5 of the 10 hours of
required flight instruction.
(b) For airplanes that require type ratings, the aircraft type rating
course must include ground and flight training on the maneuvers and
procedures of part 61, appendix A that is appropriate to the airplane
for which a type rating is sought.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-4, 56 FR 11328, Mar. 15, 1991)
14 CFR 141.101 Pt. 141, App. G
14 CFR 141.101 Appendix G to Part 141 -- Pilot Ground School Course
1. Applicability. This appendix prescribes the minimum curriculum for
a pilot ground school course required by 141.55.
2. General requirements. An approved course of training for a pilot
ground school course must contain the instruction necessary to provide
each student with adequate knowledge of those subjects needed to safely
exercise the privileges of the pilot certificate sought.
3. Ground training instruction. A pilot ground school course must
include at least the subjects and the number of hours of ground training
specified in the ground training section of the curriculum prescribed in
the appendixes to this part for the certification or test preparation
course to which the ground school course is directed.
4. Stage and final tests. Each student must pass a written test at
the completion of each stage of training specified in the approved
training syllabus for each ground training course in which he is
enrolled. In addition, he must pass a final written test at the
completion of the course. The stage and final tests may be credited
towards the total ground training time required for each certification
and test preparation course as provided in the curriculum prescribed in
the appendixes to this part for that course.
14 CFR 141.101 Pt. 141, App. H
14 CFR 141.101 Appendix H to Part 141 -- Test Preparation Courses
1. Applicability. This appendix prescribes the minimum curriculum
required under 141.55 of this part 141 for each test preparation course
listed in 141.11.
2. General requirements.
(a) A test preparation course is eligible for approval if the
Administrator determines that it is adequate for a student enrolled in
that course, upon graduation, to safely exercise the privileges of the
certificate, rating, or authority for which the course is conducted.
(b) Each course for a test preparation must be equivalent in scope,
depth, and detail with the curriculum for the corresponding test course
prescribed in Appendices A, B, C, and D of this part 141. However, the
number of hours of ground training and flight training included in the
course must meet the curriculum prescribed in this appendix. (The
minimums prescribed in this appendix for each test preparation course
are based upon the amount of training that is required for students who
meet the total flight experience requirements prescribed in part 61 of
this chapter at the time of enrollment.)
(c) Minimum experience, knowledge, or skill, requirements necessary
as a prerequisite for enrollment are prescribed in the appropriate test
preparation courses contained in this appendix.
3. Flight instructor certification course.
(a) An approved course of training for a flight instructor
certification course must contain at least the following:
(1) Ground training -- 40 hours.
(2) Instructor training -- 25 hours, including --
(i) 10 hours of flight instruction in the analysis and performance of
flight training maneuvers, which for students enrolled in a flight
instructor airplane certification course and a flight instructor glider
certification course includes the satisfactory demonstration of stall
awareness, spin entry, spins, and spin recovery techniques in an
aircraft of the appropriate category that is certificated for spins;
and
(ii) 5 hours of practice ground instruction; and
(iii) 10 hours of practice flight instruction (with the instructor in
the aircraft).
(b) Credit for previous training of experience: A student may be
credited with the following training and experience acquired before his
enrollment in the course.
(1) Satisfactory completion of two years of study on the principles
of education in a college or university may be credited for 20 hours of
the required 40 hours of ground training prescribed in paragraph (a)(1)
of this section.
(2) One year of experience as a full-time instructor in an
institution of secondary or advanced education may be credited for 5
hours of the required practice ground instruction prescribed in
paragraph (a)(2) of this section.
(c) Prerequisite for enrollment. To be eligible for enrollment each
student must hold --
(1) A commercial pilot certificate;
(2) A rating for the aircraft used in the course; and
(3) An instrument rating for enrollment in an airplane instructor
rating course.
4. Additional flight instructor rating courses.
(a) An approved course of training for an additional flight
instructor rating course must consist of at least the following:
(1) Ground training -- 20 hours.
(2) Instructor training (with an instructor in the aircraft). 20
hours, including --
(i) 10 hours, or 10 flights in a glider in the case of a glider
instructor rating course, performing analysis of flight training
maneuvers, which in the case of an airplane instructor rating course and
a glider instructor rating course includes the satisfactory
demonstration of stall awareness, spin entry, spins, and spin recovery
techniques in an aircraft of the appropriate category that is
certificated for spins; and
(ii) 10 hours of practice flight instruction, or, in the case of
glider instructor rating course, 10 flights in a glider.
5. Additional instrument rating course (airplane or helicopter).
(a) An approved training course for an additional instrument rating
course must include at least the following:
(1) Ground training -- 15 hours.
(2) Flight instruction -- 15 hours.
(b) Prerequisites for enrollment. To be eligible for enrollment each
student must hold a valid pilot certificate with an instrument rating,
and an aircraft rating for the aircraft used in the course.
6. Airline transport pilot test course.
(a) An approved training course for an airline transport pilot test
course must include at least the following:
(1) Ground training -- 40 hours.
(2) Flight instruction -- 25 hours, including at least 15 hours of
instrument flight instruction.
(3) In airplanes that require type ratings, the course must include
ground and flight training on the maneuvers and procedures of part 61,
appendix A that are appropriate to the airplane for which a type rating
is sought.
(b) Prerequisites for enrollment. To be eligible for enrollment each
student must --
(1) Hold a commercial pilot certificate with an instrument rating and
a rating for the aircraft used in the course; and
(2) Meet the experience requirements of part 61 of this chapter for
the issuance of an airline transport pilot certificate.
7. Pilot certificate, aircraft or instrument rating refresher course.
(a) An approved refresher training course for a pilot certificate,
aircraft rating, or an instrument rating must contain at least the
following:
(1) Ground training -- 4 hours.
(2) Flight instruction -- 6 hours, which may include not more than 2
hours of directed solo or pilot in command practice.
(b) Prerequisites for enrollment. To be eligible for enrollment each
student must hold a valid pilot certificate with ratings appropriate to
the refresher course.
8. Agricultural aircraft operations course.
(a) An approved training course for pilots of agricultural aircraft
must include at least the following:
(1) Ground training -- 25 hours, including at least 15 hours on the
handling of agricultural and industrial chemicals.
(2) Flight instruction -- 15 hours, which may include not more than 5
hours of directed solo practice.
(b) Prerequisite for enrollment. To be eligible for enrollment each
student must hold a valid commercial pilot certificate with a rating for
the aircraft used in the course.
9. Rotorcraft external-load operations course.
(a) An approved training course for pilots of a rotorcraft with an
external-load must contain at least the following:
(1) Ground training -- 10 hours.
(2) Flight instruction -- 15 hours.
(b) Prerequisite for enrollment. To be eligible for enrollment each
student must hold a valid commercial pilot certificate with a rating for
the rotorcraft used in the course.
(Doc. No. 12547, 39 FR 20152, June 6, 1974, as amended by Amdt.
141-4, 56 FR 11328, Mar. 15, 1991)
14 CFR 141.101 PART 143 -- GROUND INSTRUCTORS
Sec.
143.1 Applicability.
143.3 Application and issue.
143.5 Temporary certificate.
143.7 Duration of certificate.
143.8 Change of name; replacement of lost or destroyed certificate.
143.9 Eligibility requirements: General.
143.11 Knowledge requirements.
143.15 Tests: General procedures.
143.17 Re-testing after failure.
143.18 Written tests: Cheating or other unauthorized conduct.
143.19 Recent experience.
143.20 Applications, certificates, logbooks, reports, and records;
falsification, reproduction, or alteration.
143.21 Display of certificate.
143.23 Change of address.
Authority: Secs. 313(a), 314, 601, and 607, 72 Stat. 752; 49
U.S.C. 1354(a), 1355, 1421, and 1427.
Source: Docket No. 1157, 27 FR 6661, July 13, 1962, unless
otherwise noted.
14 CFR 143.1 Applicability.
This part prescribes the requirements for issuing ground instructor
certificates and associated ratings and the general operating rules for
the holders of those certificates and ratings.
14 CFR 143.3 Application and issue.
(a) An application for a certificate and rating, or for an additional
rating, under this part, is made on a form and in a manner prescribed by
the Administrator. However, a person whose ground instructor
certificate has been revoked may not apply for a new certificate for a
period of one year after the effective date of the revocation unless the
order of revocation provides otherwise.
(b) An applicant who meets the requirements of this part is entitled
to an appropriate certificate with ratings naming the ground school
subjects that he is authorized to teach.
(c) Unless authorized by the Administrator, a person whose ground
instructor 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
ground instructor certificate is revoked may not apply for any ground
instructor certificate for 1 year after the date of revocation.
(Doc. No. 1157, 27 FR 6661, July 13, 1962, as amended by Amdt.
143-2, 31 FR 13524, Oct. 20, 1966)
14 CFR 143.5 Temporary certificate.
A certificate or rating effective for a period of not more than 90
days may be issued to a qualified applicant, pending the issue of the
certificate or rating for which he applied.
14 CFR 143.7 Duration of certificate.
(a) A certificate or rating issued under this part is effective until
it is surrendered, suspended, or revoked.
(b) 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.
(Doc. No. 1157, 27 FR 6661, July 13, 1962, as amended by Amdt.
143-2, 31 FR 13524, Oct. 20, 1966)
14 CFR 143.8 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, Okla. 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) A person whose certificate issued under this part 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)
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) of
this section.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Amdt. 143-2, 31 FR 13525, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967; Amdt. 143-3, 35 FR 14076, Sept. 4,
1970; Amdt. 143-4, 36 FR 2865, Feb. 11, 1971)
14 CFR 143.9 Eligibility requirements: General.
To be eligible for a certificate under this part, a person must be at
least 18 years of age, be of good moral character, and comply with
143.11.
14 CFR 143.11 Knowledge requirements.
Each applicant for a ground instructor certificate must show his
practical and theoretical knowledge of the subject for which he seeks a
rating by passing a written test on that subject.
14 CFR 143.15 Tests: General procedures.
(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 143.17 Re-testing after failure.
An applicant for a ground instructor rating who fails a test under
this part may apply for re-testing --
(a) After 30 days after the date he failed that test; or
(b) Upon presenting a statement from a certificated ground
instructor, rated for the subject of the test failed, certifying that he
has given the applicant at least five hours additional instruction in
that subject and now considers that he can pass the test.
14 CFR 143.18 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. 143-1, 30 FR 2197, Feb. 18, 1965)
14 CFR 143.19 Recent experience.
The holder of a ground instructor certificate may not perform the
duties of a ground instructor unless, within the 12 months before he
intends to perform them --
(a) He has served for at least three months as a ground instructor;
or
(b) The Administrator has determined that he meets the standards
prescribed in this part for the certificate and rating.
14 CFR 143.20 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. 143-1, 30 FR 2197, Feb. 18, 1965)
14 CFR 143.21 Display of certificate.
Each person who holds a ground instructor certificate shall keep it
readily available to him while instructing 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.
(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)
(Amdt. 143-2, 31 FR 13525, Oct. 20, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 143.23 Change of address.
Within 30 days after any change in his permanent mailing address, the
holder of a ground instructor certificate shall notify the Department of
Transportation, Federal Aviation Administration, Airman Certification
Branch, Post Office Box 25082, Oklahoma City, Okla. 73125, in writing,
of his new address.
(Amdt. 143-3, 35 FR 14076, Sept. 4, 1970)
14 CFR 143.23 PART 145 -- REPAIR STATIONS
SFAR No. 36 (Note)
14 CFR 143.23 Subpart A -- General
Sec.
145.1 Applicability.
145.2 Performance of maintenance, preventive maintenance, alterations
and required inspections for an air carrier or commercial operator under
the continuous airworthiness requirements of parts 121 and 127, and for
airplanes under the inspection program required by part 125.
145.3 Certificate required.
145.11 Application and issue.
145.13 Certification of foreign repair stations: Special
requirements.
145.15 Change or renewal of certificates.
145.17 Duration of certificates.
145.19 Display of certificate.
145.21 Change of location or facilities.
145.23 Inspection.
145.25 Advertising.
14 CFR 143.23 Subpart B -- Domestic Repair Stations
145.31 Ratings.
145.33 Limited ratings.
145.35 Housing and facility requirements.
145.37 Special housing and facility requirements.
145.39 Personnel requirements.
145.41 Recommendation of persons for certification as repairmen.
145.43 Records of supervisory and inspection personnel.
145.45 Inspection systems.
145.47 Equipment and materials: Ratings other than limited ratings.
145.49 Equipment and materials: Limited rating.
145.51 Privileges of certificates.
145.53 Limitations of certificates.
145.55 Maintenance of personnel, facilities equipment, and materials.
145.57 Performance standards.
145.59 Inspection of work performed.
145.61 Performance records and reports.
145.63 Reports of defects or unairworthy conditions.
14 CFR 143.23 Subpart C -- Foreign Repair Stations
145.71 General requirements.
145.73 Scope of work authorized.
145.75 Personnel.
145.77 General operating rules.
145.79 Records and reports.
14 CFR 143.23 Subpart D -- Limited Ratings for Manufacturers
145.101 Application and issue.
145.103 Privileges of certificates.
145.105 Performance standards.
Appendix A to Part 145
Authority: Secs. 313, 314, 601, and 607, 72 Stat. 752; 49 U.S.C.
1354(a), 1355, 1421, and 1427, unless otherwise noted.
Source: Docket No. 1157, 27 FR 6662, July 13, 1962, unless
otherwise noted.
Editorial Note: For miscellaneous technical amendments in this part
145, see Amdt. 145-3, 31 FR 3336, Mar. 3, 1966 and Amdt. 145-6, 31 FR
9211, July 6, 1966.
14 CFR 143.23 Special Federal Aviation Regulation
Editorial Note: For the text of SFAR No. 36, see part 121 of this
chapter.
14 CFR 143.23 Subpart A -- General
14 CFR 145.1 Applicability.
(a) This part prescribes the requirements for issuing repair station
certificates and associated ratings to facilities for the maintenance
and alteration of airframes, powerplants, propellers, or appliances, and
prescribes the general operating rules for the holders of those
certificates and ratings.
(b) A certificated repair station located in the United States is
called a ''domestic repair station''. A repair station located outside
of the United States is called a ''foreign repair station''.
(c) A manufacturer of aircraft, aircraft engines, propellers,
appliances, or parts thereof, may be issued a Repair Station Certificate
with a limited rating under subpart D of this part. Sections 145.11
through 145.79 do not apply to applicants for, or holders of,
certificates issued under subpart D of this part. Any facility where
the holder of a certificate issued under subpart D of this part
exercises his privileges under that certificate may be referred to as a
''manufacturer's maintenance facility.''
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-4, 31 FR 5249, Apr. 1, 1966)
14 CFR 145.2 Performance of maintenance, preventive maintenance,
alterations and required inspections for an air carrier or commercial
operator under the continuous airworthiness requirements of parts 121
and 127, and for airplanes under the inspection program required by part
125.
(a) Each repair station that performs any maintenance, preventive
maintenance, alterations, or required inspections for an air carrier or
commercial operator having a continuous airworthiness program under part
121 or part 127 of this chapter shall comply with subpart L of part 121
(except 121.363, 121.369, 121.373, and 121.379) or subpart I of part
127 (except 127.131, 127.134, 127.136, and 127.140) of this chapter,
as applicable. In addition, such repair station shall perform that work
in accordance with the air carrier's or commercial operator's manual.
(b) Each repair station that performs inspections on airplanes
governed by part 125 of this chapter shall do that work in accordance
with the inspection program approved for the operator of the airplane.
(Amdt. 145-7, 31 FR 10614, Aug. 9, 1966, as amended by Amdt. 145-17,
45 FR 67235, Oct. 9, 1980)
14 CFR 145.3 Certificate required.
No person may operate as a certificated repair station without, or in
violation of, a repair station certificate. In addition, an applicant
for a certificate may not advertise as a certificated repair station
until the certificate has been issued to him.
14 CFR 145.11 Application and issue.
(a) An application for a repair station certificate and rating, or
for an additional rating, is made on a form and in a manner prescribed
by the Administrator, and submitted with duplicate copies of --
(1) (Reserved)
(2) Its inspection procedures manual;
(3) A list of the maintenance functions to be performed for it, under
contract, buy another agency under 145.49 or Appendix A; and
(4) In the case of an applicant for a propeller rating (class 2) or
any accessory rating (class 1, 2, or 3), a list, by type or make, as
applicable, of the propeller or accessory for which he seeks approval.
(b) An applicant who meets the requirements of this part is entitled
to a repair station certificate with appropriate ratings prescribing
such operations specifications and limitations as are necessary in the
interests of safety.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-5, 31 FR 8585, June 21, 1966)
14 CFR 145.13 Certification of foreign repair stations: Special
requirements.
Before applying under 145.11, an applicant for a foreign repair
station certificate must notify the FAA office having jurisdiction over
the area in which the applicant is located of his intention to so apply
and send that office a statement of his reasons for wanting a repair
station at his place of business. In addition to the information
required by 145.11, the applicant must furnish two copies of a suitably
bound brochure, including a physical description of his facilities (with
photographs), a description of his inspection system, and organizational
chart, the names and titles of managing and supervisory personnel, and a
list of services obtained under contract, if any, with the names of the
contractors and the types of services they perform. In addition, the
applicant must furnish evidence that the fee prescribed by appendix A of
part 187 of this chapter has been paid.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-20, 47 FR 35694, Aug. 16, 1982)
14 CFR 145.15 Change or renewal of certificates.
(a) Each of the following requires the certificate holder to apply
for a change in a repair station certificate, on a form and in the
manner prescribed by the Administrator:
(1) A change in the location or housing and facilities of the
station.
(2) A request to revise or amend a rating.
(b) If the holder of a repair station certificate sells or transfers
its assets, the new owner must apply for an amended certificate, in the
manner prescribed in 145.11 and, if applicable, 145.13.
(c) A person requesting renewal of a foreign repair station
certificate shall, within 30 days before his current certificate
expires, send the request to the FAA office having jurisdiction over the
station. If he does not make the request within that period, he must
follow the procedure prescribed in 145.13 for applying for a new
certificate, but without copies of the brochure.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-8, 32 FR 15670, Nov. 14, 1967)
14 CFR 145.17 Duration of certificates.
(a) A domestic repair station certificate or rating is effective
until it is surrendered, suspended, or revoked.
(b) A foreign repair station certificate or rating expires at the end
of 12 months after the date on which it was issued, unless it is sooner
surrendered, suspended, or revoked. However, if the station continues
to comply with 145.71 and applies for renewal before expiration of such
certificate or rating, its certificate or rating may be renewed for 24
months.
(c) The holder of a certificate that expires or is surrendered,
suspended, or revoked, shall return it to the Administrator.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-16, 43 FR 22643, May 25, 1978)
14 CFR 145.19 Display of certificate.
Each holder of a repair station certificate shall display the
certificate and ratings at a place in the repair station that is
normally accessible to the public and is not obscured. The certificate
must be available for inspection by the Administrator.
14 CFR 145.21 Change of location or facilities.
(a) The holder of a repair station certificate may not make any
change in its location or in its housing and facilities that are
required by 145.35, unless the change is approved in writing in
advance.
(b) The Administrator may prescribe the conditions under which a
repair station may operate while it is changing its location or housing
facilities.
14 CFR 145.23 Inspection.
Each certificated repair station shall allow the Administrator to
inspect it, at any time, to determine its compliance with this part.
The inspections cover the adequacy of the repair stations inspection
system, records, and its general ability to comply with this part.
After such an inspection is made, the repair station is notified, in
writing, of any defects found during the inspection.
(Amdt. 145-5, 31 FR 8585, June 21, 1966)
14 CFR 145.25 Advertising.
(a) Whenever the advertising of a certificated repair station
indicates that it is certificated, it must clearly state its certificate
number.
(b) Paragraph (a) of this section applies to advertising in --
(1) Business letterheads;
(2) Billheads and statements;
(3) Customer estimates and inspection forms;
(4) Hangar or shop signs;
(5) Magazines, periodicals, or trade journals; or
(6) Any form of promotional media.
14 CFR 145.25 Subpart B -- Domestic Repair Stations
14 CFR 145.31 Ratings.
The following ratings are issued under this subpart:
(a) Airframe ratings. (1) Class 1: Composite construction of small
aircraft.
(2) Class 2: Composite construction of large aircraft.
(3) Class 3: All-metal construction of small aircraft.
(4) Class 4: All-metal construction of large aircraft.
(b) Powerplant ratings. (1) Class 1: Reciprocating engines of 400
horsepower or less.
(2) Class 2: Reciprocating engines of more than 400 horsepower.
(3) Class 3: Turbine engines.
(c) Propeller ratings. (1) Class 1: All fixed pitch and ground
adjustable propellers of wood, metal, or composite construction.
(2) Class 2: All other propellers, by make.
(d) Radio ratings. (1) Class 1: Communication equipment: Any radio
transmitting equipment or receiving equipment, or both, used in aircraft
to send or receive communications in flight, regardless of carrier
frequency or type of modulation used; including auxiliary and related
aircraft interphone systems, amplifier systems, electrical or electronic
inter-crew signaling devices, and similar equipment; but not including
equipment used for navigation of the aircraft or as an aid to
navigation, equipment for measuring altitude or terrain clearance, other
measuring equipment operated on radio or radar principles, or
mechanical, electrical, gyroscopic, or electronic instruments that are a
part of communications radio equipment.
(2) Class 2: Navigational equipment: Any radio system used in
aircraft for en route or approach navigation, except equipment operated
on radar or pulsed radio frequency principles, but not including
equipment for measuring altitude or terrain clearance or other distance
equipment operated on radar or pulsed radio frequency principles.
(3) Class 3: Radar equipment: Any aircraft electronic system
operated on radar or pulsed radio frequency principles.
(e) Instrument ratings. (1) Class 1: Mechanical: Any diaphragm,
bourdon tube, aneroid, optical, or mechanically driven centrifugal
instrument that is used on aircraft or to operate aircraft, including
tach- ometers, airspeed indicators, pressure gauges drift sights,
magnetic compasses, altimeters, or similar mechanical instruments.
(2) Class 2: Electrical: Any self-synchronous and electrical
indicating instruments and systems, including remote indicating
instruments, cylinder head temperature gauges, or similar electrical
instruments.
(3) Class 3: Gyroscopic: Any instrument or system using gyroscopic
principles and motivated by air pressure or electrical energy, including
automatic pilot control units, turn and bank indicators, directional
gyros, and their parts, and flux gate and gyrosyn compasses.
(4) Class 4: Electronic: Any instruments whose operation depends on
electron tubes, transistors, or similar devices including capacitance
type quantity gauges, system amplifiers, and engine analyzers.
(f) Accessory ratings. (1) Class 1: Mechanical accessories that
depend on friction, hydraulics, mechanical linkage, or pneumatic
pressure for operation, including aircraft wheel brakes, mechanically
driven pumps, carburetors, aircraft wheel assemblies, shock absorber
struts and hydraulic servo units.
(2) Class 2: Electrical accessories that depend on electrical energy
for their operation, and generators, including starters, voltage
regulators, electric motors, electrically driven fuel pumps magnetos, or
similar electrical accessories.
(3) Class 3: electronic accessories that depend on the use of an
electron tube transistor, or similar device, including supercharger,
temperature, air conditioning controls, or similar electronic controls.
14 CFR 145.33 Limited ratings.
(a) Whenever the Administrator finds it appropriate, he may issue a
limited rating to a domestic repair station that maintains or alters
only a particular type of airframe, powerplant, propeller, radio,
instrument, or accessory, or parts thereof, or performs only specialized
maintenance requiring equipment and skills not ordinarily found in
regular repair stations. Such a rating may be limited to a specific
model aircraft, engine, or constituent part, or to any number of parts
made by a particular manufacturer.
(b) Limited ratings are issued for --
(1) Airframes of a particular make and model;
(2) Engines of a particular make and model;
(3) Propellers of a particular make and model;
(4) Instruments of a particular make and model;
(5) Radio equipment of a particular make and model;
(6) Accessories of a particular make and model;
(7) Landing gear components;
(8) Floats, by make;
(9) Nondestructive inspection, testing, and processing;
(10) Emergency equipment;
(11) Rotor blades, by make and model;
(12) Aircraft fabric work; and
(13) Any other purpose for which the Administrator finds the
applicant's request is appropriate.
(c) For a limited rating for specialized services, the operations
specifications of the station shall contain the specification used in
performing that specialized service. The specification may either be a
civil or military one that is currently used by industry and approved by
the Administrator or one developed by the applicant and approved by the
Administrator.
14 CFR 145.35 Housing and facility requirements.
(a) An applicant for a domestic repair station certificate and
rating, or for an additional rating, must comply with paragraphs (b) to
(h) of this section and provide suitable --
(1) Housing for its necessary equipment and material;
(2) Space for the work for which it seeks a rating;
(3) Facilities for properly storing, segregating, and protecting
materials, parts, and supplies; and
(4) Facilities for properly protecting parts and subassemblies during
disassembly, cleaning, inspection, repair, alteration, and assembly;
so that work being done is protected from weather elements, dust, and
heat; workers are protected so that the work will not be impaired by
their physical efficiency; and maintenance operations have efficient
and proper facilities.
(b) The applicant must provide suitable shop space where machine
tools and equipment are kept and where the largest amount of bench work
is done. The shop space need not be partitioned but machines and
equipment must be segregated whenever --
(1) Machine or woodwork is done so near an assembly area that chips
or material might inadvertently fall into assembled or partially
assembled work;
(2) Unpartitioned parts cleaning units are near other operations;
(3) Fabric work is done in an area where there are oils and greases;
(4) Painting or spraying is done in an area so arranged that paint or
paint dust can fall on assembled or partially assembled work;
(5) Paint spraying, cleaning, or machining operations are done so
near testing operations that the precision of test equipment might be
affected; and
(6) In any other case the Administrator determines it is necessary.
(c) The applicant must provide suitable assembly space in an enclosed
structure where the largest amount of assembly work is done. The
assembly space must be large enough for the largest item to be worked on
under the rating he seeks and must meet the requirements of paragraph
(a) of this section.
(d) The applicant must provide suitable storage facilities used
exclusively for storing standard parts, spare parts, and raw materials,
and separated from shop and working space. He must organize the storage
facilities so that only acceptable parts and supplies will be issued for
any job, and must follow standard good practices for properly protecting
stored materials.
(e) The applicant must store and protect parts being assembled or
disassembled, or awaiting assembly or disassembly, to eliminate the
possibility of damage to them.
(f) The applicant must provide suitable ventilation for his shop,
assembly, and storage areas so that the physical efficiency of his
workers is not impaired.
(g) The applicant must provide adequate lighting for all work being
done so that the quality of the work is not impaired.
(h) The applicant must control the temperature of the shop and
assembly area so that the quality of the work is not impaired. Whenever
special maintenance operations are being performed, such as fabric work
or painting, the temperature and humidity control must be adequate to
insure the airworthiness of the article being maintained.
14 CFR 145.37 Special housing and facility requirements.
(a) In addition to the housing and facility requirements in 145.35,
an applicant for a domestic repair station certificate and rating, or
for an additional rating, for airframes, powerplants, propellers,
instruments, accessories, or radios must meet the requirements of
paragraphs (b) to (f) of this section.
(b) An applicant for an airframe rating must provide suitable
permanent housing for at least one of the heaviest aircraft within the
weight class of the rating he seeks. If the location of the station is
such that climatic conditions allow work to be done outside, permanent
work docks may be used if they meet the requirements of 145.35(a).
(c) An applicant for either a powerplant or accessory rating must
provide suitable trays, racks, or stands for segregating complete engine
or accessory assemblies from each other during assembly and disassembly.
He must provide covers to protect parts awaiting assembly or during
assembly to prevent dust or other foreign objects from entering into or
falling on those parts.
(d) An applicant for a propeller rating must provide suitable stands,
racks, or other fixtures for the proper storage of propellers after
being worked on.
(e) An applicant for a radio rating must provide suitable storage
facilities to assure the protection of parts and units that might
deteriorate from dampness or moisture.
(f) An applicant for an instrument rating must provide a reasonably
dust free shop if the shop allocated to final assembly is not air
conditioned. Shop and assembly areas must be kept clean at all times to
reduce the possibility of dust or other foreign objects getting into
instrument assemblies.
14 CFR 145.39 Personnel requirements.
(a) An applicant for a domestic repair station certificate and
rating, or for an additional rating, must provide adequate personnel who
can perform, supervise, and inspect the work for which the station is to
be rated. The officials of the station must carefully consider the
justifications and abilities of their employees and shall determine the
abilities of its uncertificated employees performing maintenance
operations on the basis of practical tests or employment records. The
repair station is primarily responsible for the satisfactory work of its
employees.
(b) The number of repair station employees may vary according to the
type and volume of its work. However, the applicant must have enough
properly qualified employees to keep up with the volume of work in
process, and may not reduce the number of its employees below that
necessary to efficiently produce airworthy work.
(c) Each repair station shall determine the abilities of its
supervisors and shall provide enough of them for all phases of its
activities. However, the Administrator may determine the ability of any
supervisor by inspecting his employment and experience records or by a
personal test. Each supervisor must have direct supervision over
working groups but need not have over-all supervision at management
level. Whenever apprentices or students are used in working groups on
assemblies or other operations that might be critical to the aircraft,
the repair station shall provide at least one supervisor for each 10
apprentices or students, unless the apprentices or students are
integrated into groups of experienced workers.
(d) Each person who is directly in charge of the maintenance
functions of a repair station must be appropriately certificated as a
mechanic or repairman under part 65 of this chapter and must have had at
least 18 months of practical experience in the procedures, practices,
inspection methods, materials, tools, machine tools, and equipment
generally used in the work for which the station is rated. Experience
as an apprentice or student mechanic may not be counted in computing the
18 months of experience. In addition, at least one of the persons so in
charge of maintenance functions for a station with an airframe rating
must have had experience in the methods and procedures prescribed by the
Administrator for returning aircraft to service after 100-hour, annual,
and progressive inspections.
(e) Each limited repair station shall have employees with detailed
knowledge of the particular maintenance function or technique for which
it is rated, based on attending a factory school or long experience with
the product or technique involved.
14 CFR 145.41 Recommendation of persons for certification as repairmen.
(a) When a person applies for a domestic repair station certificate
and rating(s) or additional rating(s) that require a repairman, that
person must --
(1) Recommend at least one person for certification as a repairman;
(2) Certify to the Administrator that the person recommended meets
the requirements of 65.101 of this chapter; and
(3) Certify that the person recommended is able to perform and
supervise the assigned work.
(b) Each person recommended per paragraph (a)(1) of this section must
be at or above the level of shop foreman or department head or be
responsible for supervising the work performed by the repair station. A
qualified person so recommended may be certificated as a repairman.
(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c),
Dept. of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 21269, 47 FR 33390, Aug. 2, 1982)
14 CFR 145.43 Records of supervisory and inspection personnel.
(a) Each applicant for a domestic repair station certificate and
rating, or for an additional rating, must have, and each certificated
domestic repair station shall maintain, a roster of --
(1) Its supervisory personnel, including the names of the officials
of the station that are responsible for its management and the names of
its technical supervisors, such as foreman and crew chiefs; and
(2) Its inspection personnel, including the names of the chief
inspector and those inspectors who make final airworthiness
determinations before releasing an article to service.
(b) The station shall also provide a summary of the employment of
each person whose name is on the roster. The summary must contain
enough information as to each person on the roster to show compliance
with the experience requirements of this subpart, including --
(1) His present title (e.g., chief inspector, metal shop foreman,
etc.);
(2) His total years of experience in the type of work he is doing;
(3) His past employment record, with names of places and term of
employment by month, and year;
(4) The scope of his present employment (e.g., airframe overhaul,
airframe final assembly, engine inspection, department, etc.); and
(5) The type and number of the mechanic or repairman certificate that
he holds, and the ratings on that certificate.
(c) The station shall change the roster, as necessary, to reflect --
(1) Terminating the employment of any person whose name is on the
roster;
(2) Assigning any person to duties that require his name to be
carried on the roster; or
(3) Any appreciable change in the duties and scope of assignment of
any person whose name is on the roster.
(d) The station shall keep the roster and employment summaries
required by this section, subject to inspection by the Administrator
upon his request.
(e) A domestic repair station may not use the services of a person
directly in charge of maintenance or alteration unless it keeps current
records on him as required by this section.
(Doc. No. 1157, 27 FR 6662, June 13, 1962, as amended by Amdt.
145-5, 31 FR 8585, June 21, 1966; Amdt. 145-15, 41 FR 47230, Oct. 28,
1976)
14 CFR 145.45 Inspection systems.
(a) An applicant for a repair station certificate, and rating or for
an additional rating, must have an inspection system that will produce
satisfactory quality control and conform to paragraphs (b) to (f) of
this section.
(b) The applicant's inspection personnel must be thoroughly familiar
with all inspection methods, techniques, and equipment used in their
specialty to determine the quality or airworthiness of an article being
maintained or altered. In addition, they must --
(1) Maintain proficiency in using various inspection aids intended
for that purpose;
(2) Have available and understand current specifications involving
inspection tolerances, limitations, and procedures established by the
manufacturer of the product being inspected and with other forms of
inspection information such as FAA airworthiness di- rectives and
bulletins; and
(3) In cases where magnetic, fluorescent, or other forms of
mechanical inspection devices are to be used, be skilled in operating
that equipment and be able to properly interpret defects indicated by
it.
(c) The applicant must provide a satisfactory method of inspecting
incoming material to insure that, before it is placed in stock for use
in an aircraft or part thereof, it is in a good state of preservation
and is free from apparent defects or malfunctions.
(d) The applicant must provide a system of preliminary inspection of
all articles he maintains to determine the state of preservation or
defects. He shall enter the results of each inspection on an
appropriate form supplied by it and keep the form with the article until
it is released to service.
(e) The applicant must provide a system so that before working on any
airframe, powerplant, or part thereof that has been involved in an
accident, it will be inspected thoroughly for hidden damage, including
the areas next to the obviously damaged parts. He shall enter the
results of this inspection on the inspection form required by paragraph
(d) of this section.
(f) At the time he applies for a repair station certificate, the
applicant must provide a manual containing inspection procedures, and
thereafter maintain it in current condition at all times. The manual
must explain the internal inspection system of the repair station in a
manner easily understood by any employee of the station. It must state
in detail the inspection requirements in paragraphs (a) to (e) of this
section, and the repair station's inspection system including the
continuity of inspection responsibility, samples of inspection forms,
and the method of executing them. The manual must refer whenever
necessary to the manufacturer's inspection standards for the maintenance
of the particular article. The repair station must give a copy of the
manual to each of its supervisory and inspection personnel and make it
available to its other personnel. The repair station is responsible for
seeing that all supervisory and inspection personnel thoroughly
understand the manual.
(Doc. No. 1157, 27 FR 6662, June 13, 1962, as amended by Amdt.
145-15, 41 FR 47230, Oct. 28, 1976)
14 CFR 145.47 Equipment and materials: Ratings other than limited
ratings.
(a) An applicant for a domestic repair station certificate and
rating, or for an additional rating, must have the equipment and
materials necessary to efficiently perform the functions appropriate to
the ratings he seeks. An applicant for an airframe, propeller,
powerplant, radio, instrument, or accessory rating must be equipped to
perform the functions listed in Appendix A to this part that are
appropriate for the rating he seeks.
(b) The equipment and materials required by this part must be of such
type that the work for which they are being used can be done competently
and efficiently. The station shall ensure that all inspection and test
equipment is tested at regular intervals to ensure correct calibration
to a standard derived from the National Bureau of Standards or to a
standard provided by the equipment manufacturer. In the case of foreign
equipment, the standard of the country of manufacture may be used if
approved by the Administrator. The equipment and materials required for
the various ratings must be located on the premises, and under the full
control of the station, unless they are used for a function that the
repair station is authorized to obtain by contract. If it obtains them
by contract, the repair station shall determine the airworthiness of the
article involved, unless the contractor is an appropriately rated repair
station.
(c) A certificated domestic or foreign repair station may contract
maintenance and alteration of components of a type certificated product
to a noncertificated source identified in the repair station's
inspection procedures manual provided:
(1) The repair station is the manufacturer who originally
manufactured the product for which it holds a U.S. type certificate;
(2) The contracted component is included as part of the type
certificated product;
(3) The component maintenance is done by the original component
manufacturer or its manufacturing licensee; and
(4) Before such a component is returned to service, the repair
station ensures that it is being returned to service in accordance with
the repair station's quality control system as approved by the
Administrator and set forth in the repair station's operations
specifications and inspection procedures manual.
(d) The applicant shall choose suitable tools and equipment for the
functions named in Appendix A to this part, as appropriate to each of
his ratings, using those the manufacturer of the article involved
recommends for maintaining or altering that article, or their
equivalent.
(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c),
Dept. of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-19, 47 FR 33391, Aug. 2, 1982; Amdt. 145-21, 53 FR 47375, Nov. 22,
1988)
14 CFR 145.49 Equipment and materials: Limited rating.
(a) An applicant for a limited rating (other than specialized
services) under 145.33, must have the equipment and materials to
perform any job function appropriate to the rating and class specified
in 145.47 for the rating he seeks. However, he need not be equipped
for a function that does not apply to the particular make or model
article for which he seeks a rating, if he shows that it is not
necessary under the recommendations of the manufacturer of the article.
(b) An applicant for a rating for specialized services or techniques
under 145.33 must --
(1) For magnetic and penetrant inspection, have the equipment and
materials for wet and dry magnetic inspection techniques, residual and
continuous methods, and portable equipment for the inspection of welds
both on and off the aircraft;
(2) For emergency equipment maintenance, have the equipment and
materials to perform inspections, repairs, and tests of all kinds of
inflated equipment, the re-packing, re-marking, re-sealing, and
re-stocking of life rafts, and the weighing, refilling, and testing of
carbon dioxide fire extinguishers and oxygen containers;
(3) For rotor blade maintenance, have the equipment, materials, and
technical data recommended by the manufacturer; and
(4) For aircraft fabric work, have the equipment and materials to
apply protective coatings to structures, machine stitch fabric panels,
perform covering, sewing, and rib stitching operations, apply dope and
paint using temperature and humidity control equipment, install patches,
grommets, tapes, hooks, and similar equipment, and refinish entire
aircraft and aircraft parts.
14 CFR 145.51 Privileges of certificates.
A certificated domestic repair station may --
(a) Maintain or alter any airframe, powerplant, propeller,
instrument, radio, or accessory, or part thereof, for which it is rated;
(b) Approve for return to service any article for which it is rated
after it has been maintained or altered;
(c) In the case of a station with an airframe rating, perform
100-hour, annual or progressive inspections, and return the aircraft to
service; and
(d) Maintain or alter any article for which it is rated at a place
other than the repair station, if --
(1) The function would be performed in the same manner as when
performed at the repair station and in accordance with 145.57 to
145.61;
(2) All necessary personnel, equipment, material, and technical data
is available at the place where the work is to be done; and
(3) The inspection procedures manual of the station sets forth
approved procedures governing work to be performed at a place other than
the repair station.
However, a certificated repair station may not approve for return to
service any aircraft, airframe, aircraft engine, propeller, or appliance
after major repair or major alteration unless the work was done in
accordance with technical data approved by the Administrator.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-2, 29 FR 5451, Apr. 23, 1964)
14 CFR 145.53 Limitations of certificates.
A certificated domestic repair station may not maintain or alter any
airframe, powerplant, propeller, instrument, radio, or accessory for
which it is not rated, and may not maintain or alter any article for
which it is rated if it requires special technical data, equipment, or
facilities that are not available to it.
14 CFR 145.55 Maintenance of personnel, facilities, equipment, and
materials.
Each certificated domestic repair station shall provide personnel,
facilities equipment, and materials at least equal in quality and
quantity to the standards currently required for the issue of the
certificate and rating that it holds.
14 CFR 145.57 Performance standards.
(a) Except as provided in 145.2, each certificated domestic repair
station shall perform its maintenance and alteration operations in
accord- ance with the standards in part 43 of this chapter. It shall
maintain, in current condition, all manufacturers' service manuals,
instructions, and service bulletins that relate to the articles that it
maintains or alters.
(b) In addition, each certificated domestic repair station with a
radio rating shall comply with those sections of part 43 of this chapter
that apply to electric systems, and shall use materials that conform to
approved specifications for equipment appropriate to its rating. It
shall use test apparatus, shop equipment, performance standards, test
methods, alterations, and calibrations that conform to the
manufacturers' specifications or instructions, approved specification,
and, if not otherwise specified, to accept good practices of the
aircraft radio industry.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-5, 31 FR 8585, June 21, 1966; Amdt. 145-7, 31 FR 10614, Aug. 9,
1966)
14 CFR 145.59 Inspection of work performed.
(a) Each certificated domestic repair station shall, before approving
an airframe, powerplant, propeller, instrument, radio, or accessory for
return to service after maintaining or altering it, have that article
inspected by a qualified inspector. After performing a maintenance or
alteration operation, the station shall certify on the maintenance or
alteration record of the article that it is airworthy with respect to
the work performed.
(b) For the purposes of paragraph (a) of this section, the qualified
inspector must be a person employed by the station, who has shown by
experience as a journeyman that he understands the inspection methods,
techniques, and equipment used in determining the air-worthiness of the
article concerned. He must also be proficient in using various types of
mechanical and visual inspection aids appropriate for the article being
inspected.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-16, 43 FR 22643, May 25, 1978)
14 CFR 145.61 Performance records and reports.
Each certificated domestic repair station shall maintain adequate
records of all work that it does, naming the certificated mechanic or
repairman who performed or supervised the work, and the inspector of
that work. The station shall keep each record for at least two years
after the work it applies to is done.
14 CFR 145.63 Reports of defects or unairworthy conditions.
(a) Each certificated domestic repair station shall report to the
Administrator within 72 hours after it discovers any serious defect in,
or other recurring unairworthy condition of, an aircraft, powerplant, or
propeller, or any component of any of them. The report shall be made on
a form and in a manner prescribed by the Administrator, describing the
defect or malfunction completely without withholding any pertinent
information.
(b) In any case where the filing of a report under paragraph (a) of
this section might prejudice the repair station, it shall refer the
matter to the Administrator for a determination as to whether it must be
reported. If the defect or malfunction could result in an imminent
hazard to flight, the repair station shall use the most expeditious
method it can to inform the Administrator.
(c) The holder of a domestic repair station certificate that is also
the holder of a part 121, 127, or 135 certificate, 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, 37.17, 121.703, 127.313, or 135.57 of
this chapter.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-9, 35 FR 3155, Feb. 19, 1970; Amdt. 145-13, 35 FR 18189, Nov. 28,
1970)
14 CFR 145.63 Subpart C -- Foreign Repair Stations
14 CFR 145.71 General requirements.
A repair station certificate with appropriate ratings may be issued
for a foreign repair station if the Administrator determines that it
will be necessary for maintaining or altering United States registered
aircraft and aircraft engines, propellers, appliances, and component
parts thereof for use on United States registered aircraft. A foreign
repair station must meet the requirements for a domestic repair station
certificate, except those in 145.39 through 145.43.
(Doc. No. 25454, 53 FR 47376, Nov. 22, 1988)
14 CFR 145.73 Scope of work authorized.
(a) A certificated foreign repair station may, with respect to United
States registered aircraft, maintain or alter aircraft, airframes,
powerplants, propellers, or component parts thereof. The Administrator
may prescribe operations specifications containing limitations that the
Administrator determines necessary to comply with the airworthiness
requirements of this chapter.
(b) A certificated foreign repair station may perform only the
specific services and functions within the ratings and classes that are
stated in its operations specifications.
(Doc. No. 25454, 53 FR 47376, Nov. 22, 1988)
14 CFR 145.75 Personnel.
(a) Each applicant for a foreign repair station certificate and
rating, or for an additional rating, must provide enough personnel who
are able to perform, supervise, and inspect the work for which he seeks
a rating, with regard being given to its volume of work.
(b) The supervisors and inspectors of each certificated foreign
repair station must understand the regulations in this chapter, FAA
airworthiness directives, and the maintenance and service instructions
of the manufacturers of the articles to be worked on. However, they do
not need airman certificates issued under this chapter and, along with
the persons performing the work of the station, are not considered to be
airmen within the meaning of section 101(7) of the Federal Aviation Act
of 1958 (49 U.S.C. 1301) with respect to work performed in connection
with their employment by the foreign repair station.
(c) In cases where the persons engaged in supervision or final
inspection are not certificated under this chapter or by the country in
which the station is located, their qualifications are determined by the
Administrator, based on their ability to meet the requirements of
paragraph (a) of this section as shown by oral or practical test or any
other method the Administrator elects.
(d) No person may be responsible for the supervision or final
inspection of work on an aircraft of United States registry at a foreign
repair station unless he can read, write, and understand English.
14 CFR 145.77 General operating rules.
Each certificated foreign repair station shall comply with the
operating rules prescribed in subpart B of this part, except for
145.61 and 145.63, and has the privileges of a domestic repair station
as provided in 145.51.
14 CFR 145.79 Records and reports.
(a) Each certificated foreign repair station shall maintain such
records, and make such reports, with respect to United States registered
aircraft, as the Administrator finds necessary, including those
prescribed in paragraphs (b) and (c) of this section.
(b) Each certificated foreign repair station shall keep a record of
the maintenance and alteration it performs on United States registered
aircraft, in enough detail to show the make, model, identification
number, and serial number of the aircraft involved, and a description of
the work. In a case of major repairs or major alterations, or both, it
shall report on a form and in a manner prescribed by the Administrator,
giving the original copy to the aircraft owner and sending a copy to the
Administrator through the FAA office having jurisdiction over the
station. However, if a major repair or alteration is made on a United
States scheduled flag air carrier aircraft, the report may be made in
the log or other record provided by the carrier for that purpose. Upon
request, the station shall make all of its maintenance and alteration
records available to the Administrator.
(c) Each certificated foreign repair station shall, within 72 hours
after it discovers any serious defect in, or other recurring unairworthy
condition of, any aircraft, powerplant, propeller, or any component of
any of them, that it works on under this part, report that defect or
unairworthy condition to the Administrator.
(d) The holder of a foreign repair station certificate 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.
(Doc. No. 1157, 27 FR 6662, July 13, 1962, as amended by Amdt.
145-9, 35 FR 3155, Feb. 19, 1970; Amdt. 145-13, 35 FR 18189, Nov. 28,
1970)
14 CFR 145.79 Subpart D -- Limited Ratings for Manufacturers
Authority: Secs. 313(a), 601, 602, 605, and 607, 72 Stat. 752; 49
U.S.C. 1354(a), 1421, 1422, 1425, and 1427.
Source: Docket No. 1221, 31 FR 5249, Apr. 1, 1966, unless
otherwise noted.
14 CFR 145.101 Application and issue.
(a) Upon application in a form and manner prescribed by the
Administrator, a repair station certificate with a limited rating for a
manufacturer may be issued without further showing to --
(1) The holder or licensee of a Type Certificate who has an approved
production inspection system;
(2) The holder of a Production Certificate;
(3) Any person who meets the requirements of 21.303 of this chapter,
and has the prescribed Fabrication Inspection System; and
(4) The holder of a Technical Standard Order (TSO) authorization.
(b) Limited ratings are issued under paragraph (a) of this section
for --
(1) Aircraft manufactured by the holder of the rating under a Type
Certificate or a Production Certificate;
(2) Aircraft engines manufactured by the holder of the rating under a
Type Certificate or a Production Certificate;
(3) Propellers manufactured by the holder of the rating under a Type
Certificate or a Production Certificate;
(4) Appliances manufactured by the holder of the rating (i) under a
Type Certificate, (ii) under a Production Certificate, (iii) under a TSO
authorization, or (iv) in accordance with 21.303 of this chapter; and
(5) Parts manufactured by the holder of the rating under a TSO
authorization or in accordance with 21.303 of this chapter.
14 CFR 145.103 Privileges of certificates.
(a) The holder of a repair station certificate issued under this
subpart may maintain and approve for return to service any article for
which it is rated, and perform preventive maintenance on that article,
if certificated mechanics or repairmen are employed directly in charge
of the maintenance and preventive maintenance.
(b) The privileges granted under this section apply to any location
or facility unless the certificate limits the holder to specific
locations or facilities.
14 CFR 145.105 Performance standards.
Except as provided in 145.2, each holder of a certificate issued
under this subpart shall perform its maintenance and preventive
maintenance operations in accordance with part 43 of this chapter.
(Amdt. 145-7, 31 FR 10614, Aug. 9, 1966)
14 CFR 145.105 Pt. 145, App. A
14 CFR 145.105 Appendix A to Part 145
Note: When an asterisk (*) is shown after any job function listed in
this appendix it indicates that the applicant need not have the
equipment and material on his premises for performing this job function
provided he contracts that particular type work to an outside agency
having such equipment and material.
(a) An applicant for a Class 1, 2, 3, or 4 airframe rating must
provide equipment and material necessary for efficiently performing the
following job functions:
(1) Steel structural components:
Repair or replace steel tubes and fittings using the proper welding
techniques when appropriate.
Anticorrosion treatment of the interior and exterior of steel parts,
Metal plating or anodizing*,
Simple machine operations such as making bushings, bolts, etc.,
Complex machine operations involving the use of planers, shapers,
milling machines, etc.*,
Fabricate steel fittings,
Abrasive air blasting and chemical cleaning operations*,
Heat treatment*,
Magnetic inspection*,
Repair or rebuilt metal tanks*.
(2) Wood structure:
Splice wood spars,
Repair ribs and spars (wood),
Fabricate wood spars*,
Repair or replace metal ribs,
Interior alignment of wings,
Repair or replace plywood skin,
Treatment against wood decay.
(3) Alloy skin and structural components:
Repair and replace metal skin, using power tools and equipment,
Repair and replace alloy members and components such as tubes,
channels, cowlings, fittings, attach angles, etc.,
Alignment of components using jigs or fixtures as in the case of
joining fuselage sections or other similar operations,
Make up wooden forming blocks or dies,
Fluorescent inspection of alloy components*,
Fabricate alloy members and components such as tubes, channels,
cowlings, fittings, attach angles, etc.*
(4) Fabric covering:
Repairs to fabric surfaces,
Recovering and refinishing of components and entire aircraft*.
(5) Control systems:
Renewing control cables, using swaging and splicing techniques,
Rigging complete control system,
Renewing or repairing all control system hinge point components such
as pins, bushings, etc.,
Install control system units and components.
(6) Landing gear systems:
Renew or repair all landing gear hinge point components and
attachments such as bolts, bushings, fittings, etc.,
Overhaul and repair elastic shock absorber units,
Overhaul and repair hydraulic-pneumatic shock absorber units*,
Overhaul and repair brake system components*,
Conduct retraction cycle tests,
Overhaul and repair electrical circuits,
Overhaul and repair hydraulic system components*,
Repair or fabricate hydraulic lines.
(7) Electric wiring systems:
Diagnose malfunctions,
Repair or replace wiring,
Installation of electrical equipment,
Bench check electrical components (this check is not to be confused
with the more complex functional test after overhaul).
(8) Assembly operations:
Assembly of airframe component parts such as landing gear, wings,
controls, etc.,
Rigging and alignment of airframe components, including the complete
aircraft and control system,
Installation of powerplants,
Installation of instruments and accessories,
Assembly and fitting of cowling, fairings, etc.,
Repair and assembly of plastic components such as windshields,
windows, etc.,
Jack or hoist complete aircraft.
Conduct aircraft weight and balance operations (this function will be
conducted in draft-free area)*,
Balance control surfaces.
(b) An applicant for any class of power-plant rating must provide
equipment and material necessary for efficiently performing the
following job functions appropriate to the class of rating applied for:
(1) Classes 1 and 2. (i) Maintain and alter powerplants, including
replacement of parts:
Chemical and mechanical cleaning,
Disassembly operations,
Replacement of valve guides and seats*,
Replacement of bushings, bearings, pins, inserts, etc.,
Plating operations (copper, silver, cadmium, etc.)*,
Heating operations (involving the use of recommended techniques
requiring controlled heating facilities),
Chilling or shrinking operations,
Removal and replacement of studs,
Inscribing or affixing identification information,
Painting of powerplants and components,
Anticorrosion treatment for parts,
Replacement and repair of powerplant alloy sheet metal and steel
components such as baffles, fittings, etc.*
(ii) Inspect all parts, using appropriate inspection aids:
Magnetic, fluorescent and other acceptable inspection aids*,
Precise determination of clearances and tolerances of all parts,
Inspection for alignment of connecting rods, crankshafts, impeller
shafts, etc.,
Balancing of parts, including crankshafts, impellers, etc.*,
Inspection of valve springs.
(iii) Accomplish routine machine work:
Precision grinding, honing and lapping operations (includes
crankshaft, cylinder barrels, etc.)*,
Precision drilling, tapping, boring, milling and cutting operations*,
Reaming of inserts, bushings, bearings and other similar components,
Refacing of valves.
(iv) Perform assembly operations:
Valve and ignition timing operations,
Fabricate and test ignition harnesses,
Fabricate and test rigid and flexible fluid lines,
Prepare engines for long- or short-term storage,
Functional check powerplant accessories (this check is not to be
confused with the more complex performance test of overhaul)*,
Hoist engines by mechanical means,
Install engines in aircraft*,
Align and adjust engine controls*,
Installation of engines in aircraft and alignment and adjustment of
engine controls, when completed, must be inspected by either an
appropriately rated certificated mechanic or certificated repairman.
Persons supervising or inspecting these functions must thoroughly
understand the pertinent installation details involved.
(v) Test overhauled powerplants in compliance with manufacturers'
recommendations: The test equipment will be the same as recommended by
the manufacturers of the particular engines undergoing test or
equivalent equipment that will accomplish the same purpose. The testing
function may be performed by the repair station itself, or may be
contracted to an outside agency. In either case the repair station will
be responsible for the final acceptance of the tested engine.
(2) Class 3. Functional and equipment requirements for turbine
engines will be governed entirely by the recommendations of the
manufacturer, including techniques, inspection methods, and test.
(c) An applicant for any class of propeller rating must provide
equipment and material necessary for efficiently performing the
following job functions appropriate to the class of rating applied for:
(1) Class 1. (i) Maintain and alter propellers, including
installation and replacement of parts:
Replace blade tipping,
Refinish wood propellers,
Make wood inlays,
Refinish plastic blades,
Straighten bent blades within repairable tolerances,
Modify blade diameter and profile,
Polish and buff,
Painting operations,
Remove from and reinstall on powerplants.
(ii) Inspect components, using appropriate inspection aids:
Inspect propellers for conformity with manufacturer's drawings and
specifications,
Inspect hubs and blades for failures and defects, using magnetic or
fluorescent inspection devices*,
Inspect hubs and blades for failures and defects, using all visual
aids, including the etching of parts,
Inspect hubs for wear of splines or keyways or any other defect.
(iii) Repair or replace components: (Not applicable to this class).
(iv) Balance propellers:
Test for proper track on aircraft,
Test for horizontal and vertical unbalance (this test will be
accomplished with the use of precision equipment).
(v) Test propeller pitch-changing mechanisms: (Not applicable to
this class).
(2) Class 2. (i) Maintain and alter propellers, including
installation and the replacement of parts:
All functions listed under paragraph (c)(1)(i) of this appendix when
applicable to the make and model propeller for which a rating is sought,
Properly lubricate moving parts,
Assemble complete propeller and subassemblies, using special tools
when required.
(ii) Inspect components, using appropriate inspection aids: All
functions listed under paragraph (c)(1)(ii) of this appendix when
applicable to the make and model propeller for which a rating is sought.
(iii) Repair or replace component parts:
Replace blades, hubs, or any of their components,
Repair or replace anti-icing devices,
Remove nicks or scratches from metal blades,
Repair or replace electrical propeller components.
(iv) Balance propellers: All functions listed under paragraph
(c)(1)(iv) of this appendix when applicable to the make and model
propeller for which a rating is sought.
(v) Test propeller pitch-changing mechanism:
Test hydraulically, propellers and components,
Test electrically operated propellers and components,
Test of constant speed devices*.
(d) An applicant for a radio rating must provide equipment and
materials as follows:
(1) For a Class 1 (Communications) radio rating, the equipment and
materials necessary for efficiently performing the job functions listed
in paragraph (4) and the following job functions:
The testing and repair of headsets, speakers, and microphones.
The measuring of radio transmitter power output.
(2) For a Class 2 (Navigation) radio rating, the equipment and
materials necessary for efficiently performing the job functions listed
in paragraph (4) and the following job functions:
The testing and repair of headsets.
The testing of speakers.
The repair of speakers.*
The measuring of loop antenna sensitivity by appropriate methods.
The determination and compensation for quadrantal error in aircraft
direction finder radio equipment.
The calibration of any radio navigational equipment, enroute and
approach aids, or similar equipment, appropriate to this rating to
approved performance standards.
(3) For Class 3 (Radar) radio rating, the equipment and materials
necessary for efficiently performing the job functions listed in
paragraph (4) and the following job functions:
The measuring of radio transmitter power output.
The metal plating of transmission lines, wave guides, and similar
equipment in accordance with appropriate specifications.*
The pressurization of appropriate radar equipment with dry air,
nitrogen, or other specified gases.
(4) For all classes of radio ratings, the equipment and materials
necessary for efficiently performing the following job functions:
Perform physical inspection of radio systems and components by visual
and mechanical methods.
Perform electrical inspection of radio systems and components by
means of appropriate electrical and/or electronic test instruments.
Check aircraft wiring, antennas, connectors, relays, and other
associated radio components to detect installation faults.
Check engine ignition systems and aircraft accessories to determine
sources of electrical interference.
Check aircraft power supplies for adequacy and proper functioning.
Test radio instruments.*
Overhaul, test, and check dynamotors, inverters, and other radio
electrical apparatus.*
Paint and refinish equipment containers.*
Accomplish appropriate methods of marking calibrations, or other
information on radio control panels and other components, as required.*
Make and reproduce drawings, wiring diagrams, and other similar
material required to record alterations and/or modifications to radio
(photographs may be used in lieu of drawings when they will serve as an
equivalent or better means of recording).*
Fabricate tuning shaft assemblies, brackets, cable assemblies, and
other similar components used in radios or aircraft radio
installations.*
Align tuned circuits (RF and IF).
Install and repair aircraft antennas.
Install complete radio systems in aircraft and prepare weight and
balance reports* (That phase of radio installation requiring alterations
to the aircraft structure must be performed, supervised, and inspected
by qualified personnel).
Measure modulation values, noise, and distortion in radios.
Measure audio and radio frequencies to appropriate tolerances and
perform calibration necessary for the proper operation of radios.
Measure radio component values (inductance, capacitance, resistance,
etc.).
Measure radiofrequency transmission line attenuation.
Determine wave forms and phase in radios when applicable.
Determine proper aircraft radio antenna, lead-in and transmission
line characteristics and locations for type of radio equipment to which
connected.
Determine operational condition of radio equipment installed in
aircraft by using appropriate portable test apparatus.
Determine proper location for radio antennas on aircraft.
Test all types of electronic tubes, transistors, or similar devices
in equipment appropriate to the rating.
(e) An applicant for any class of instrument rating must provide
equipment and material necessary for efficiently performing the
following job functions, in accordance with pertinent specifications and
manufacturers' recommendations, appropriate to the class of rating
applied for:
(1) Class 1. (i) Diagnose instrument malfunctions: Diagnose
malfunctioning of the following instruments:
Rate of climb indicators,
Altimeters,
Air speed indicators,
Vacuum indicators,
Oil pressure gauges,
Fuel pressure gauges,
Hydraulic pressure gauges,
Deicing pressure gauges,
Pitot-static tube,
Direct indicating compasses,
Accelerometer,
Direct indicating tachometers,
Direct reading fuel quantity gauges,
Optical (sextants, drift sights, etc.)*.
(ii) Maintain and alter instruments, including installation and
replacement of parts:
Perform these functions on instruments listed under paragraph
(e)(1)(i) of this appendix.
The function of installation includes fabrication of instrument
panels and other installation structural components. The repair station
should be equipped to perform this function. However, it may be
contracted to a competent outside agency equipped to perform the
function.
(iii) Inspect, test and calibrate instruments: Perform these
functions on instruments listed under paragraph (e)(1)(i) of this
appendix, on and off the aircraft, when appropriate.
(2) Class 2. (i) Diagnose instrument malfunctions: Diagnose
malfunctioning of the following instruments:
Tachometers,
Synchroscope,
Electric temperature indicators,
Electric resistance type indicators,
Moving magnet type indicators,
Resistance type fuel indicators,
Warning units (oil-fuel),
Selsyn systems and indicators,
Self-synchronous systems and indicators,
Remote indicating compasses,
Fuel quantity indicators,
Oil quantity indicators,
Radio indicators,
Ammeters,
Voltmeters.
(ii) Maintain and alter instruments, including installation and the
replacement of parts:
Perform these functions on instruments listed under paragraph
(e)(2)(i) of this appendix.
The function of installation includes fabrication of instrument
panels and other installation structural components. The repair station
should be equipped to perform this function. However, it may be
contracted to a competent outside agency equipped to perform the
function.
(iii) Inspect, test and calibrate instruments: Perform these
functions on instruments listed under paragraph (e)(2)(i) of this
appendix, on and off the aircraft, when appropriate.
(3) Class 3. (i) Diagnose instrument malfunctions: Diagnose
malfunctioning of the following instruments:
Turn and bank indicators,
Directional gyros,
Horizon gyros,
Auto pilot control units and components*,
Remote reading direction indicators*.
(ii) Maintain and alter instruments, including installation and
replacement of parts:
Perform these functions on instruments listed under paragraph
(e)(3)(i) of this appendix.
The function of installation includes fabrication of instrument
panels and other installation structural components. The repair station
should be equipped to perform this function. However, it may be
contracted to a competent outside agency equipped to perform the
function.
(iii) Inspect, test and calibrate instruments: Perform these
functions on instruments listed under paragraph (e)(3)(i) of this
appendix, on and off the aircraft, when appropriate.
(4) Class 4. (i) Diagnose instrument malfunctions: Diagnose
malfunctioning of the following instruments:
Capacitance type quantity gauge,
Other electronic instruments,
Engine analyzers.
(ii) Maintain and alter instruments, including installation and
replacement of parts:
Perform these functions on instruments listed under paragraph
(e)(4)(i) of this appendix.
The function of installation includes fabrication of instrument
panels and other installation structural components. The repair station
should be equipped to perform this function. However, it may be
contracted to a competent outside agency equipped to perform the
function.
(iii) Inspect, test and calibrate instruments: Perform these
functions on instruments listed under paragraph (e)(4)(i) of this
appendix, on and off the aircraft, when appropriate.
(f) An applicant for a Class 1, 2, or 3 accessory rating must provide
equipment and material necessary for efficiently performing the
following job functions, in accordance with pertinent specifications and
the manufacturers' recommendations:
(1) Diagnose accessory malfunctions.
(2) Maintain and alter accessories, including installation and the
replacement of the parts.
(3) Inspect, test, and, where necessary, calibrate accessories.
(Secs. 313, 314, and 601 through 610, of the Federal Aviation Act of
1958, as amended (49 U.S.C. 1354, 1355, 1421 through 1430); sec. 6(c),
Dept. of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1157, 27 FR 11693, Nov. 28, 1962, as amended by Amdt.
145-14, 35 FR 19349, Dec. 22, 1970; Amdt. 145-19, 47 FR 33391, Aug. 2,
1982)
14 CFR 145.105 PART 147 -- AVIATION MAINTENANCE TECHNICIAN SCHOOLS
14 CFR 145.105 Subpart A -- General
Sec.
147.1 Applicability.
147.3 Certificate required.
147.5 Application and issue.
147.7 Duration of certificates.
14 CFR 145.105 Subpart B -- Certification Requirements
147.11 Ratings.
147.13 Facilities, equipment, and material requirements.
147.15 Space requirements.
147.17 Instructional equipment requirements.
147.19 Material, tool, and shop equipment requirements.
147.21 General curriculum requirements.
147.23 Instructor requirements.
14 CFR 145.105 Subpart C -- Operating Rules
147.31 Attendance and enrollment, tests and credit for prior
instruction or experience.
147.33 Records.
147.35 Transcripts and graduation certificates.
147.36 Maintenance of instructor requirements.
147.37 Maintenance of facilities, equipment and material.
147.38 Maintenance of curriculum requirements.
147.38a Quality of instruction.
147.39 Display of certificate.
147.41 Change of location.
147.43 Inspection.
147.45 Advertising.
Appendix A to Part 147 -- Curriculum Requirements
Appendix B to Part 147 -- General Curriculum Subjects
Appendix C to Part 147 -- Airframe Curriculum Subjects
Appendix D to Part 147 -- Powerplant Curriculum Subjects
Authority: Secs. 313(a), 314, 601, and 607, 72 Stat. 752; 49
U.S.C. 1354(a), 1355, 1421, and 1427.
Source: Docket No. 1157, 27 FR 6669 July 13, 1962, unless otherwise
noted.
14 CFR 145.105 Subpart A -- General
14 CFR 147.1 Applicability.
This part prescribes the requirements for issuing aviation
maintenance technician school certificates and associated ratings and
the general operating rules for the holders of those certificates and
ratings.
14 CFR 147.3 Certificate required.
No person may operate as a certificated aviation maintenance
technician school without, or in violation of, an aviation maintenance
technician school certificate issued under this part.
(Doc. No. 15196, 41 FR 47230, Oct. 28, 1976)
14 CFR 147.5 Application and issue.
(a) An application for a certificate and rating, or for an additional
rating, under this part is made on a form and in a manner prescribed by
the Administrator, and submitted with --
(1) A description of the proposed curriculum;
(2) A list of the facilities and materials to be used (with
photographs of the facilities, if possible);
(3) A list of its instructors, including the kind of certificate and
ratings held, the certificate number, and the subjects to be taught by
each; and
(4) A statement of the maximum number of students it expects to teach
at any one time.
(b) An applicant who meets the requirements of this part is entitled
to an aviation maintenance technician school certificate and associated
ratings prescribing such operations specifications and limitations as
are necessary in the interests of safety.
14 CFR 147.7 Duration of certificates.
(a) An aviation maintenance technician school certificate or rating
is effective until it is surrendered, suspended, or revoked.
(b) The holder of a certificate that is surrendered, suspended, or
revoked, shall return it to the Administrator.
(Doc. No. 1157, 27 FR 6669, July 19, 1962, as amended by Amdt.
147-3, 41 FR 47230, Oct. 28, 1976)
14 CFR 147.7 Subpart B -- Certification Requirements
14 CFR 147.11 Ratings.
The following ratings are issued under this part:
(a) Airframe.
(b) Powerplant.
(c) Airframe and powerplant.
14 CFR 147.13 Facilities, equipment, and material requirements.
An applicant for an aviation maintenance technician school
certificate and rating, or for an additional rating, must have at least
the facilities, equipment, and materials specified in 147.15 to 147.19
that are appropriate to the rating he seeks.
14 CFR 147.15 Space requirements.
An applicant for an aviation maintenance technician school
certificate and rating, or for an additional rating, must have such of
the following properly heated, lighted, and ventilated facilities as are
appropriate to the rating he seeks and as the Administrator determines
are appropriate for the maximum number of students expected to be taught
at any time:
(a) An enclosed classroom, separate from other space and facilities,
suitable for teaching theory classes.
(b) Suitable facilities, either central or located in training areas,
arranged to assure proper separation from the working space for the
segregation and protection of parts, tools, materials, and similar
articles.
(c) Suitable separate space for doping and paint spraying.
(d) Suitable separate space equipped with washtank and degreasing
equipment with air pressure, or other adequate cleaning equipment.
(e) Suitable facilities for running engines.
(f) Suitable separate space, with adequate equipment, including
benches, tables, and instruments, to disassemble, repair, assemble,
test, service, and inspect --
(1) Ignition, electrical equipment, and appliances;
(2) Carburetors and fuel systems; and
(3) Hydraulic and vacuum systems for aircraft, aircraft engines, and
their appliances.
(g) Suitable space, with adequate equipment including tables,
benches, horses, stands, and jacks, for disassembling, inspecting, and
rigging aircraft.
(h) Suitable space, with adequate equipment, for disassembling,
inspecting, overhauling, assembling, troubleshooting, and timing
engines.
(Amdt. 147-2, 35 FR 5533, Apr. 3, 1970)
14 CFR 147.17 Instructional equipment requirements.
(a) An applicant for a mechanic school certificate and rating, or for
an additional rating, must have such of the following instructional
equipment as is appropriate to the rating he seeks:
(1) Various kinds of airframe structures, airframe systems and
components, powerplants, and powerplant systems and components
(including propellers), of a quantity and type suitable to complete the
practical projects required by its approved curriculums.
(2) At least one aircraft of a type currently certificated by FAA for
private or commercial operation, with powerplant, propeller,
instruments, two-way radio, landing lights, and other equipment and
accessories on which a mechanic might be required to work and with which
he should be familiar.
(b) The equipment required by paragraph (a) of this section need not
be in an airworthy condition. However, if it was damaged, it must have
been repaired enough for complete assembly.
(c) Airframes, powerplants, propellers, appliances, and components
thereof, on which instruction is to be given, and from which practical
working experience is to be gained, must be so diversified as to show
the different methods of construction, assembly, inspection, and
operation when installed in an aircraft for use. There must be enough
units so that not more than eight students will work on any one unit at
a time.
(d) If the aircraft used for instructional purposes does not have
retractable landing gear and wing flaps, the school must provide
training aids, or operational mock-ups of them.
(Doc. No. 1157, 27 FR 6669, July 19, 1962)
14 CFR 147.19 Material, tool, and shop equipment requirements.
An applicant for a mechanic school certificate and rating, or for an
additional rating, must have an adequate supply of material and tools,
and such of the shop equipment, special tools, and other miscellaneous
tools and equipment as are appropriate to the approved curriculum of the
school and are used in constructing and maintaining aircraft, to assure
that each student will be properly instructed. The tools and shop
equipment must be in satisfactory working condition and of the proper
kind for the purpose for which they are to be used.
14 CFR 147.21 General curriculum requirements.
(a) An applicant for an aviation maintenance technician school
certificate and rating, or for an additional rating, must have an
approved curriculum that is designed to qualify his students to perform
the duties of a mechanic for a particular rating or ratings.
(b) The curriculum must offer at least the following number of hours
of instruction for the rating shown:
(1) Airframe -- 1,150 hours (400 general plus 750 airframe).
(2) Powerplant -- 1,150 hours (400 general plus 750 powerplant).
(3) Combined airframe and powerplant -- 1,900 hours (400 general plus
750 airframe and 750 powerplant).
(c) The curriculum must cover the subjects and items prescribed in
Appendix B, and in Appendix C or D as applicable. Each item must be
taught at the indicated level of proficiency, as defined in Appendix A.
(d) The curriculum must show --
(1) The required practical projects to be completed;
(2) For each subject, the proportions of theory and other instruction
to be given; and
(3) A schedule of the required school tests to be given.
(e) The curriculum must be so designed that at least 50 percent of
the total curriculum time is spent in shop and laboratory instruction.
(Doc. No. 1157, 27 FR 6669, July 13, 1962 as amended by Amdt. 147-1,
32 FR 5770 Apr. 11, 1967)
14 CFR 147.23 Instructor requirements.
An applicant for an aviation maintenance technican school certificate
and rating, or for an additional rating, must provide the number of
instructors holding appropriate mechanic certificates and ratings that
the Administrator determines necessary to provide adequate instruction
and supervision of the students, including at least one such instructor
for each 25 students in each shop or laboratory class. However, the
applicant may provide specialized instructors, who are not certificated
mechanics, to teach only mathematics, physics, drawing, and similar
subjects.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970)
14 CFR 147.23 Subpart C -- Operating Rules
14 CFR 147.31 Attendance and enrollment, tests, and credit for prior
instruction or experience.
(a) A certificated aviation maintenance technician school may not
require any student to attend classes of instruction more than 8 hours
in any day or more than 6 days or 40 hours in any 7-day period.
(b) Each school shall give an appropriate test to each student who
completes a subject at that school.
(c) A school may not graduate a student unless he has completed all
of the appropriate curriculum requirements. However, the school may
credit a student with instruction or previous experience as follows:
(1) A school may credit a student with instruction satisfactorily
completed at --
(i) An accredited university, college, junior college;
(ii) An accredited vocational, technical, trade or high school;
(iii) A military technical school;
(iv) An aviation maintenance technician school, before or after its
certification, other than the crediting school.
(2) A school may determine the amount of credit to be allowed --
(i) By an entrance test equal to one given to the students who
complete a comparable required curriculum subject at the crediting
school;
(ii) By an evaluation of an authenticated transcript from the
student's former school; or
(iii) In the case of an applicant from a military school, only on the
basis of an entrance test.
(3) A school may credit a student with previous mechanic experience
comparable to required curriculum subjects. It must determine the
amount of credit to be allowed by documents verifying that experience,
and by giving the student a test equal to the one given to students who
complete the comparable required curriculum subject at the school.
(d) A school may not have more students enrolled than the number
stated in its application for a certificate, unless it amends its
application and has it approved.
(e) A school shall use an approved system for determining final
course grades, and for recording and controlling student attendance.
The system must show hours of absence allowed, and makeup provisions for
classes missed.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-4, 43
FR 22643, May 25, 1978)
14 CFR 147.33 Records.
(a) Each certificated aviation maintenance technician school shall
keep a current record of each student enrolled, showing --
(1) His attendance, tests, and grades received on the subjects
required by this part;
(2) The instruction credited to him under 147.31(c), if any; and
(3) The authenticated transcript of his grades from that school.
It shall retain the record for at least two years after the end of
the student's enrollment, and shall make each record available for
inspection by the Administrator during that period.
(b) Each school shall keep a current progress chart or individual
progress record for each of its students, showing the practical projects
or laboratory work completed, or to be completed, by the student in each
subject.
(Doc. No. 1157, 27 FR 6669, July 13, 1962)
14 CFR 147.35 Transcripts and graduation certificates.
(a) Each certificated aviation maintenance technician school shall
give a transcript of his grades to each student who is graduated from
that school or who leaves it before being graduated. An official of the
school shall authenticate the transcript. The transcript must state the
curriculum and courses in which the student was enrolled, whether the
student satisfactorily completed that curriculum and the final grades he
received.
(b) Each school shall give a graduation certificate or certificate of
completion to each student that it graduates. An official of the school
shall authenticate the certificate. The certificate must show the date
of graduation and the approved curriculum title.
(Doc. No. 1157, 27 FR 6669, July 13, 1962)
14 CFR 147.36 Maintenance of instructor requirements.
Each certificated aviation maintenance technician school shall, after
certification or addition of a rating, continue to provide the number of
instructors holding appropriate mechanic certificates and ratings that
the Administrator determines necessary to provide adequate instruction
and supervision of the students, including at least one such instructor
for each 25 students in each shop or laboratory class. The school may
continue to provide specialized instructors, who are not certificated
mechanics, to teach only mathematics, physics, drawing, and similar
subjects.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970)
14 CFR 147.37 Maintenance of facilities, equipment, and material.
(a) Each certificated aviation maintenance technician school shall
provide facilities, equipment, and material equal to the standards
currently required for the issue of the certificate and rating that it
holds.
(b) A school may not make a substantial change in facilities,
equipment, or material that have been approved for a particular
curriculum, unless that change is approved in advance.
14 CFR 147.38 Maintenance of curriculum requirements.
(a) Each certificated aviation maintenance technician school shall
adhere to its approved curriculum.
(b) A school may not change its approved curriculum unless the change
is approved in advance.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970)
14 CFR 147.38a Quality of instruction.
Each certificated aviation maintenance technician school shall
provide instruction of such quality that, of its graduates of a
curriculum for each rating who apply for a mechanic certificate or
additional rating within 60 days after they are graduated, the
percentage of those passing the applicable FAA written tests on their
first attempt during any period of 24 calendar months is at least the
percentage figured as follows:
(a) For a school graduating fewer than 51 students during that period
-- the national passing norm minus the number 20.
(b) For a school graduating at least 51, but fewer than 201, students
during that period -- the national passing norm minus the number 15.
(c) For a school graduating more than 200 students during that period
-- the national passing norm minus the number 10.
As used in this section, ''national passing norm'' is the number
representing the percentage of all graduates (of a curriculum for a
particular rating) of all certificated aviation maintenance technician
schools who apply for a mechanic certificate or additional rating within
60 days after they are graduated and pass the applicable FAA written
tests on their first attempt during the period of 24 calendar months
described in this section.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970, as amended by Amdt. 147-3, 41
FR 47230, Oct. 28, 1976)
14 CFR 147.39 Display of certificate.
Each holder of an aviation maintenance technician school certificate
and ratings shall display them at a place in the school that is normally
accessible to the public and is not obscured. The certificate must be
available for inspection by the Administrator.
14 CFR 147.41 Change of location.
The holder of an aviation maintenance technician school certificate
may not make any change in the school's location unless the change is
approved in advance. If the holder desires to change the location he
shall notify the Administrator, in writing, at least 30 days before the
date the change is contemplated. If he changes its location without
approval, the certificate is revoked.
14 CFR 147.43 Inspection.
The Administrator may, at any time, inspect an aviation maintenance
technician school to determine its compliance with this part. Such an
inspection is normally made once each six months to determine if the
school continues to meet the requirements under which it was originally
certificated. After such an inspection is made, the school is notified,
in writing, of any deficiencies found during the inspection. Other
informal inspections may be made from time to time.
14 CFR 147.45 Advertising.
(a) A certificated aviation maintenance technician school may not
make any statement relating to itself that is false or is designed to
mislead any person considering enrollment therein.
(b) Whenever an aviation maintenance technician school indicates in
advertising that it is a certificated school, it shall clearly
distinguish between its approved courses and those that are not
approved.
14 CFR 147.45 Pt. 147, App. A
14 CFR 147.45 Appendix A to Part 147 -- Curriculum Requirements
This appendix defines terms used in Appendices B, C, and D of this
part, and describes the levels of proficiency at which items under each
subject in each curriculum must be taught, as outlined in Appendices B,
C, and D.
(a) Definitions. As used in Appendices B, C, and D:
(1) ''Inspect'' means to examine by sight and touch.
(2) ''Check'' means to verify proper operation.
(3) ''Troubleshoot'' means to analyze and identify malfunctions.
(4) ''Service'' means to perform functions that assure continued
operation.
(5) ''Repair'' means to correct a defective condition. Repair of an
airframe or powerplant system includes component replacement and
adjustment, but not component repair.
(6) ''Overhaul'' means to disassemble, inspect, repair as necessary,
and check.
(b) Teaching levels.
(1) Level 1 requires:
(i) Knowledge of general principles, but no practical application.
(ii) No development of manipulative skill.
(iii) Instruction by lecture, demonstration, and discussion.
(2) Level 2 requires:
(i) Knowledge of general principles, and limited practical
application.
(ii) Development of sufficient manipulative skill to perform basic
operations.
(iii) Instruction by lecture, demonstration, discussion, and limited
practical application.
(3) Level 3 requires:
(i) Knowledge of general principles, and performance of a high degree
of practical application.
(ii) Development of sufficient manipulative skill to accomplish
return to service.
(iii) Instruction by lecture, demonstration, discussion, and a high
degree of practical application.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970)
14 CFR 147.45 Pt. 147, App. B
14 CFR 147.45 Appendix B to Part 147 -- General Curriculum Subjects
This appendix lists the subjects required in at least 400 hours in
general curriculum subjects.
The number in parentheses before each item listed under each subject
heading indicates the level of proficiency at which that item must be
taught.
(Amdt. 147-2, 35 FR 5534, Apr. 3, 1970)
14 CFR 147.45 Pt. 147, App. C
14 CFR 147.45 Appendix C to Part 147 -- Airframe Curriculum Subjects
This appendix lists the subjects required in at least 750 hours of
each airframe curriculum, in addition to at least 400 hours in general
curriculum subjects.
The number in parentheses before each item listed under each subject
heading indicates the level of proficiency at which that item must be
taught.
(Amdt. 147-2, 35 FR 5535, Apr. 3, 1970)
14 CFR 147.45 Pt. 147, App. D
14 CFR 147.45 Appendix D to Part 147 -- Powerplant Curriculum Subjects
This appendix lists the subjects required in at least 750 hours of
each powerplant curriculum, in addition to at least 400 hours in general
curriculum subjects.
The number in parentheses before each item listed under each subject
heading indicates the level of proficiency at which that item must be
taught.
(Sec. 6(c), Dept. of Transportation Act; 49 U.S.C. 1655(c))
(Amdt. 147-2, 35 FR 5535, Apr. 3, 1970)
14 CFR 147.45 PART 149 -- PARACHUTE LOFTS
Sec.
149.1 Applicability.
149.3 Application and issue.
149.5 Duration of certificate.
149.7 Cooperation during inspection or test.
149.9 Persons authorized to maintain or alter parachutes.
149.11 Ratings.
149.13 Eligibility requirements: General.
149.15 Reports and records.
149.17 Maintenance of personnel, facilities equipment, and material.
149.19 Maintenance and alteration standards.
149.21 Material standards.
149.23 Drop testing.
149.25 Display of certificate.
149.27 Change of location.
Authority: Secs. 313(a), 314, 601, and 607, 72 Stat. 752; 49
U.S.C. 1354(a), 1355, 1421, and 1427.
Source: Docket No. 1157, 27 FR 6671, July 13, 1962, unless
otherwise noted.
Editorial Note: For miscellaneous amendments to cross references in
this part, see Amdt. 149-1, 31 FR 9211, July 6, 1966.
14 CFR 149.1 Applicability.
This part prescribes the requirements for issuing parachute loft
certificates and associated ratings and the general operating rules for
the holders of those certificates and ratings.
14 CFR 149.3 Application and issue.
(a) An application for a certificate and rating, or for an additional
rating, under this part is made on a form and in a manner prescribed by
the Administrator.
(b) An applicant who meets the requirements of this part is entitled
to a parachute loft certificate and appropriate ratings.
(c) The holder of a parachute loft certificate that has been revoked
may not apply for a certificate and rating under this part for one year
after it is revoked, unless the order of revocation provides otherwise.
14 CFR 149.5 Duration of certificate.
(a) A parachute loft certificate is effective until it is
surrendered, suspended, or revoked. However, the Administrator may
cancel such a certificate at any time within 60 days after the date it
is issued.
(b) The holder of a parachute loft certificate that is surrendered,
suspended, or revoked, shall upon the Administrator's request, return it
to the Administrator.
14 CFR 149.7 Cooperation during inspection or test.
Upon the Administrator's request, each applicant for a parachute loft
certificate must, and each holder of such a certificate shall, cooperate
fully during any inspection or test of him, or his personnel,
facilities, equipment, and records, by the Administrator.
14 CFR 149.9 Persons authorized to maintain or alter parachutes.
(a) Only the following persons may maintain or alter a parachute:
(1) Any person as authorized by part 65 of this chapter.
(2) A certificated parachute loft with an appropriate rating.
(3) The manufacturer.
(4) Any other manufacturer that the Administrator considers to be
competent.
(b) Each person who maintains or alters a parachute (except the main
parachute of a dual parachute pack used for intentional jumping) must
perform that maintenance or make that alteration in accordance with
approved manuals and specifications.
14 CFR 149.11 Ratings.
(a) The following ratings are issued under this part:
(1) Packing and general maintenance (not including major repair,
inspection or overhaul).
(2) Canopy overhaul.
(3) Harness overhaul.
(4) Metal parts and container overhaul.
(5) Drop testing.
(b) A parachute loft rating record is attached to each certificate
issued under this part. It contains the names of the ratings issued to
the holder of the certificate.
14 CFR 149.13 Eligibility requirements: general.
To be eligible for a parachute loft certificate and associated
ratings, or for an additional rating, an applicant must --
(a) Have personnel who are certificated and appropriately rated under
part 65 of this chapter and who are qualified to perform or supervise
the kind of work for which the applicant seeks a rating; and
(b) Have the facilities, equipment, and material necessary to do
efficiently the kind of work for which he seeks a rating, including
suitable housing that is adequately heated, lighted, and ventilated, an
adequate inspection system, adequate drawing equipment, and adequate
facilities for segregating and storing parts and materials.
14 CFR 149.15 Reports and records.
(a) Each holder of a parachute loft certificate shall make an
adequate record of all work done by him, including the names of the
persons doing the work. He shall keep each record made for at least two
years after the work is done.
(b) Each holder of a parachute loft certificate shall report, on a
form prescribed by the Administrator, any recurring or serious defect,
or other unairworthy conditions, that he finds in a parachute or a part
thereof.
14 CFR 149.17 Maintenance of personnel, facilities, equipment, and
material.
Each holder of a parachute loft certificate shall maintain personnel,
facilities, equipment, and material at least equal to that currently
required by 149.13 for the issue of the certificate and ratings he
holds.
14 CFR 149.19 Maintenance and alteration standards.
Each holder of a parachute loft certificate shall perform maintenance
and alteration operations in a workmanlike manner so as to maintain the
article worked on in, or restore it to, an airworthy condition.
14 CFR 149.21 Material standards.
Each holder of a parachute loft certificate shall use materials of
proper strength and quality for the maintenance or alteration operation
being performed.
14 CFR 149.23 Drop testing.
(a) Only the following may drop test a parachute:
(1) The manufacturer.
(2) Any other manufacturer that the Administrator considers to be
competent.
(3) A certificated parachute loft with a drop testing rating.
(b) Each holder of a parachute loft certificate shall drop test each
parachute on which he has performed a major repair or alteration on a
canopy, harness, container, accessory, or any combination of them,
whenever the certificated master parachute rigger who inspected it
considers that the repair or alteration may have affected the
structural, functional, or other airworthiness characteristic of the
article.
(c) Whenever it is necessary to determine the functional
characteristics of an entire parachute assembly, the loft shall drop
test it with a 150 pound dummy man (not including the weight of the
parachute) at an indicated airspeed of 70 miles an hour and an altitude
of at least 500 feet above the ground.
(d) Whenever it is necessary to determine the material strength
values in an entire parachute assembly, or the material airworthiness of
the entire assembly before maintenance, the loft shall drop test it with
a 190 pound dummy man (not including the weight of the parachute) at an
indicated airspeed of 120 miles an hour and an altitude of at least 500
feet above the ground.
14 CFR 149.25 Display of certificate.
Each holder of a parachute loft certificate and ratings shall display
them in a prominent place in the parachute loft.
14 CFR 149.27 Change of location.
The holder of a parachute loft certificate may not make any change in
the loft's location unless the change is approved, in writing, in
advance. If the holder desires to change the location he shall mail the
request to the Assistant Administrator of the region in which the loft
is located.
14 CFR 149.27 SUBCHAPTER I -- AIRPORTS
14 CFR 149.27 PART 150 -- AIRPORT NOISE COMPATIBILITY PLANNING
14 CFR 149.27 Subpart A -- General Provisions
Sec.
150.1 Scope and purpose.
150.3 Applicability.
150.5 Limitations of this part.
150.7 Definitions.
150.9 Designation of noise systems.
150.11 Identification of land uses.
150.13 Incorporations by reference.
14 CFR 149.27 Subpart B -- Development of Noise Exposure Maps and Noise
Compatibility Programs
150.21 Noise exposure maps and related descriptions.
150.23 Noise compatibility programs.
14 CFR 149.27 Subpart C -- Evaluations and Determinations of Effects of
Noise Compatibility Programs
150.31 Preliminary review; acknowledgments.
150.33 Evaluation of programs.
150.35 Determinations; publications; effectivity.
Appendix A to Part 150 -- Noise Exposure Maps
Appendix B to Part 150 -- Noise Compatibility Programs
Authority: 49 U.S.C. 1348, 1354(a), 1421, 1431, 2101, 2102, 2103(a),
2104 (a) and (b), 2201 et seq. ; 49 U.S.C. 106(g) (Revised, Pub. L.
97-449, Jan. 12, 1983).
Source: Docket No. 18691, 49 FR 49269, Dec. 18, 1984, unless
otherwise noted.
14 CFR 149.27 Subpart A -- General Provisions
14 CFR 150.1 Scope and purpose.
This part prescribes the procedures, standards, and methodology
governing the development, submission, and review of airport noise
exposure maps and airport noise compatibility programs, including the
process for evaluating and approving or disapproving those programs. It
prescribes single systems for -- (a) measuring noise at airports and
surrounding areas that generally provides a highly reliable relationship
between projected noise exposure and surveyed reaction of people to
noise; and (b) determining exposure of individuals to noise that
results from the operations of an airport. This part also identifies
those land uses which are normally compatible with various levels of
exposure to noise by individuals. It provides technical assistance to
airport operators, in conjunction with other local, State, and Federal
authorities, to prepare and execute appropriate noise compatibility
planning and implementation programs.
14 CFR 150.3 Applicability.
This part applies to the airport noise compatibility planning
activities of the operators of ''public use airports,'' including
heliports, as that term is used in section 101(1) of the ASNA Act as
amended (49 U.S.C. 2101) and as defined in section 503(17) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. 2202).
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-1, 53 FR 8723, Mar. 16, 1988)
14 CFR 150.5 Limitations of this part.
(a) Pursuant to the ASNA Act (49 U.S.C. 2101 et seq.), this part
provides for airport noise compatibility planning and land use programs
necessary to the purposes of those provisions. No submittal of a map,
or approval or disapproval, in whole or part, of any map or program
submitted under this part is a determination concerning the
acceptability or unacceptability of that land use under Federal, State,
or local law.
(b) Approval of a noise compatibility program under this part is
neither a commitment by the FAA to financially assist in the
implementation of the program, nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA.
(c) Approval of a noise compatibility program under this part does
not by itself constitute an FAA implementing action. A request for
Federal action or approval to implement specific noise compatibility
measures may be required, and an FAA decision on the request may require
an environmental assessment of the proposed action, pursuant to the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and
applicable regulations, directives, and guidelines.
(d) Acceptance of a noise exposure map does not constitute an FAA
determination that any specific parcel of land lies within a particular
noise contour. Responsibility for interpretation of the effects of
noise contours upon subjacent land uses, including the relationship
between noise contours and specific properties, rests with the sponsor
or with other state or local government.
14 CFR 150.7 Definitions.
As used in this part, unless the context requires otherwise, the
following terms have the following meanings.
Airport means any public use airport, including heliports, as defined
by the ASNA Act, including: (a) Any airport which is used or to be used
for public purposes, under the control of a public agency, the landing
area of which is publicly owned; (b) any privately owned reliever
airport; and (c) any privately owned airport which is determined by the
Secretary to enplane annually 2,500 or more passengers and receive
scheduled passenger service of aircraft, which is used or to be used for
public purposes.
Airport noise compatibility program and program mean that program,
and all revisions thereto, reflected in documents (and revised
documents) developed in accordance with Appendix B of this part,
including the measures proposed or taken by the airport operator to
reduce existing noncompatible land uses and to prevent the introduction
of additional noncompatible land uses within the area.
Airport Operator means, the operator of an airport as defined in the
ASNA Act.
ASNA Act means the Aviation Safety and Noise Abatement Act of 1979,
as amended (49 U.S.C. 2101 et seq.).
Average sound level means the level, in decibels, of the mean-square,
A-weighted sound pressure during a specified period, with reference to
the square of the standard reference sound pressure of 20 micropascals.
Compatible land use means the use of land that is identified under
this part as normally compatible with the outdoor noise environment (or
an adequately attenuated noise level reduction for any indoor activities
involved) at the location because the yearly day-night average sound
level is at or below that identified for that or similar use under
Appendix A (Table 1) of this part.
Day-night average sound level (DNL) means the 24-hour average sound
level, in decibels, for the period from midnight to midnight, obtained
after the addition of ten decibels to sound levels for the periods
between midnight and 7 a.m., and between 10 p.m., and midnight, local
time. The symbol for DNL is Ldn.
Noise exposure map means a scaled, geographic depiction of an
airport, its noise contours, and surrounding area developed in
accordance with section A150.101 of Appendix A of this part, including
the accompanying documentation setting forth the required descriptions
of forecast aircraft operations at that airport during the fifth
calendar year beginning after submission of the map, together with the
ways, if any, those operations will affect the map (including noise
contours and the forecast land uses).
Noise level reduction (NLR) means the amount of noise level reduction
in decibels achieved through incorporation of noise attenuation (between
outdoor and indoor levels) in the design and construction of a
structure.
Noncompatible land use means the use of land that is identified under
this part as normally not compatible with the outdoor noise environment
(or an adequately attenuated noise reduction level for the indoor
activities involved at the location) because the yearly day-night
average sound level is above that identified for that or similar use
under Appendix A (Table 1) of this part.
Regional Airports Division Manager means the Airports Division
Manager having responsibility for the geographic area in which the
airport in question is located.
Restriction affecting flight procedures means any requirement,
limitation, or other action affecting the operation of aircraft, in the
air or on the ground.
Sound exposure level means the level, in decibels, of the time
integral of squared A-weighted sound pressure during a specified period
or event, with reference to the square of the standard reference sound
pressure of 20 micropascals and a duration of one second.
Yearly day-night average sound level (YDNL) means the 365-day
average, in decibels, day-night average sound level. The symbol for
YDNL is also Ldn.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-1, 53 FR 8724, Mar. 16, 1988; 53 FR 9726, Mar. 24, 1988; Amdt.
150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.9 Designation of noise systems.
For purposes of this part, the following designations apply:
(a) The noise at an airport and surrounding areas covered by a noise
exposure map must be measured in A-weighted sound pressure level (LA) in
units of decibels (dBA) in accordance with the specifications and
methods prescribed under Appendix A of this part.
(b) The exposure of individuals to noise resulting from the operation
of an airport must be established in terms of yearly day-night average
sound level (YDNL) calculated in accordance with the specifications and
methods prescribed under Appendix A of this part.
(c) Uses of computer models to create noise contours must be in
accordance with the criteria prescribed under Appendix A of this part.
14 CFR 150.11 Identification of land uses.
For the purposes of this part, uses of land which are normally
compatible or noncompatible with various noise exposure levels to
individuals around airports must be identified in accordance with the
criteria prescribed under Appendix A of this part. Determination of
land use must be based on professional planning criteria and procedures
utilizing comprehensive, or master, land use planning, zoning, and
building and site designing, as appropriate. If more than one current
or future land use is permissible, determination of compatibility must
be based on that use most adversely affected by noise.
14 CFR 150.13 Incorporations by reference.
(a) General. This part prescribes certain standards and procedures
which are not set forth in full text in the rule. Those standards and
procedures are hereby incorporated by reference and were approved for
incorporation by reference by the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51.
(b) Changes to incorporated matter. Incorporated matter which is
subject to subsequent change is incorporated by reference according to
the specific reference and to the identification statement. Adoption of
any subsequent change in incorporated matter that affects compliance
with standards and procedures of this part will be made under 14 CFR
part 11 and 1 CFR part 51.
(c) Identification statement. The complete title or description
which identifies each published matter incorporated by reference in this
part is as follows:
International Electrotechnical Commission (IEC) Publication No. 179,
entitled ''Precision Sound Level Meters,'' dated 1973.
(d) Availability for purchase. Published material incorporated by
reference in this part may be purchased at the price established by the
publisher or distributor at the following mailing addresses.
IEC publications:
(1) The Bureau Central de la Commission Electrotechnique,
Internationale, 1, rue de Varembe, Geneva, Switzerland.
(2) American National Standards Institute, 1430 Broadway, New York,
NY 10018.
(e) Availability for inspection. A copy of each publication
incorporated by reference in this part is available for public
inspection at the following locations:
(1) FAA Office of the Chief Counsel, Rules Docket, AGC-10, Federal
Aviation Administration Headquarters Building, 800 Independence Avenue,
SW., Washington, D.C. 20591.
(2) Department of Transportation, Branch Library, Room 930, Federal
Aviation Administration Headquarters Building, 800 Independence Avenue,
SW., Washington, D.C. 20591.
(3) The respective Regional Offices of the Federal Aviation
Administration as follows:
(i) New England Regional Office, 12 New England Executive Park,
Burlington, Massachusetts 01803.
(ii) Eastern Regional Office, Federal Building, John F. Kennedy
(JFK) International Airport, Jamaica, New York 11430.
(iii) Southern Regional Office, 3400 Norman Berry Drive, East Point,
Georgia (P.O. Box 20636, Atlanta, Georgia) 30320.
(iv) Great Lakes Regional Office, 2300 East Devon, Des Plaines,
Illinois 60018.
(v) Central Regional Office, 601 East 12th Street, Kansas City,
Missouri 64106.
(vi) Southwest Regional Office, 4400 Blue Mound Road, (P.O. Box
1689), Fort Worth, Texas 76101.
(vii) Northwest Mountain Regional Office, 17900 Pacific Highway,
South, C-68966, Seattle, Washington 98168.
(viii) Western Pacific Regional Office, 15000 Aviation Boulevard,
Hawthorne, California (P.O. Box 92007, Worldway Postal Center, Los
Angeles) 90009.
(ix) Alaskan Regional Office, 701 ''C'' Street, Box 14, Anchorage,
Alaska 99513.
(xi) European Office, 15, Rue de la Loi (3rd Floor) B1040 Brussels,
Belgium.
(4) The Office of the Federal Register, Room 8401, 1100 ''L'' Street,
NW., Washington, D.C.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.13 Subpart B -- Development of Noise Exposure Maps and Noise Compatibility Programs
14 CFR 150.21 Noise exposure maps and related descriptions.
(a) Each airport operator may after completion of the consultations
and public procedure specified under paragraph (b) of this section
submit to the Regional Airports Division Manager five copies of the
noise exposure map (or revised map) which identifies each noncompatible
land use in each area depicted on the map, as of the date of submission,
and five copies of a map each with accompanying documentation setting
forth --
(1) The noise exposure based on forecast aircraft operations at the
airport for the fifth calendar year beginning after the date of
submission (based on reasonable assumptions concerning future type and
frequency of aircraft operations, number of nighttime operations, flight
patterns, airport layout including any planned airport development,
planned land use changes, and demographic changes in the surrounding
areas); and
(2) The nature and extent, if any, to which those forecast operations
will affect the compatibility and land uses depicted on the map.
(b) Each map, and related documentation submitted under this section
must be developed and prepared in accordance with Appendix A of this
part, or an FAA approved equivalent, and in consultation with states,
and public agencies and planning agencies whose area, or any portion of
whose area, of jurisdiction is within the Ldn 65 dB contour depicted on
the map, FAA regional officials, and other Federal officials having
local responsibility for land uses depicted on the map. This
consultation must include regular aeronautical users of the airport.
The airport operator shall certify that it has afforded interested
persons adequate opportunity to submit their views, data, and comments
concerning the correctness and adequacy of the draft noise exposure map
and descriptions of forecast aircraft operations. Each map and revised
map must be accompanied by documentation describing the consultation
accomplished under this paragraph and the opportunities afforded the
public to review and comment during the development of the map. One
copy of all written comments received during consultation shall also be
filed with the Regional Airports Division Manager.
(c) The Regional Airports Division Manager acknowledges receipt of
noise exposure maps and descriptions and indicates whether they are in
compliance with the applicable requirements. The Regional Airports
Division Manager publishes in the Federal Register a notice of
compliance for each such noise exposure map and description, identifying
the airport involved. Such notice includes information as to when and
where the map and related documentation are available for public
inspection.
(d) If, after submission of a noise exposure map under paragraph (a)
of this section, any change in the operation of the airport would create
any ''substantial, new noncompatible use'' in any area depicted on the
map beyond that which is forecast for the fifth calendar year after the
date of submission, the airport operator shall, in accordance with this
section, promptly prepare and submit a revised noise exposure map. A
change in the operation of an airport creates a substantial new
noncompatible use if that change results in an increase in the yearly
day-night average sound level of 1.5 dB or greater in either a land area
which was formerly compatible but is thereby made noncompatible under
Appendix A (Table 1), or in a land area which was previously determined
to be noncompatible under that Table and whose noncompatibility is now
significantly increased. Such updating of the map shall include a
reassessment of those areas excluded under sec. A150.101(e)(5) of
Appendix A because of high ambient noise levels. If the five-year
forecast map is based on assumptions involving recommendations in a
noise compatibility program which are subsequently disapproved by the
FAA, a revised map must be submitted if revised assumptions would create
a substantial, new noncompatible use not indicated on the initial
five-year map. Revised noise exposure maps are subject to the same
requirements and procedures as initial submissions of noise exposure
maps under this part.
(e) Each map, or revised map, and description of consultation and
opportunity for public comment, submitted to the FAA, must be certified
as true and complete under penalty of 18 U.S.C. 1001.
(f) (1) The ASNA Act provides, in section 107 (a) (49 U.S.C.
2107(a)), that:
No person who acquires property or an interest therein after the date
of enactment of the Act in an area surrounding an airport with respect
to which a noise exposure map has been submitted under section 103 of
the Act shall be entitled to recover damages with respect to the noise
attributable to such airport if such person had actual or constructive
knowledge of the existence of such noise exposure map unless, in
addition to any other elements for recovery of damages, such person can
show that --
(i) A significant change in the type or frequency of aircraft
operations at the airport; or
(ii) A significant change in the airport layout; or
(iii) A significant change in the flight patterns; or
(iv) A significant increase in nighttime operations; occurred after
the date of the acquisition of such property or interest therein and
that the damages for which recovery is sought have resulted from any
such change or increase.''
(2) The Act further provides in section 107(b), (49 U.S.C. 2107(b)):
That for this purpose, ''constructive knowledge'' shall be imputed,
at a minimum, to any person who acquires property or an interest therein
in an area surrounding an airport after the date of enactment of the Act
if --
(i) Prior to the date of such acquisition, notice of the existence of
a noise exposure map for such area was published at least three times in
a newspaper of general circulation in the county in which such property
is located; or
(ii) A copy of such noise exposure map is furnished to such person at
the time of such acquisition.
(g) For this purpose, the term ''significant'' in paragraph (f) of
this section means that change or increase in one or more of the four
factors which results in a ''substantial new noncompatible use'' as
defined in 150.21(d), affecting the property in issue. Responsibility
for applying or interpreting this provision with respect to specific
properties rests with local government.
(Doc. No. 18691, 49 FR 49269, Dec. 1, 1984; 50 FR 5063, Feb. 6,
1985; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.23 Noise compatibility programs.
(a) Any airport operator who has submitted an acceptable noise
exposure map under 150.21 may, after FAA notice of acceptability and
other consultation and public procedure specified under paragraphs (b)
and (c) of this section, as applicable, submit to the Regional Airports
Division Manager five copies of a noise compatibility program.
(b) An airport operator may submit the noise compatibility program at
the same time as the noise exposure map. In this case, the Regional
Airports Division Manager will not begin the statutory 180-day review
period (for the program) until after FAA reviews the noise exposure map
and finds that it and its supporting documentation are in compliance
with the applicable requirements.
(c) Each noise compatibility program must be developed and prepared
in accordance with Appendix B of this part, or an FAA approved
equivalent, and in consultation with FAA regional officials, the
officials of the state and of any public agencies and planning agencies
whose area, or any portion or whose area, of jurisdiction within the Ldn
65 dB noise contours is depicted on the noise exposure map, and other
Federal officials having local responsibility of land uses depicted on
the map. Consultation with FAA regional officials shall include, to the
extent practicable, informal agreement from FAA on proposed new or
modified flight procedures. For air carrier airports, consultation must
include any air carriers and, to the extent practicable, other aircraft
operators using the airport. For other airports, consultation must
include, to the extent practicable, aircraft operators using the
airport.
(d) Prior to and during the development of a program, and prior to
submission of the resulting draft program to the FAA, the airport
operator shall afford adequate opportunity for the active and direct
participation of the states, public agencies and planning agencies in
the areas surrounding the airport, aeronautical users of the airport,
and the general public to submit their views, data, and comments on the
formulation and adequacy of that program.
(e) Each noise compatibility program submitted to the FAA must
consist of at least the following:
(1) A copy of the noise exposure map and its supporting documentation
as found in compliance with the applicable requirements by the FAA, per
150.21(c).
(2) A description and analysis of the alternative measures considered
by the airport operator in developing the program, together with a
discussion of why each rejected measure was not included in the program.
(3) Program measures proposed to reduce or eliminate present and
future noncompatible land uses and a description of the relative
contribution of each of the proposed measures to the overall
effectiveness of the program.
(4) A description of public participation and the consultation with
officials of public agencies and planning agencies in areas surrounding
the airport, FAA regional officials and other Federal officials having
local responsibility for land uses depicted on th map, any air carriers
and other users of the airport.
(5) The actual or anticipated effect of the program on reducing noise
exposure to individuals and noncompatible land uses and preventing the
introduction of additional noncompatible uses within the area covered by
the noise exposure map. The effects must be based on expressed
assumptions concerning the type and frequency of aircraft operations,
number of nighttime operations, flight patterns, airport layout
including planned airport development, planned land use changes, and
demographic changes within the Ldn 65 dB noise contours.
(6) A description of how the proposed future actions may change any
noise control or compatibility plans or actions previously adopted by
the airport proprietor.
(7) A summary of the comments at any public hearing on the program
and a copy of all written material submitted to the operator under
paragraphs (c) and (d) of this section, together with the operator's
response and disposition of those comments and materials to demonstrate
the program is feasible and reasonably consistent with obtaining the
objectives of airport noise compatibility planning under this part.
(8) The period covered by the program, the schedule for
implementation of the program, the persons responsible for
implementation of each measure in the program, and, for each measure,
documentation supporting the feasibility of implementation, including
any essential governmental actions, costs, and anticipated sources of
funding, that will demonstrate that the program is reasonably consistent
with achieving the goals of airport noise compatibility planning under
this part.
(9) Provision for revising the program if made necessary by revision
of the noise exposure map.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5063, Feb. 6,
1985; Amdt. 150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.23 Subpart C -- Evaluations and Determinations of Effects of Noise Compatibility Programs
14 CFR 150.31 Preliminary review: acknowledgments.
(a) Upon receipt of a noise compatibility program submitted under
150.23, the Regional Airports Division Manager acknowledges to the
airport operator receipt of the program and conducts a preliminary
review of the submission.
(b) If, based on the preliminary review, the Regional Airports
Division Manager finds that the submission does not conform to the
requirements of this part, he disapproves and returns the unacceptable
program to the airport operator for reconsideration and development of a
program in accordance with this part.
(c) If, based on the preliminary review, the Regional Airports
Division Manager finds that the program conforms to the requirements of
this part, the Regional Airports Division Manager publishes in the
Federal Register a notice of receipt of the program for comment which
indicates the following:
(1) The airport covered by the program, and the date of receipt.
(2) The availability of the program for examination in the offices of
the Regional Airports Division Manager and the airport operator.
(3) That comments on the program are invited and, will be considered
by the FAA.
(d) The date of signature of the published notice of receipt starts
the 180-day approval period for the program.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.33 Evaluation of programs.
(a) The FAA conducts an evaluation of each noise compatibility
program and, based on that evaluation, either approves or disapproves
the program. The evaluation includes consideration of proposed measures
to determine whether they --
(1) May create an undue burden on interstate or foreign commerce
(including unjust discrimination);
(2) Are reasonably consistent with obtaining the goal of reducing
existing noncompatible land uses and preventing the introduction of
additional noncompatible land uses; and
(3) Include the use of new or modified flight procedures to control
the operation of aircraft for purposes of noise control, or affect
flight procedures in any way.
(b) The evaluation may also include an evaluation of those proposed
measures to determine whether they may adversely affect the exercise of
the authority and responsibilities of the Administrator under the
Federal Aviation Act of 1958, as amended.
(c) To the extent considered necessary, the FAA may --
(1) Confer with the airport operator and other persons known to have
information and views material to the evaluation;
(2) Explore the objectives of the program and the measures, and any
alternative measures, for achieving the objectives.
(3) Examine the program for developing a range of alternatives that
would eliminate the reasons, if any, for disapproving the program.
(4) Convene an informal meeting with the airport operator and other
persons involved in developing or implementing the program for the
purposes of gathering all facts relevant to the determination of
approval or disapproval of the program and of discussing any needs to
accommodate or modify the program as submitted.
(d) If requested by the FAA, the airport operator shall furnish all
information needed to complete FAA's review under (c).
(e) An airport operator may, at any time before approval or
disapproval of a program, withdraw or revise the program. If the
airport operator withdraws or revises the program or indicates to the
Regional Airports Division Manager, in writing, the intention to revise
the program, the Regional Airports Division Manager terminates the
evaluation and notifies the airport operator of that action. That
termination cancels the 180-day review period. The FAA does not
evaluate a second program for any airport until any previously submitted
program has been withdrawn or a determination on it is issued. A new
evaluation is commenced upon receipt of a revised program, and a new
180-day approval period is begun, unless the Regional Airports Division
Manager finds that the modification made, in light of the overall
revised program, can be integrated into the unmodified portions of the
revised program without exceeding the original 180-day approval period
or causing undue expense to the government.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.35 Determinations; publications; effectivity.
(a) The FAA issues a determination approving or disapproving each
airport noise compatibility program (and revised program). Portions of
a program may be individually approved or disapproved. No conditional
approvals will be issued. A determination on a program acceptable under
this part is issued within 180 days after the program is received under
150.23 of this part or it may be considered approved, except that this
time period may be exceeded for any portion of a program relating to the
use of flight procedures for noise control purposes. A determination on
portions of a program covered by the exceptions to the 180-day review
period for approval will be issued within a reasonable time after
receipt of the program. Determinations relating to the use of any
flight procedure for noise control purposes may be issued either in
connection with the determination on other portions of the program or
separately. Except as provided by this paragraph, no approval of any
noise compatibility program, or any portion of a program, may be implied
in the absence of the FAA's express approval.
(b) The Administrator approves programs under this part, if --
(1) It is found that the program measures to be implemented would not
create an undue burden on interstate or foreign commerce (including any
unjust discrimination) and are reasonably consistent with achieving the
goals of reducing existing noncompatible land uses around the airport
and of preventing the introduction of additional noncompatible land
uses;
(2) The program provides for revision if made necessary by the
revision of the noise map; and
(3) Those aspects of programs relating to the use of flight
procedures for noise control can be implemented within the period
covered by the program and without --
(i) Reducing the level of aviation safety provided;
(ii) Derogating the requisite level of protection for aircraft, their
occupants and persons and property on the ground;
(iii) Adversely affecting the efficient use and management of the
Navigable Airspace and Air Traffic Control Systems; or
(iv) Adversely affecting any other powers and responsibilities of the
Administrator prescribed by law or any other program, standard, or
requirement established in accordance with law.
(c) When a determination is issued, the Regional Airports Division
Manager notifies the airport operator and publishes a notice of approval
or disapproval in the Federal Register identifying the nature and extent
of the determination.
(d) Approvals issued under this part for a program or portion thereof
become effective as specified therein and may be withdrawn when one of
the following occurs:
(1) The program or portion thereof is required to be revised under
this part or under its own terms, and is not so revised;
(2) If a revision has been submitted for approval, a determination is
issued on the revised program or portion thereof, that is inconsistent
with the prior approval.
(3) A term or condition of the program, or portion thereof, or its
approval is violated by the responsible government body.
(4) A flight procedure or other FAA action upon which the approved
program or portion thereof is dependent is subsequently disapproved,
significantly altered, or rescinded by the FAA.
(5) The airport operator requests rescission of the approval.
(6) Impacts on flight procedures, air traffic management, or air
commerce occur which could not be foreseen at the time of approval.
A determination may be sooner rescinded or modified for cause with at
least 30 days written notice to the airport operator of the FAA's
intention to rescind or modify the determination for the reasons stated
in the notice. The airport operator may, during the 30-day period,
submit to the Regional Airports Division Manager for consideration any
reasons and circumstances why the determination should not be rescinded
or modified on the basis stated in the notice of intent. Thereafter,
the FAA either rescinds or modifies the determination consistent with
the notice or withdraws the notice of intent and terminates the action.
(e) Determinations may contain conditions which must be satisfied
prior to implementation of any portion of the program relating to flight
procedures affecting airport or aircraft operations.
(f) Noise exposure maps for current and five year forecast conditions
that are submitted and approved with noise compatibility programs are
considered to be the new FAA accepted noise exposure maps for purposes
of part 150.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984, as amended by Amdt.
150-2, 54 FR 39295, Sept. 25, 1989)
14 CFR 150.35 Pt. 150, App. A
14 CFR 150.35 Appendix A to Part 150 -- Noise Exposure Maps
Sec. A150.1 Purpose.
Sec. A150.3 Noise descriptors.
Sec. A150.5 Noise measurement procedures and equipment.
Sec. A150.101 Noise contours and land usages.
Sec. A150.103 Use of computer prediction model.
Sec. A150.105 Identification of public agencies and planning
agencies.
Sec. A150.201 General.
Sec. A150.203 Symbols.
Sec. A150.205 Mathematical computations.
Sec. A150.1 Purpose.
(a) This appendix establishes a uniform methodology for the
development and preparation of airport noise exposure maps. That
methodology includes a single system of measuring noise at airports for
which there is a highly reliable relationship between projected noise
exposure and surveyed reactions of people to noise along with a separate
single system for determining the exposure of individuals to noise. It
also identifies land uses which, for the purpose of this part are
considered to be compatible with various exposures of individuals to
noise around airports.
(b) This appendix provides for the use of the FAA's Integrated Noise
Model (INM) or an FAA approved equivalent, for developing standardized
noise exposure maps and predicting noise impacts. Noise monitoring may
be utilized by airport operators for data acquisition and data
refinement, but is not required by this part for the development of
noise exposure maps or airport noise compatibility programs. Whenever
noise monitoring is used, under this part, it should be accomplished in
accordance with Sec. A150.5 of this appendix.
(a) Airport Noise Measurement. The A-Weighted Sound Level, measured,
filtered and recorded in accordance with Sec. A150.5 of this appendix,
must be employed as the unit for the measurement of single event noise
at airports and in the areas surrounding the airports.
(b) Airport Noise Exposure. The yearly day-night average sound level
(YDNL) must be employed for the analysis and characterization of
multiple aircraft noise events and for determining the cumulative
exposure of individuals to noise around airports.
(a) Sound levels must be measured or analyzed with equipment having
the ''A'' frequency weighting, filter characteristics, and the ''slow
response'' characteristics as defined in International Electrotechnical
Commission (IEC) Publication No. 179, entitled ''Precision Sound Level
Meters'' as incorporated by reference in part 150 under 150.11. For
purposes of this part, the tolerances allowed for general purpose, type
2 sound level meters in IEU 179, are acceptable.
(b) Noise measurements and documentation must be in accordance with
accepted acoustical measurement methodology, such as those described in
American National Standards Institute publication ANSI 51.13, dated 1971
as revised 1979, entitled ''ANS -- Methods for the Measurement of Sound
Pressure Levels''; ARP No. 796, dated 1969, entitled ''Measurement of
Aircraft Exterior Noise in the Field''; ''Handbook of Noise
Measurement,'' Ninth Ed. 1980, by Arnold P.G. Peterson; or ''Acoustic
Noise Measurement,'' dated Jan., 1979, by J.R. Hassell and K. Zaveri.
For purposes of this part, measurements intended for comparison to a
State or local standard or with another transportation noise source
(including other aircraft) must be reported in maximum A-weighted sound
levels (LAM); for computation or validation of the yearly day-night
average level (Ldn), measurements must be reported in sound exposure
level (LAE), as defined in Sec. A150.205 of this appendix.
(a) To determine the extent of the noise impact around an airport,
airport proprietors developing noise exposure maps in accordance with
this part must develop Ldn contours. Continuous contours must be
developed for YDNL levels of 65, 70, and 75 (additional contours may be
developed and depicted when appropriate). In those areas where YDNL
values are 65 YDNL or greater, the airport operator shall identify land
uses and determine land use compatibility in accordance with the
standards and procedures of this appendix.
(b) Table 1 of this appendix describes compatible land use
information for several land uses as a function of YDNL values. The
ranges of YDNL values in Table 1 reflect the statistical variability for
the responses of large groups of people to noise. Any particular level
might not, therefore, accurately assess an individual's perception of an
actual noise environment. Compatible or noncompatible land use is
determined by comparing the predicted or measured YDNL values at a site
with the values given. Adjustments or modifications of the descriptions
of the land-use categories may be desirable after consideration of
specific local conditions.
(c) Compatibility designations in Table 1 generally refer to the
major use of the site. If other uses with greater sensitivity to noise
are permitted by local government at a site, a determination of
compatibility must be based on that use which is most adversely affected
by noise. When appropriate, noise level reduction through incorporation
of sound attenuation into the design and construction of a structure may
be necessary to achieve compatibility.
(d) For the purpose of compliance with this part, all land uses are
considered to be compatible with noise levels less than Ldn 65 dB.
Local needs or values may dictate further delineation based on local
requirements or determinations.
(e) Except as provided in (f) below, the noise exposure maps must
also contain and indentify:
(1) Runway locations.
(2) Flight tracks.
(3) Noise contours of Ldn 65, 70, and 75 dB resulting from aircraft
operations.
(4) Outline of the airport boundaries.
(5) Noncompatible land uses within the noise contours, including
those within the Ldn 65 dB contours. (No land use has to be identified
as noncompatible if the self-generated noise from that use and/or the
ambient noise from other nonaircraft and nonairport uses is equal to or
greater than the noise from aircraft and airport sources.)
(6) Location of noise sensitive public buildings (such as schools,
hospitals, and health care facilities), and properties on or eligible
for inclusion in the National Register of Historic Places.
(7) Locations of any aircraft noise monitoring sites utilized for
data acquisition and refinement procedures.
(8) Estimates of the number of people residing within the Ldn 65, 70,
and 75 dB contours.
(9) Depiction of the required noise contours over a land use map of a
sufficient scale and quality to discern streets and other identifiable
geographic features.
(f) Notwithstanding any other provision of this part, noise exposure
maps prepared in connection with studies which were either Federally
funded or Federally approved and which commenced before October 1, 1981,
are not required to be modified to contain the following items:
(1) Flight tracks depicted on the map.
(2) Use of ambient noise to determine land use compatibility.
(3) The Ldn 70 dB noise contour and data related to Ldn 70 dB
contour. When determinations on land use compatibility using Table 1
differ between Ldn 65-70 dB and the Ldn 70-75 dB, determinations should
either use the more conservative Ldn 70-75 dB column or reflect
determinations based on local needs and values.
(4) Estimates of the number of people residing within the Ldn 65, 70,
and 75 dB contours.
(a) The airport operator shall acquire the aviation operations data
necessary to develop noise exposure contours using an FAA approved
methodology or computer program, such as the Integrated Noise Model
(INM) for airports or the Heliport Noise Model (HNM) for heliports. In
considering approval of a methodology or computer program, key factors
include the demonstrated capability to produce the required output and
the public availability of the program or methodology to provide
interested parties the opportunity to substantiate the results.
(b) Except as provided in paragraph (c) of this section, the
following information must be obtained for input to the calculation of
noise exposure contours:
(1) A map of the airport and its environs at an adequately detailed
scale (not less than 1 inch to 8,000 feet) indicating runway length,
alignments, landing thresholds, takeoff start-of-roll points, airport
boundary, and flight tracks out to at least 30,000 feet from the end of
each runway.
(2) Airport activity levels and operational data which will indicate,
on an annual average-daily-basis, the number of aircraft, by type of
aircraft, which utilize each flight track, in both the standard daytime
(0700-2200 hours local) and nighttime (2200-0700 hours local) periods
for both landings and takeoffs.
(3) For landings -- glide slopes, glide slope intercept altitudes,
and other pertinent information needed to establish approach profiles
along with the engine power levels needed to fly that approach profile.
(4) For takeoffs -- the flight profile which is the relationship of
altitude to distance from start-of-roll along with the engine power
levels needed to fly that takeoff profile; these data must reflect the
use of noise abatement departure procedures and, if applicable, the
takeoff weight of the aircraft or some proxy for weight such as stage
length.
(5) Existing topographical or airspace restrictions which preclude
the utilization of alternative flight tracks.
(6) The government furnished data depicting aircraft noise
characteristics (if not already a part of the computer program's stored
data bank).
(7) Airport elevation and average temperature.
(c) For heliports, the map scale required by paragraph (b)(1) of this
section shall not be less than 1 inch to 2,000 feet and shall indicate
heliport boundaries, takeoff and landing pads, and typical flight tracks
out to at least 4,000 feet horizontally from the landing pad. Where
these flight tracks cannot be determined, obstructions or other
limitations on flight tracks in and out of the heliport shall be
identified within the map areas out to at least 4,000 feet horizontally
from the landing pad. For static operation (hover), the helicopter
type, the number of daily operations based on an annual average, and the
duration in minutes of the hover operation shall be identified. The
other information required in paragraph (b) shall be furnished in a form
suitable for input to the HNM or other FAA approved methodology or
computer program.
(a) The airport proprietor shall identify each public agency and
planning agency whose jurisdiction or responsibility is either wholly or
partially within the Ldn 65 dB boundary.
(b) For those agencies identified in (a) that have land use planning
and control authority, the supporting documentation shall identify their
geographic areas of jurisdiction.
The following mathematical descriptions provide the most precise
definition of the yearly day-night average sound level (Ldn), the data
necessary for its calculation, and the methods for computing it.
The following symbols are used in the computation of Ldn;
(a) Average sound level must be computed in accordance with the
following formula:
Insert illus 01088A
where T is the length of the time period, in seconds, during which
the average is taken; LA(t) is the instantaneous time varying
A-weighted sound level during the time period T.
(1) Note: When a noise environment is caused by a number of
identifiable noise events, such as aircraft flyovers, average sound
level may be conveniently calculated from the sound exposure levels of
the individual events occurring within a time period T:
Insert illus. 01089A
where LAEi is the sound exposure level of the i-th event, in a series
of n events in time period T, in seconds.
(2) Note: When T is one hour, LT is referred to as one-hour average
sound level.
(b) Day-night average sound level (individual day) must be computed
in accordance with the following formula:
Insert illus. 01090A
Time is in seconds, so the limits shown in hours and minutes are
actually interpreted in seconds. It is often convenient to compute
day-night average sound level from the one-hour average sound levels
obtained during successive hours.
(c) Yearly day-night average sound level must be computed in
accordance with the following formula:
Insert illus. 01090B
where Ldni is the day-night average sound level for the i-th day out
of one year.
(d) Sound exposure level must be computed in accordance with the
following formula:
Insert illus. 01091A
where to is one second and LA(t) is the time-varying A-weighted sound
level in the time interval t1 to t2.
The time interval should be sufficiently large that it encompasses
all the significant sound of a designated event.
The requisite integral may be approximated with sufficient accuracy
by integrating LA(t) over the time interval during which LA(t) lies
within 10 decibels of its maximum value, before and after the maximum
occurs.
(Doc. No. 18691, 49 FR 49269, Dec. 18, 1984; 50 FR 5064, Feb. 6,
1985, as amended by Amdt. 150-1, 53 FR 8724, Mar. 16, 1988)
14 CFR 150.35 -- Pt. 150, App. B
14 CFR 150.35 -- Appendix B to Part 150 -- Noise Compatibility Programs
Sec. B150.1 Scope and purpose.
Sec. B150.3 Requirement for noise map.
Sec. B150.5 Program standards.
Sec. B150.7 Analysis of program alternatives.
Sec. B150.9 Equivalent programs.
(a) This appendix prescribes the content and the methods for
developing noise compatibility programs authorized under this part.
Each program must set forth the measures which the airport operator (or
other person or agency responsible) has taken, or proposes to take, for
the reduction of existing noncompatible land uses and the prevention of
the introduction of additional noncompatible land uses within the area
covered by the noise exposure map submitted by the operator.
(b) The purpose of a noise compatibility program is:
(1) To promote a planning process through which the airport operator
can examine and analyze the noise impact created by the operation of an
airport, as well as the costs and benefits associated with various
alternative noise reduction techniques, and the responsible impacted
land use control jurisdictions can examine existing and forecast areas
of noncompatibility and consider actions to reduce noncompatible uses.
(2) To bring together through public participation, agency
coordination, and overall cooperation, all interested parties with their
respective authorities and obligations, thereby facilitating the
creation of an agreed upon noise abatement plan especially suited to the
individual airport location while at the same time not unduly affecting
the national air transportation system.
(3) To develop comprehensive and implementable noise reduction
techniques and land use controls which, to the maximum extent feasible,
will confine severe aircraft YDNL values of Ldn 75 dB or greater to
areas included within the airport boundary and will establish and
maintain compatible land uses in the areas affected by noise between the
Ldn 65 and 75 dB contours.
(a) It is required that a current and complete noise exposure map and
its supporting documentation as found in compliance with the applicable
requirements by the FAA, per 150.21(c) be included in each noise
compatibility program:
(1) To identify existing and future noncompatible land uses, based on
airport operation and off-airport land uses, which have generated the
need to develop a program.
(2) To identify changes in noncompatible uses to be derived from
proposed program measures.
(b) If the proposed noise compatibility program would yield maps
differing from those previously submitted to FAA, the program shall be
accompanied by appropriately revised maps. Such revisions must be
prepared in accordance with the requirements of Sec. A150.101(e) of
Appendix A and will be accepted by FAA in accordance with 150.35(f).
Based upon the airport noise exposure and noncompatible land uses
identified in the map, the airport operator shall evaluate the several
alternative noise control actions and develop a noise compatibility
program which --
(a) Reduces existing noncompatible uses and prevents or reduces the
probability of the establishment of additional noncompatible uses;
(b) Does not impose undue burden on interstate and foreign commerce;
(c) Provides for revision in accordance with 150.23 of this part.
(d) Is not unjustly discriminatory.
(e) Does not derogate safety or adversely affect the safe and
efficient use of airspace.
(f) To the extent practicable, meets both local needs and needs of
the national air transportation system, considering tradeoffs between
economic benefits derived from the airport and the noise impact.
(g) Can be implemented in a manner consistent with all of the powers
and duties of the Administrator of FAA.
(a) Noise control alternatives must be considered and presented
according to the following categories:
(1) Noise abatement alternatives for which the airport operator has
adequate implementation authority.
(2) Noise abatement alternatives for which the requisite
implementation authority is vested in a local agency or political
subdivision governing body, or a state agency or political subdivision
governing body.
(3) Noise abatement options for which requisite authority is vested
in the FAA or other Federal agency.
(b) At a minimum, the operator shall analyze and report on the
following alternatives, subject to the constraints that the strategies
are appropriate to the specific airport (for example, an evaluation of
night curfews is not appropriate if there are no night flights and none
are forecast):
(1) Acquisition of land and interests therein, including, but not
limited to air rights, easements, and development rights, to ensure the
use of property for purposes which are compatible with airport
operations.
(2) The construction of barriers and acoustical shielding, including
the soundproofing of public buildings.
(3) The implementation of a preferential runway system.
(4) The use of flight procedures (including the modifications of
flight tracks) to control the operation of aircraft to reduce exposure
of individuals (or specific noise sensitive areas) to noise in the area
around the airport.
(5) The implementation of any restriction on the use of airport by
any type or class of aircraft based on the noise characteristics of
those aircraft. Such restrictions may include, but are not limited to
--
(i) Denial of use of the airport to aircraft types or classes which
do not meet Federal noise standards;
(ii) Capacity limitations based on the relative noisiness of
different types of aircraft;
(iii) Requirement that aircraft using the airport must use noise
abatement takeoff or approach procedures previously approved as safe by
the FAA;
(iv) Landing fees based on FAA certificated or estimated noise
emission levels or on time of arrival; and
(v) Partial or complete curfews.
(6) Other actions or combinations of actions which would have a
beneficial noise control or abatement impact on the public.
(7) Other actions recommended for analysis by the FAA for the
specific airport.
(c) For those alternatives selected for implementation, the program
must identify the agency or agencies responsible for such
implementation, whether those agencies have agreed to the
implementation, and the approximate schedule agreed upon.
(a) Notwithstanding any other provision of this part, noise
compatibility programs prepared in connection with studies which were
either Federally funded or Federally approved and commenced before
October 1, 1981, are not required to be modified to contain the
following items:
(1) Flight tracks.
(2) A noise contour of Ldn 70 dB resulting from aircraft operations
and data related to the Ldn 70 dB contour. When determinations on land
use compatibility using Table 1 of Appendix A differ between Ldn 65-70
dB and Ldn 70-75 dB, the determinations should either use the more
conservative Ldn 70-75 dB column or reflect determinations based on
local needs and values.
(3) The categorization of alternatives pursuant to Sec. B150.7(a),
although the persons responsible for implementation of each measure in
the program must still be identified in accordance with 150.23(e)(8).
(4) Use of ambient noise to determine land use compatibility.
(b) Previously prepared noise compatibility program documentation may
be supplemented to include these and other program requirements which
have not been excepted.
14 CFR 150.35 -- Pt. 151
14 CFR 150.35 -- PART 151 -- FEDERAL AID TO AIRPORTS
14 CFR 150.35 -- Subpart A -- General Requirements
Sec.
151.1 Applicability.
151.3 National Airport Plan.
151.5 General policies.
151.7 Grants of funds: General policies.
151.9 Runway clear zones: General.
151.11 Runway clear zones: Requirements.
151.13 Federal-aid Airport Program: Policy affecting landing aid
requirements.
151.15 Federal-aid Airport Program: Policy affecting runway or
taxiway remarking.
14 CFR 150.35 -- Subpart B -- Rules and Procedures for Airport
Development Projects
151.21 Procedures: Application; general information.
151.23 Procedures: Application; funding information.
151.24 Procedures: Application; information on estimated project
costs.
151.25 Procedures: Application; information as to property
interests.
151.26 Procedures: Applications; compatible land use information;
consideration of local community interest; relocation of displaced
persons.
151.27 Procedures: Application, plans, specifications, and
appraisals.
151.29 Procedures: Offer, amendment, and acceptance.
151.31 Procedures: Grant agreement.
151.33 Cosponsorship and agency.
151.35 Airport development and facilities to which subparts B and C
apply.
151.37 Sponsor eligibility.
151.39 Project eligibility.
151.41 Project costs.
151.43 United States share of project costs.
151.45 Performance of construction work: General requirements.
151.47 Performance of construction work: Letting of contracts.
151.49 Performance of construction work: Contract requirements.
151.51 Performance of construction work: Sponsor force account.
151.53 Performance of construction work: Labor requirements.
151.54 Equal employment opportunity requirements: Before July 1,
1968.
151.54a Equal employment opportunity requirements: After June 30,
1968.
151.55 Accounting and audit.
151.57 Grant payments: General.
151.59 Grant payments: Land acquisition.
151.61 Grant payments: Partial.
151.63 Grant payments: Semifinal and final.
151.65 Memoranda and hearings.
151.67 Forms.
14 CFR 150.35 -- Subpart C -- Project Programming Standards
151.71 Applicability.
151.72 Incorporation by reference of technical guidelines in Advisory
Circulars.
151.73 Land acquisition.
151.75 Preparation of site.
151.77 Runway paving: General rules.
151.79 Runway paving: Second runway; wind conditions.
151.80 Runway paving: Additional runway; other conditions.
151.81 Taxiway paving.
151.83 Aprons.
151.85 Special treatment areas.
151.86 Lighting and electrical work: General.
151.87 Lighting and electrical work: Standards.
151.89 Roads.
151.91 Removal of obstructions.
151.93 Buildings; utilities; sidewalks; parking areas; and
landscaping.
151.95 Fences; distance markers; navigational and landing aids;
and offsite work.
151.97 Maintenance and repair.
151.99 Modifications of programing standards.
14 CFR 150.35 -- Subpart D -- Rules and Procedures for Advance Planning
and Engineering Proposals
151.111 Advance planning proposals: General.
151.113 Advance planning proposals: Sponsor eligibility.
151.115 Advance planning proposals: Cosponsorship and agency.
151.117 Advance planning proposals: Procedures; application.
151.119 Advance planning proposals: Procedures; funding.
151.121 Procedures: Offer; sponsor assurances.
151.123 Procedures: Offer; amendment; acceptance; advance
planning agreement.
151.125 Allowable advance planning costs.
151.127 Accounting and audit.
151.129 Payments.
151.131 Forms.
Appendix A to Part 151
Appendix B to Part 151
Appendix C to Part 151
Appendix D to Part 151
Appendix E to Part 151
Appendix F to Part 151
Appendix G to Part 151
Appendix H to Part 151
Appendix I to Part 151
14 CFR 150.35 -- Subpart A -- General Requirements
Authority: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a),
314, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C.
1101-1120, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622b,
1622c, unless otherwise noted.
14 CFR 151.1 Applicability.
This part prescribes the policies and procedures for administering
the Federal-aid Airport Program under the Federal Airport Act, as
amended (49 U.S.C. 1101 et seq.).
(Doc. No. 1329, 27 FR 12349, Dec. 13, 1962)
14 CFR 151.3 National Airport Plan.
(a) Under the Federal Airport Act, the FAA prepares each year a
''National Airport Plan'' for developing public airports in the United
States, Puerto Rico, the Virgin Islands, and Guam. In terms of general
location and type of development, the National Airport Plan specifies
the maximum limits of airport development that is necessary to provide a
system of public airports adequate to anticipate and meet the needs of
civil aeronautics.
(b) If, within the forecast period, an airport will have a
substantial aeronautical necessity, it may be included in the National
Airport Plan. Only work on an airport included in the current Plan is
eligible for inclusion in the Federal-aid Airport Program to be
undertaken within currently available appropriations and authorizations.
However, the inclusion of an airport in the National Airport Plan does
not commit the United States to include it in the Federal-aid Airport
Program. In addition, the local community concerned is not required to
proceed with planning or development of an airport included in the
National Airport Plan.
(Amdt. 151-8, 30 FR 8039, June 23, 1965)
14 CFR 151.5 General policies.
(a) Airport layout plan. As used in this part, ''airport layout
plan'' means the basic plan for the layout of an eligible airport that
shows, as a minimum --
(1) The present boundaries of the airport and of the offsite areas
that the sponsor owns or controls for airport purposes, and of their
proposed additions;
(2) The location and nature of existing and proposed airport
facilities (such as runways, taxiways, aprons, terminal buildings,
hangars, and roads) and of their proposed modifications and extensions;
and
(3) The location of existing and proposed non-aviation areas, and of
their existing improvements.
All airport development under the Federal-aid Airport Program must be
done in accordance with an approved airport layout plan. Each airport
layout plan, and any change in it, is subject to FAA approval. The
Administrator's signature on the face of an original airport layout
plan, or of any change in it, indicates FAA approval. The FAA approves
an airport layout plan only if the airport development is sound and
meets applicable requirements.
(b) Safe, useful, and usable unit. Except as provided in paragraph
(d) of this section, each advance planning and engineering proposal or
airport development project must provide for the planning or development
of --
(1) An airport or unit of an airport that is safe, useful, and
usable; or
(2) An additional facility that increases the safety, usefulness, or
usability of an airport.
(c) National defense needs. The needs of national defense are fully
considered in administering the Federal-aid Airport Program. However,
approval of an advance planning and engineering proposal or a project
application is limited to planning or airport development necessary for
civil aviation.
(d) Stage development. In any case in which airport development can
be accomplished more economically under stage construction, federal
funds may be programmed in advance for the development over two or more
years under two or more grant agreements. In such a case, the FAA makes
a tentative allocation of funds for both the current and future fiscal
years, rather than allocating the entire federal share in one fiscal
year. A grant agreement is made only during the fiscal year in which
funds are authorized to be obligated. Advance planning and engineering
grants are not made under this paragraph.
(Amdt. 151-8, 30 FR 8039, June 23, 1965)
14 CFR 151.7 Grants of funds: General policies.
(a) Compliance with sponsorship requirements. The FAA authorizes the
expenditure of funds under the Federal-aid Airport Program for airport
planning and engineering or for airport development only if the
Administrator is satisfied that the sponsor has met or will meet the
requirements established by existing and proposed agreements with the
United States with respect to any airport that the sponsor owns or
controls.
(1) Agreements with the United States to which this requirement of
compliance applies include --
(i) Any grant agreement made under the Federal-aid Airport Program;
(ii) Any covenant in a conveyance under section 16 of the Federal
Airport Act;
(iii) Any covenant in a conveyance of surplus airport property either
under section 13(g) of the Surplus Property Act (50 U.S.C. App.
1622(g)) or under Regulation 16 of the War Assets Administration; and
(iv) Any AP-4 agreement made under the terminated Development Landing
Areas National Defense Program and the Development Civil Landing Areas
Program.
This requirement does not apply to assurances required under section
602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) and 15.7 of the
Federal Aviation Regulations (14 CFR 15.7).
(2) If it appears that a sponsor has failed to comply with a
requirement of an agreement with the United States with respect to an
airport, the FAA notifies him of this fact and affords him an
opportunity to submit materials to refute the allegation of
noncompliance or to achieve compliance.
(3) If a project is otherwise eligible under the Federal-aid Airport
Program, a grant may be made to a sponsor who has not complied with an
agreement if the sponsor shows --
(i) That the noncompliance is caused by factors beyond his control;
or
(ii) That the following circumstances exist:
(a) The noncompliance consisted of a failure, through mistake or
ignorance, to perform minor conditions in old agreements with the
Federal Government; and
(b) The sponsor is taking reasonable action promptly to correct the
deficiency or the deficiency relates to an obligation that is no longer
required for the safe and efficient use of the airport under existing
law and policy.
(b) Small proposals and projects. Unless there is otherwise a
special need for U.S. participation, the FAA includes an advance
planning and engineering proposal or an airport development project in
the Federal-aid Airport Program only if --
(1) The advance planning and engineering proposal involves more than
$1,000 in United States funds; and
(2) The project application involves more than $5,000 in U.S. funds.
Whenever possible, the sponsor must consolidate small projects on a
single airport in one grant agreement even though the airport
development is to be accomplished over a period of years.
(c) Previously obligated work. Unless the Administrator specifically
authorizes it, no advance planning and engineering proposal or project
application may include any planning, engineering, or construction work
included in a prior agreement with the United States obligating the
sponsor or any other non-U.S. public agency to do the work, and
entitling the sponsor or any other non-United States public agency to
payment of U.S. funds for all or part of the work.
(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)
(Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17,
31 FR 16524, Dec. 28, 1966; Amdt. 151-19, 32 FR 9220, June 29, 1967)
14 CFR 151.9 Runway clear zones: General.
(a) Whenever funds are allocated for developing new runways or
landing strips, or to improve or repair existing runways, the sponsor
must own, acquire, or agree to acquire, runway clear zones. Exceptions
are considered (on the basis of a full statement of facts by the
sponsor) upon a showing of uneconomical acquisition costs, or lack of
necessity for the acquisition.
(b) For the purpose of this part, a runway clear zone is an area at
ground level which begins at the end of each primary surface defined in
77.27(a) and extends with the width of each approach surface defined in
77.27 (b) and (c), to terminate directly below each approach surface
slope at the point, or points, where the slope reaches a height of 50
feet above the elevation of the runway or 50 feet above the terrain at
the outer extremity of the clear zone, whichever distance is shorter.
(c) For the purposes of this section, an airport operator or owner is
considered to have an adequate property interest if it has an easement
(or a covenant running with the land) giving it enough control to rid
the clear zone of all obstructions (objects so far as they project above
the approach surfaces established by 77.27 (b) and (c) of part 77 of
this chapter), and to prevent the creation of future obstructions;
together with the right of entrance and exit for those purposes, to
ensure the safe and unrestricted passage of aircraft in and over the
area.
(Doc. No. 1329, 27 FR 12349, Dec. 13, 1962, as amended by Amdt.
151-7, 30 FR 7484, June 8, 1965; Amdt. 151-21, 33 FR 258, Jan. 9, 1968)
14 CFR 151.11 Runway clear zones; requirements.
(a) In projects involving grants-in-aid under the Federal-aid Airport
Program, a sponsor must own, acquire, or agree to acquire an adequate
property interest in runway clear zone areas as prescribed in paragraph
(b), (c), (d), or (e) of this section, as applicable. Property
interests that a sponsor acquires to meet the requirements of this
section are eligible for inclusion in the Program.
(b) On new airports, the sponsor must own, acquire, or agree to
acquire adequate property interests in runway clear zone areas (in
connection with initial land acquisition) for all eligible runways or
landing strips, without substantial deviation from standard
configuration and length.
(c) On existing airports where new runways or landing strips are
developed, the sponsor must own, acquire, or agree to acquire adequate
property interests in runway clear zone areas for each runway and
landing strip to be developed or extended, to the extent that the
Administrator determines practical and feasible considering all facts
presented by the airport owner or operator, preferably without
substantial deviation from standard configuration and length.
(d) On existing airports where improvements are made to runways or
landing strips, the sponsor must own, acquire, or agree to acquire
adequate property interests in runway clear zone areas for each runway
or landing strip that is to be improved to the extent that the
Administrator determines is practical and feasible with regard to
standard configuration, length, and property interests, considering all
facts presented by the airport owner or operator. Any development that
improves a specific runway or landing strip is considered to be a runway
improvement, including runway lighting and the developing or lighting of
taxiways serving a runway.
(e) On existing airports where substantial improvements are made that
do not benefit a specific runway or landing strip, such as overall
grading or drainage, terminal area or building developments, the sponsor
must own, acquire, or agree to acquire adequate property interests in
runway clear zone areas for the dominant runway or landing strip to the
extent that the Administrator determines is practical and feasible, with
regard to standard configuration, length, and property interests,
considering all facts presented by the airport owner or operator.
(f) If a sponsor or other public agency shows that it is legally able
to prevent the future erection or creation of obstructions in the runway
clear zone area, and adopts protective measures to prohibit their future
erection or creation, that showing is acceptable for the purposes of
paragraphs (d) and (e) of this section in place of an adequate property
interest (except for rights required for removing existing
obstructions). In such a case, there must be an agreement between the
FAA and the sponsor for removing or marking or lighting (to be
determined in each case) any existing obstruction to air navigation In
each case, the sponsor must furnish information as to the specific
height limitations established and as to the current and foreseeable
future use of the property to which they apply. The information must
include an acceptable legal opinion of the validity of the measures
adopted, including a conclusion that the height limitations are not
unreasonable in view of current and foreseeable future use of the
property, and are a reasonable exercise of the police power, together
with the reasons or basis supporting the opinion.
(g) The authority exercised by the Administrator under paragraphs
(b), (c), (d), and (e) of this section to allow a deviation from, or the
extent of conformity to, standard configuration or length of runway
clear zones, or to determine the adequacy of property interests therein,
is also exercised by Regional Directors.
(Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt.
151-22, 33 FR 8267, June 4, 1968; Amdt. 151-25, 33 FR 14535, Sept. 27,
1968)
14 CFR 151.13 Federal-aid Airport Program: Policy affecting landing
aid requirements.
(a) Landing aid requirements. No project for developing or improving
an airport may be approved for the Program unless it provides for
acquiring or installing such of the following landing aids as the
Administrator determines are needed for the safe and efficient use of
the airport by aircraft, considering the category of the airport and the
type and volume of traffic using it:
(1) Land needed for installing approach lighting systems (ALS).
(2) In-runway lighting.
(3) High intensity runway lighting.
(4) Runway distance markers.
For the purposes of this section ''approach lighting system (ALS)''
is a standard configuration of aeronautical ground lights in the
approach area to a runway or channel to assist a pilot in making an
approach to the runway or channel.
(b) Specific landing aid requirements. The landing aids set forth in
paragraphs (a) (1) through (4) of this section are required for the safe
and efficient use of airports by aircraft in the following cases:
(1) Lands for installing approach lighting systems are required as
part of a project if the installing of the components of the system on
the airport is in an approved FAA budget, unless the sponsor has already
acquired the land necessary for the system or is otherwise undertaking
to acquire that land. If the sponsor is otherwise undertaking to
acquire the land, the grant agreement for the project must obligate the
sponsor to complete the acquisition within a time limit prescribed by
the Administrator. The Administrator immediately notifies a sponsor
when a budget is approved providing for installing an approach lighting
system at the airport concerned.
(2) In-runway lighting is required as part of a project:
(i) If the project includes:
(a) Construction of a new runway designated by the FAA as an
instrument landing runway for which the installation of an IFR precision
approach system including ALS and ILS, has been programed by the FAA
with funds then available therefor;
(b) An extension of 3,000 feet or more (usable for landing purposes)
of the approach end of a designated instrument landing runway equipped,
or programed by the FAA, with funds then available therefor, to be
equipped, with an IFR precision approach system including ALS and ILS;
(c) Reconstruction of a designated instrument landing runway
equipped, or programed by the FAA, with funds then available therefor,
to be equipped with an IFR precision approach system including ALS and
ILS, if the reconstruction requires the closing of the runway; or
(d) Any other airport development on an airport whose designated
instrument landing runway is equipped, or programed by the FAA, with
funds then available therefor, to be equipped with an IFR precision
approach system including ALS and ILS; and
(ii) Only if a study of the airport shows that in-runway lighting is
required for the safe and efficient use of the airport by aircraft,
after the Administrator considers the following:
(a) The type and volume of flight activity;
(b) Other existing or planned navigational aids;
(c) Airport environmental factors such as local weather conditions
and adjacent geographic profiles;
(d) Approach and departure paths;
(e) Effect on landing and takeoff minima; and
(f) In the case of projects under paragraph (b)(2)(i)(d) of this
section, whether installing in-runway lighting requires closing the
runway for so long a time that the adverse effect on safety of its
closing would outweigh the contribution to safety that would be gained
by the in-runway lights or whether it would unduly interfere with the
efficiency of aircraft operations.
(3) High intensity runway edge lighting on the designated instrument
landing runway is required as a part of a project whenever that runway
is equipped or programed for the installation of an ILS and high
intensity runway edge lights are not then installed on the runway or
included in another project. A project for extending a runway that has
high intensity runway edge lights on the existing runway requires, as a
part of the project, the extension of the high intensity runway edge
lights.
(4) Runway distance markers whose design standards have been approved
and published by the FAA are required as a part of a project on a
case-by-case basis if, after reviewing the pertinent facts and
circumstances of the case, the Administrator determines that they are
needed for the safe and efficient use of the airport by aircraft.
(Doc. No. 1329, 27 FR 12350, Dec. 13, 1962, as amended by Amdt.
151-3, 28 FR 12613, Nov. 27, 1963; Amdt. 151-33, 34 FR 9708, June 21,
1969)
14 CFR 151.15 Federal-aid Airport Program: Policy affecting runway or
taxiway remarking.
No project for developing or improving an airport may be approved for
the Program unless it provides for runway or taxiway remarking if the
present marking is obliterated by construction, alteration or repair
work included in a FAAP project or by the required routing of
construction equipment used therein.
(Amdt. 151-17, 31 FR 16524, Dec. 28, 1966)
14 CFR 151.15 Subpart B -- Rules and Procedures for Airport Development
Projects
Authority: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a),
315, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C.
1101-1119, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622(b),
1622(c), Federal Airport Act, as amended; sec. 6(c), Dept. of
Transportation Act; 49 U.S.C. 1655(c); sec. 1.4(b)(1) of the
regulations of the Office of the Secretary of Transportation.
Source: Docket No. 1329, 27 FR 12351, Dec. 13, 1962, unless
otherwise noted.
Editorial Note: For miscellaneous technical amendments to this
subpart B, see Amdt. 151-11, 31 FR 6686, May 5, 1966.
14 CFR 151.21 Procedures: Application; general information.
(a) An eligible sponsor that desires to obtain Federal aid for
eligible airport development must submit to the Area Manager of the area
in which the sponsor is located (hereinafter in this part referred to as
the ''Area Manager''), a request on FAA Form 5100-3, accompanied by --
(1) The sponsor's written statement as to whether the proposed
project involves the displacement and relocation of persons residing on
land physically acquired or to be acquired for the project development;
and
(2) The sponsor's written assurance, if the project involves
displacement and relocation of such persons, that adequate replacement
housing will be available or provided for (built, if necessary), without
regard to their race, color, religion, sex, or national origin, before
the execution of a grant agreement for the project.
(b) A proposed project is selected for inclusion in a program only if
the sponsor has submitted a written assurance when required by paragraph
(a)(2) of this section, or if the Administrator has determined that the
project does not involve the displacement and relocation of persons
residing on land to be physically acquired or to be acquired for the
project development. If the Administrator selects a proposed project
for inclusion in a program, a tentative allocation of funds is made for
it and the sponsor is notified of the allocation. The tentative
allocation may be withdrawn if the sponsor fails to submit an acceptable
project application as provided in paragraph (c) of this section or
fails to proceed diligently with the project, or if adequate replacement
housing is not available or provided for in accordance with a written
assurance when required by paragraph (a)(2) of this section.
(c) As soon as practicable after receiving notice of the tentative
allocation, the sponsor must submit a project application on FAA Form
1624 to the Area Manager, without changing the language of the form,
unless the change is approved in advance by the Administrator. In the
case of a joint project, each sponsor executes only those provisions of
the project application that apply to it. A sponsor who has executed a
grant agreement for a project for the development of an airport under
the Program, may, in the Administrator's discretion, submit additional
project applications on FAA Form 1624 for further development of that
airport.
(49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of Transportation Act;
sec. 1.4(b)(1) of the regulations of the Office of the Secretary of
Transportation; Federal Airport Act, as amended)
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-11, 31 FR 6686, May 5, 1966; Amdt. 151-32, 34 FR 9617, June 19,
1969; Amdt. 151-39, 35 FR 5536, Apr. 3, 1970)
14 CFR 151.23 Procedures: Application; funding information.
Each sponsor must state in its application that it has on hand, or
show that it can obtain as needed, funds to pay all estimated costs of
the proposed project that are not borne by the United States or by
another sponsor. If any of the funds are to be furnished to a sponsor,
or used to pay project costs on behalf of a sponsor, by a State agency
or any other public agency that is not a sponsor of the project, that
agency may, instead of the sponsor, submit evidence that the funds will
be provided if the project is approved.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-34, 34 FR 12883, Aug. 8, 1969)
14 CFR 151.24 Procedures: Application; information on estimated
project costs.
(a) If any part of the estimated project costs consists of the value
of donated land, labor, materials, or equipment, or of the value of a
property interest in land acquired at a cost that (as represented by the
sponsor) is not the actual cost or the amount of an award in eminent
domain proceedings, the sponsor must so state in the application,
indicating the nature of the donation or other transaction and the value
it places on it.
(b) If, after the grant agreement is executed and before the final
payment of the allowable project costs is made under 151.63, it appears
that the sponsor inadvertently or unknowingly failed to comply with
paragraph (a) of this section as to any item, the Administrator --
(1) Makes or obtains an appraisal of the item, and if the appraised
value is less than the value placed on the item in the project
application, notifies the sponsor that it may, within a stated time, ask
in writing for reconsideration of the appraisal and submit statements of
pertinent facts and opinion; and
(2) Adjusts the U.S. share of the project costs to reflect any
decrease in value of the item below that stated in the project
application.
(Amdt. 151-34, 34 FR 12883, Aug. 8, 1969)
14 CFR 151.25 Procedures: Application; information as to property
interests.
(a) Each sponsor must state in its application all of the property
interests that he holds in the lands to be developed or used as part of,
or in connection with, the airport as it will be when the project is
completed. Each project application contains a covenant on the part of
the sponsor to acquire, before starting construction work, or within a
reasonable time if not needed for the construction, property interests
satisfactory to the Administrator in all the lands in which it does not
hold those property interests at the time it submits the application.
In the case of a joint project, any one or more of the sponsors may hold
or acquire the necessary property interests. In such a case, each
sponsor may show on its application only those property interests that
it holds or is to acquire.
(b) Each sponsor of a project must send with its application a
property map (designated as Exhibit A) or incorporate such a map by
reference to one in a previous application that was approved. The
sponsor must clearly identify on the map all property interests required
in paragraph (a) of this section, showing prior and proposed
acquisitions for which United States aid is requested under the project.
(c) For the purposes of paragraphs (a) and (b) of this section, the
property interest that the sponsor must have or agree to obtain, is --
(1) Title free and clear of any reversionary interest, lien,
easement, lease, or other encumbrance that, in the opinion of the
Administrator, would create an undue risk that it might deprive the
sponsor of possession or control, interfere with its use for public
airport purposes, or make it impossible for the sponsor to carry out the
agreements and covenants in the application;
(2) A lease of not less than 20 years granted to the sponsor by
another public agency that has title as described in paragraph (c)(1) of
this section, on terms that the Administrator considers satisfactory;
or
(3) In the case of an offsite area an agreement, easement, leasehold,
or other right or property interest that, in the Administrator's
opinion, provides reasonable assurance that the sponsor will not be
deprived of its right to use the land for the intended purpose during
the period necessary to meet the requirements of the grant agreement.
(d) For the purposes of this section, the word ''land'' includes
landing areas, building areas, runway clear zones, clearways and
approach zones, and areas required for offsite construction, entrance
roads, drainage, protection of approaches, installation of air
navigation facilities, or other airport purposes.
14 CFR 151.26 Procedures: Applications; compatible land use
information; consideration of local community interest; relocation of
displaced persons.
(a) Each sponsor must state in its application the action that it has
taken to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with
normal airport operations including landing and take-off of aircraft.
The sponsor's statement must include information on --
(1) Any property interests (such as airspace easements or title to
airspace) acquired by the sponsor to assure compatible land use, or to
protect or control aerial approaches;
(2) Any zoning laws enacted or in force restricting the use of land
adjacent to or in the vicinity of the airport, or assuring protection or
control of aerial approaches, whether or not enacted by the sponsor;
and
(3) Any action taken by the sponsor to induce the appropriate
government authority to enact zoning laws restricting the use of land
adjacent to or in the vicinity of the airport, or assuring protection or
control of aerial approaches, when the sponsor lacks the power to zone
the land.
(b) Each sponsor must submit with his application --
(1) A written statement --
(i) Specifying what consideration has been given to the interest of
all communities in or near which the project is located; and
(ii) Containing the substance of any objection to, or approval of,
the proposed project made known to the sponsor by any local individual,
group or community; and
(2) A written statement showing that adequate replacement housing
that is open to all persons, regardless of race, color, religion, sex,
or national origin, is available and has been offered on the same
nondiscriminatory basis to persons who have resided on land physically
acquired or to be acquired for the project development and who will be
displaced thereby.
(Amdt. 151-8, 30 FR 8039, June 23, 1965, as amended by Amdt. 151-17,
31 FR 16524, Dec. 28, 1966; Amdt. 151-39, 35 FR 5537, Apr. 3, 1970)
14 CFR 151.27 Procedures: Application, plans, specifications, and
appraisals.
(a) Except as provided in paragraph (b) of this section, each sponsor
shall incorporate by reference in its project application the final
plans and specifications, describing the items of airport development
for which it requests United States aid. It must submit the plans and
specifications with the application unless they were previously
submitted or are submitted with that of another sponsor of the project.
(b) In special cases, the Administrator authorizes the postponement
of the submission of final plans and specifications until a later date
to be specified in the grant agreement, if the sponsor has submitted --
(1) An airport layout plan approved by the Administrator; and
(2) Preliminary plans and specifications in enough detail to identify
all items of development included in the project, and prepared so as to
provide for accomplishing the project in accordance with the master plan
layout, the rules in subparts B and C and applicable local laws and
regulations.
(c) If the project involves acquiring a property interest in land by
donation, or at a cost that (as represented by the sponsor) is not the
actual cost or the amount of an award in eminent domain proceedings, the
Administrator, before passing on the eligibility of the project makes or
obtains an appraisal of the interest. If the appraised value is less
than the value placed on the interest by the sponsor ( 151.23), the
Administrator notifies the sponsor that he may within a stated time, ask
in writing for reconsideration of the appraisal and submit statements of
pertinent facts and opinion.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt.
151-8, 30 FR 8039, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28,
1966)
14 CFR 151.29 Procedures: Offer, amendment, and acceptance.
(a) Upon approving a project, the Administrator makes an offer to the
sponsor to pay the United States share of the allowable project costs.
The offer states a definite amount as the maximum obligation of the
United States, and is subject to change or withdrawal by the
Administrator, in his discretion, at any time before it is accepted.
(b) If, before the sponsor accepts the offer, it is determined that
the maximum obligation of the United States stated in the offer is not
enough to pay the United States share of the allowable project costs,
the sponsor may request an increase in the amount in the offer, through
the Area Manager.
(c) An official of the sponsor must accept the offer for the sponsor
within the time prescribed in the offer, and in the required number of
counterparts, by signing it in the space provided. The signing official
must have been authorized to sign the acceptance by a resolution or
ordinance adopted by the sponsor's governing body. The resolution or
ordinance must, as appropriate under the local law --
(1) Set forth the terms of the offer at length; or
(2) Have a copy of the offer attached to the resolution or ordinance
and incorporated into it by reference.
The sponsor must attach a certified copy of the resolution to each
executed copy of an accepted offer or grant agreement that it is
required to send to the Area Manager.
14 CFR 151.31 Procedures: Grant agreement.
(a) An offer by the Administrator, and acceptance by the sponsor, as
set forth in 151.29, constitute a grant agreement between the sponsor
and the United States. Except as provided in 151.41(c)(3), the United
States does not pay, and is not obligated to pay, any part of the
project costs that have been or may be incurred, before the grant
agreement is executed.
(b) The Administrator and the sponsor may agree to a change in a
grant agreement if --
(1) The change does not increase the maximum obligation of the United
States under the grant agreement by more than 10 percent;
(2) The change provides only for airport development that meets the
requirements of subparts B and C; and
(3) The change does not prejudice the interests of the United States.
(c) When a change is agreed to, the Administrator issues a
supplemental agreement incorporating the change. The sponsor must
accept the supplemental agreement in the manner provided in 151.29(c).
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965)
14 CFR 151.33 Cosponsorship and agency.
(a) Any two or more public agencies that desire to participate either
in accomplishing development under a project or in maintaining or
operating the airport, may cosponsor it if they meet the requirements of
subparts B and C, including --
(1) The eligibility requirements of 151.37; and
(2) The submission of a single project application, executed by each
sponsor, clearly stating the certifications, representations,
warranties, and obligations made or assumed by each, or a separate
application by each that does not meet all the requirements of subparts
B and C if in the Administrator's opinion, the applications collectively
meet the requirements of subparts B and C as applied to a project with a
single sponsor.
(b) A public agency that desires to participate in a project only by
contributing funds to a sponsor need not become a sponsor or an agent of
the sponsor, as provided in this section. However, any funds that it
contributes are considered as funds of the sponsor for the purposes of
the Federal Airport Act and this part.
(c) If the sponsors of a joint project are not each willing to
assume, jointly and severally, the obligations that subparts B and C
requires a sponsor to assume, they must send a true copy of an agreement
between them, satisfactory to the Administrator, to be incorporated into
the grant agreement. Each agreement must state --
(1) The responsibilities of each sponsor to the others with respect
to accomplishing the proposed development and operating and maintaining
the airport;
(2) The obligations that each will assume to the United States; and
(3) The name of the sponsor or sponsors who will accept, receipt for,
and disburse grant payments.
If an offer is made to the sponsors of a joint project, as provided
in 151.29, it contains a specific condition that it is made in
accordance with the agreement between the sponsors (and the agreement is
incorporated therein by reference) and that, by accepting the offer,
each sponsor assumes only its respective obligations as set forth in the
agreement.
(d) A public agency may, if it is authorized by local law, act as
agent of the public agency that is to own and operate the airport, with
or without participating financially and without becoming a sponsor.
The terms and conditions of the agency and the agent's authority to act
for the sponsor must be set forth in an agency agreement that is
satisfactory to the Administrator. The sponsor must submit a true copy
of the agreement with the project application. Such an agent may
accept, on behalf of the sponsor, an offer made under 151.29, only if
that acceptance has been specifically and legally authorized by the
sponsor's governing body and the authority is specifically set forth in
the agency agreement.
(e) When the cosponsors of an airport are not located in the same
area, they must submit a joint request to the Area Manager of the area
in which the airport development will be located.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5,
1966)
14 CFR 151.35 Airport development and facilities to which subparts B
and C apply.
(a) Subparts B and C applies to the following kinds of airport
development:
(1) Any work involved in constructing, improving, or repairing a
public airport or part thereof, including the constructing, altering, or
repairing of only those buildings or parts thereof that are intended to
house facilities or activities directly related to the safety of persons
at the airport.
(2) Removing, lowering, relocating, marking, and lighting of airport
hazards as defined in 151.39(b).
(3) Acquiring land or an interest therein, or any easement through or
other interest in air space, that is necessary to allow any work covered
by paragraph (a)(1) or (2) of this section, or to remove or mitigate, or
prevent or limit the establishment of, airport hazards as defined in
151.39(b).
It does not apply to the constructing, altering, or repair of airport
hangars or public parking facilities for passenger automobiles.
(b) The airport facilities to which subparts B and C applies are
those structures, runways, or other items, on or at an airport, that are
--
(1) Used or intended to be used, in connection with the landing,
takeoff, or maneuvering of aircraft, or for or in connection with
operating and maintaining the airport itself; or
(2) Required to be located at the airport for use by the users of its
aeronautical facilities or by airport operators, concessionaires, and
other users of the airport in connection with providing services or
commodities to the users of those aeronautical facilities.
(c) For the purposes of subparts B and C, ''public airport'' means an
airport used for public purposes, under the control of a public agency
named in 151.37(a), with a publicly owned landing area.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965)
14 CFR 151.37 Sponsor eligibility.
To be eligible to apply for an individual or joint project for
development with respect to a particular airport a sponsor must --
(a) Be a public agency, which includes for the purposes of this part
only, a State, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam or an agency of any of them; a municipality or other
political subdivision; a tax-supported organization; or the United
States or an agency thereof;
(b) Be legally, financially, and otherwise able to --
(1) Make the certifications, representations, and warranties in the
application form prescribed in 151.67(a);
(2) Make, keep, and perform the assurances, agreements, and covenants
in that form; and
(3) Meet the other applicable requirements of the Federal Airport Act
and subparts B and C;
(c) Have, or be able to obtain, enough funds to meet the requirements
of 151.23; and
(d) Have, or be able to obtain, property interests that meet the
requirements of 151.25(a).
For the purpose of paragraph (a) of this section, the United States,
or an agency thereof, is not eligible for a project under subparts B and
C, unless the project --
(1) Is located in Puerto Rico, the Virgin Islands, or Guam;
(2) Is in or is in close proximity to a national park, a national
recreation area, or a national monument; or
(3) Is in a national forest or a special reservation for United
States purposes.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965)
14 CFR 151.39 Project eligibility.
(a) A project for construction or land acquisition may not be
approved under subparts B and C unless --
(1) It is an item of airport development described in 151.35(a);
(2) The airport development is within the scope of the current
National Airport Plan;
(3) The airport development is, in the opinion of the Administrator,
reasonably necessary to provide a needed civil airport facility;
(4) The Administrator is satisfied that the project is reasonably
consistent with existing plans of public agencies for the development of
the area in which the airport is located and will contribute to the
accomplishment of the purposes of the Federal-aid Airport Program;
(5) The Administrator is satisfied, after considering the pertinent
information including the sponsor's statements required by 151.26(b),
that --
(i) Fair consideration has been given to the interest of all
communities in or near which the project is located; and
(ii) Adequate replacement housing that is open to all persons,
regardless of race, color, religion, sex, or national origin, is
available and has been offered on the same nondiscriminatory basis to
persons who have resided on land physically acquired or to be acquired
for the project development and have been or will be displaced thereby;
(6) The project provides for installing such of the landing aids
specified in section 10(d) of the Federal Airport Act (49 U.S.C.
1109(d)) as the Administrator considers are needed for the safe and
efficient use of the airport by aircraft, based on the category of the
airport and the type and volume of its traffic.
(b) Only the following kinds of airport development described in
151.35(a) are eligible to be included in a project under subparts B and
C:
(1) Preparing all or part of an airport site, including clearing,
grubbing filling and grading.
(2) Dredging of seaplane anchorages and channels.
(3) Drainage work, on or off the airport or airport site.
(4) Constructing, altering, or repairing airport buildings or parts
thereof to the extent that it is covered by 151.35(a).
(5) Constructing, altering, or repairing runways, taxiways, and
aprons, including --
(i) Bituminous resurfacing of pavements with a minimum of 100 pounds
of plant-mixed material for each square yard;
(ii) Applying bituminous surface treatment on a pavement (in
accordance with FAA Specification P-609), the existing surface of which
consists of that kind of surface treatment; and
(iii) Resealing a runway that has been substantially extended or
partially reconstructed, if that resealing is necessary for the uniform
color and appearance of the runway.
(6) Fencing, erosion control, seeding and sodding of an airport or
airport site.
(7) Installing, altering, or repairing airport markers and runway,
taxiway and apron lighting facilities and equipment.
(8) Constructing, altering, or repairing entrance roads and airport
service roads.
(9) Constructing, installing, or connecting utilities, either on or
off the airport or airport site.
(10) Removing, lowering, relocating marking, or lighting any airport
hazard.
(11) Clearing, grading, and filling to allow the installing of
landing aids.
(12) Relocating structures, roads, and utilities necessary to allow
eligible airport development.
(13) Acquiring land or an interest therein, or any easement through
or other interest in airspace, when necessary to --
(i) Allow other airport development to be made, whether or not a part
of the Federal-aid Airport Program;
(ii) Prevent or limit the establishment of airport hazards;
(iii) Allow the removal, lowering, relocation, marking, and lighting
of existing airport hazards;
(iv) Allow the installing of landing aids; or
(v) Allow the proper use, operation, maintenance, and management of
the airport as a public facility.
(14) Any other airport development described in 151.35(a) that is
specifically approved by the Administrator.
For the purposes of paragraph (b)(10) of this section, an airport
hazard is any structure or object of natural growth located on or in the
vicinity of a public airport, or any use of land in the vicinity of the
airport, that obstructs the airspace needed for the landing or takeoff
of aircraft or is otherwise hazardous to the landing or takeoff of
aircraft. For the purposes of paragraph (b)(13) of this section, land
acquisition includes the acquiring of land that is already developed as
a private airport and the structures, fixtures, and improvements that
are a part of realty (other than hangars, other ineligible structures
and parts thereof, fixtures, and improvements).
(c) A project for acquiring land that has been or will be donated to
the sponsor is not eligible for inclusion in the Federal-aid Airport
Program, unless the project also includes other items of airport
development that would require a sponsor's contribution equal to or more
than the United States share of the value of the donated land as
appraised by the Administrator.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16524, Dec. 28,
1966; Amdt. 151-37, 35 FR 5112, Mar. 26, 1970; Amdt. 151-39, 35 FR
5537, Apr. 3, 1970)
14 CFR 151.41 Project costs.
(a) For the purposes of subparts B and C, project costs consist of
any costs involved in accomplishing a project, including those of --
(1) Making field surveys;
(2) Preparing plans and specifications;
(3) Accomplishing or procuring the accomplishing of the work;
(4) Supervising and inspecting construction work;
(5) Acquiring land, or an interest therein, or any casement through
or other interest in airspace; and
(6) Administrative and other incidental costs incurred specifically
in connection with accomplishing a project, and that would not have
otherwise been incurred.
(b) The costs described in paragraph (a) of this section, including
the value of land, labor, materials, and equipment donated or loaned to
the sponsor and appropriated to the project by the sponsor, are eligible
for consideration as to their allowability, except for --
(1) That part of the cost of rehabilitation or repair for which funds
have been appropriated under section 17 of the Federal Airport Act (49
U.S.C. 1116);
(2) That part of the cost of acquiring an existing private airport
that represents the cost of acquiring passenger automobile parking
facilities, buildings to be used as hangars, living quarters, or for
nonairport purposes, at the airport, and those buildings or parts of
buildings the construction of which is not airport development within
the meaning of 151.35(a);
(3) The cost of materials and supplies owned by the sponsor or
furnished from a source of supply owned by the sponsor if --
(i) Those materials and supplies were used for airport development
before the grant agreement was executed; or
(ii) The cost is not supported by proper evidence of quantity and
value;
(4) The cost of nonexpendable machinery, tools, or equipment owned by
the sponsor and used under a project by the sponsors force account,
except to the extent of the fair rental value of that machinery, tools,
or equipment for the period it is used on the project;
(5) The costs of general area, urban, or statewide planning of
airports, as distinguished from planning a specific project;
(6) The value of any land, including improvements, donated to the
sponsor by another public agency; and
(7) Any costs incurred in connection with raising funds by the
sponsor, including interest and premium charges and administrative
expenses involved in conducting bond elections and in the sale of bonds.
(c) To be an allowable project cost, for the purposes of computing
the amount of a grant, an item that is paid or incurred must, in the
opinion of the Administrator --
(1) Have been necessary to accomplish airport development in
conformity with the approved plans and specifications for an approved
project and with the terms of the grant agreement for the project;
(2) Be reasonable in amount (or be subject to partial disallowance
under section 13(a)(3) of the Federal Airport Act (49 U.S.C.
1112(a)(3));
(3) Have been incurred after the date the grant agreement was
executed, except that costs of land acquisition, field surveys,
planning, preparing plans and specifications, and administrative and
incidental costs, may be allowed even though they were incurred before
that date, if they were incurred after May 13, 1946; and
(4) Be supported by satisfactory evidence.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-14, 31 FR 11747, Sept. 8,
1966)
14 CFR 151.43 United States share of project costs.
(a) The United States share of the allowable costs of a project is
stated in the grant agreement for the project, to be paid from
appropriations made under the Federal Airport Act.
(b) Except as provided in paragraphs (c) and (d) of this section and
in subpart C of this part, the United States share of the costs of an
approved project for airport development (regardless of its size or
location) is 50 percent of the allowable costs of the project.
(c) The U.S. share of the costs of an approved project for airport
development in a State in which the unappropriated and unreserved public
lands and nontaxable Indian lands (individual and tribal) is more than 5
percent of its total land, is the percentage set forth in the following
table:
(d) The United States share of the costs of an approved project,
representing the costs of any of the following, is 75 percent:
(1) The costs of installing high intensity runway edge lighting on a
designated instrument landing runway or other runway with an approved
straight-in approach procedure.
(2) The costs of installing in-runway lighting (touchdown zone
lighting system, and centerline lighting system).
(3) The costs of installing runway distance markers.
(4) The costs of acquiring land, or a suitable property interest in
land or in or over water, needed for installing operating, and
maintaining an ALS (as described in 151.13).
(5) The costs of any project in the Virgin Islands.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962 as amended by Amdt.
151-17, 31 FR 16524, Dec. 28, 1966; Amdt. 151-20, 32 FR 17471; Dec.
6, 1967; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969; Amdt. 151-36, 34 FR
19501 Dec. 10, 1969)
14 CFR 151.45 Performance or construction work: General requirements.
(a) All construction work under a project must be performed under
contract, except in a case where the Administrator determines that the
project, or a part of it, can be more effectively and economically
accomplished on a force account basis by the sponsor or by another
public agency acting for or as agent of the sponsor.
(b) Each contract under a project must meet the requirements of local
law.
(c) No sponsor may issue any change order under any of its
construction contracts or enter into a supplemental agreement unless
three copies of that order or agreement have been sent to and approved
by the Area Manager. 151.47 and 151.49 apply to supplemental
agreements as well as to original contracts.
(d) This section and 151.47 through 151.49 do not apply to
contracts with the owners of airport hazards, (as described in
151.39(b)), buildings, pipe lines, power lines, or other structures or
facilities, for installing, extending, changing, removing, or relocating
that structure or facility. However, the sponsor must obtain the
approval of the Area Manager before entering into such a contract.
(e) No sponsor may allow a contractor or subcontractor to begin work
under a project until --
(1) The sponsor has furnished three conformed copies of the contract
to the Area Manager; and
(2) The Area Manager agrees to the issuance of a notice to proceed
with the work to the contractor. However, the Area Manager does not
agree to the issuance of such a notice unless he is satisfied that
adequate replacement housing is available and has been offered to
affected persons, as required for project eligibility by 151.39(a)(5).
(f) Except when the Area Manager determines that the sponsor has
previously demonstrated satisfactory engineering and construction
supervision and inspection, no sponsor may allow a contractor or
subcontractor to begin work, nor may the sponsor begin force account
work, until the sponsor has notified the Area Manager in writing that
engineering and construction supervision and inspection have been
arranged to insure that construction will conform to FAA approved plans
and specifications, and that the sponsor has caused a review to be made
of the qualifications of personnel who will be performing such
supervision and inspection and is satisfied that they are qualified to
do so.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-31, 34 FR 4885, Mar. 6, 1969; Amdt. 151-39, 35 FR 5537, Apr. 3,
1970)
14 CFR 151.47 Performance of construction work: Letting of contracts.
(a) Advertising required; exceptions. Unless the Administrator
approves another method for use on a particular airport development
project, each contract for construction work on a project in the amount
of more than $2,000 must be awarded on the basis of public advertising
and open competitive bidding under the local law applicable to the
letting of public contracts. Any oral or written agreement or
understanding between a sponsor and another public agency that is not a
sponsor of the project, under which that public agency undertakes
construction work for or as agent of the sponsor, is not considered to
be a construction contract for the purposes of this section, or
151.45, 151.49, and 151.51.
(b) Advertisement; conditions and contents. There may be no
advertisement for bids on, or negotiation of, a construction contract
until the Administrator has approved the plans and specifications. The
advertisement shall inform the bidders of the contract and reporting
provisions required by 151.54. Unless the estimated contract price or
construction cost is $2,000 or less, there may be no advertisement for
bids or negotiation until the Administrator has given the sponsor a copy
of a decision of the Secretary of Labor establishing the minimum wage
rates for skilled and unskilled labor under the proposed contract. In
each case, a copy of the wage determination decision must be set forth
in the initial invitation for bids or proposed contract or incorporated
therein by reference to a copy set forth in the advertised or negotiated
specifications.
(c) Procedure for the Secretary of Labor's wage determinations. At
least 60 days before the intended date of advertising or negotiating
under paragraph (b) of this section, the sponsor shall send to the Area
Manager, completed Department of Labor Form DB-11, with only the
classifications needed in the performance of the work checked. General
entries (such as ''entire schedule'' or ''all applicable
classifications'') may not be used. Additional necessary
classifications not on the form may be typed in the blank spaces or on
an attached separate list. A classification that can be fitted into
classifications on the form, or a classification that is not generally
recognized in the area or in the industry, may not be used. Except in
areas where the wage patterns are clearly established, the Form must be
accompanied by any available pertinent wage payment or locally
prevailing fringe benefit information.
(d) Use and effectiveness of the Secretary of Labor's wage
determinations. (1) Wage determinations are effective only for 120 days
from the date of the determinations. If it appears that a determination
may expire between bid opening and award, the sponsor shall so advise
the FAA as soon as possible. If he wishes a new request for wage
determination to be made and if any pertinent circumstances have
changed, he shall submit a new Form DB-11 and accompanying information.
If he claims that the determination expires before award and after bid
opening due to unavoidable circumstances, he shall submit proof of the
facts which he claims support a finding to that effect.
(2) The Secretary of Labor may modify any wage determination before
the award of the contract or contracts for which it was sought. If the
proposed contract is awarded on the basis of public advertisement and
open competitive bidding, any modification that the FAA receives less
than 10 days before the opening of bids is not effective, unless the
Administrator finds that there is reasonable time to notify bidders. A
modification may not continue in effect beyond the effective period of
the wage determination to which it relates. The Administrator sends any
modification to the sponsor as soon as possible. If the modification is
effective, it must be incorporated in the invitation for bids, by
issuing an addendum to the specifications or otherwise.
(e) Requirements for awarding construction contracts. A sponsor may
not award a construction contract without the written concurrence of the
Administrator (through the Area Manager) that the contract prices are
reasonable and that the contract conforms to the sponsor's grant
agreement with the United States. A sponsor that awards contracts on
the basis of public advertising and open competitive bidding, shall,
after the bids are opened, send a tabulation of the bids and its
recommendations for award to the Area Manager. The allowable project
costs of the work, on which the Federal participation is computed, may
not be more than the bid of the lowest responsible bidder. The sponsor
may not accept a bid by a contractor whose name appears on the current
list of ineligible contractors published by the Comptroller General of
the United States under 5.6(b) of Title 29 of the regulations of the
Secretary of Labor (29 CFR part 5), or a bid by any firm, corporation,
partnership, or association in which that contractor has a substantial
interest.
(f) Secretary of Labor's interpretations apply. Where applicable by
their terms, the regulations of the Secretary of Labor (29 CFR
5.20-5.32) interpreting the fringe benefit provisions of the Davis-Bacon
Act apply to this section.
(Amdt. 151-6, 29 FR 18001, Dec. 18, 1964)
14 CFR 151.49 Performance of construction work: Contract requirements.
(a) Contract provisions. In addition to any other provisions
necessary to ensure completion of the work in accordance with the grant
agreement, each sponsor entering into a construction contract for an
airport development project shall insert in the contract the provisions
required by the Secretary of Labor, as set forth in Appendix H of this
part. The Director, Airports Service, may amend any provision in
Appendix H from time to time to accord with rule-making action of the
Secretary of Labor. The provisions in the following paragraphs also
must be inserted in the contract:
(1) Federal Aid to Airport Program Project. The work in this
contract is included in Federal-aid Airport Project No. ------ which is
being undertaken and accomplished by the (insert sponsor's name) in
accordance with the terms and conditions of a grant agreement between
the (insert sponsor's name) and the United States, under the Federal
Airport Act (49 U.S.C. 1101) and part 151 of the Federal Aviation
Regulations (14 CFR part 151), pursuant to which the United States has
agreed to pay a certain percentage of the costs of the project that are
determined to be allowable project costs under that Act. The United
States is not a party to this contract and no reference in this contract
to the FAA or any representative thereof, or to any rights granted to
the FAA or any representative thereof, or the United States, by the
contract, makes the United States a party to this contract.
(2) Consent to assignment. The contractor shall obtain the prior
written consent of the (insert sponsor's name) to any proposed
assignment of any interest in or part of this contract.
(3) Convict labor. No convict labor may be employed under this
contract.
(4) Veterans' preference. In the employment of labor (except in
executive, administrative, and supervisory positions), preference shall
be given to qualified individuals who have served in the military
service of the United States (as defined in section 101(1) of the
Soldiers' and Sailors' Civil Relief Act of 1940) and have been honorably
discharged from that service, except that preference may be given only
where that labor is available locally and is qualified to perform the
work to which the employment relates.
(5) Withholding: Sponsor from contractor. Whether or not payments
or advances to the (insert sponsor's name) are withheld or suspended by
the FAA, the (insert sponsor's name) may withhold or cause to be
withheld from the contractor so much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics employed by
the contractor or any subcontractor on the work the full amount of wages
required by this contract.
(6) Nonpayment of wages. If the contractor or subcontractor fails to
pay any laborer or mechanic employed or working on the site of the work
any of the wages required by this contract the (insert sponsor's name)
may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment or advance of
funds until the violations cease.
(7) FAA inspection and review. The contractor shall allow any
authorized representative of the FAA to inspect and review any work or
materials used in the performance of this contract.
(8) Subcontracts. The contractor shall insert in each of his
subcontracts the provisions contained in paragraphs (insert designations
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4),
(5), (6) and (7) of this paragraph), and also a clause requiring the
subcontractors to include these provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
(9) Contract termination. A breach of paragraphs (insert designation
of 3 paragraphs corresponding to paragraphs (6), (7) and (8) of this
paragraph) may be grounds for termination of the contract.
(b) Exemption of certain contracts. Appendix H to this part and
paragraph (a)(5) of this section do not apply to prime contracts of
$2,000 or less.
(c) Adjustment in liquidated damages. A contractor or subcontractor
who has become liable for liquidated damages under paragraph G of
Appendix H and who claims that the amount administratively determined as
liquidated damages under section 104(a) of the Contract Work Hours
Standards Act is incorrect or that he violated inadvertently the
Contract Work Hours Standards Act notwithstanding the exercise of due
care, may --
(1) If the amount determined is more than $100, apply to the
Administrator for a recommendation to the Secretary of Labor that an
appropriate adjustment be made or that he be relieved of liability for
such liquidated damages; or
(2) If the amount determined is $100 or less, apply to the
Administrator for an appropriate adjustment in liquidated damages or for
release from liability for the liquidated damages.
(d) Corrected wage determinations. The Secretary of Labor corrects
any wage determination included in any contract under this section
whenever the wage determination contains clerical errors. A correction
may be made at the Administrator's request or on the initiative of the
Secretary of Labor.
(e) Secretary of Labor's interpretations apply. Where applicable by
their terms, the regulations of the Secretary of Labor (29 CFR
5.20-5.32) interpreting the ''fringe benefit provisions'' of the
Davis-Bacon Act apply to the contract provisions in Appendix H, and to
this section.
(Amdt. 151-6, 29 FR 18001, Dec. 18, 1964, as amended by Amdt. 151-7,
30 FR 7484, June 6, 1965)
14 CFR 151.51 Performance of construction work: Sponsor force account.
(a) Before undertaking any force account construction work, the
sponsor (or any public agency acting as agent for the sponsor) must
obtain the written consent of the Administrator through the Area
Manager. In requesting that consent, the sponsor must submit --
(1) Adequate plans and specifications showing the nature and extent
of the construction work to be performed under that force account;
(2) A schedule of the proposed construction and of the construction
equipment that will be available for the project;
(3) Assurance that adequate labor, material, equipment, engineering
personnel, as well as supervisory and inspection personnel as required
by 151.45(f), will be provided; and
(4) A detailed estimate of the cost of the work, broken down for each
class of costs involved, such as labor, materials, rental of equipment,
and other pertinent items of cost.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-31, 34 FR 4885, Mar. 6,
1969)
14 CFR 151.53 Performance of construction work: Labor requirements.
A sponsor who is required to include in a construction contract the
labor provisions required by 151.49 shall require the contractor to
comply with those provisions and shall cooperate with the FAA in
effecting that compliance. For this purpose the sponsor shall --
(a) Keep, and preserve, for a three-year period beginning on the date
the contract is completed, each affidavit and payroll copy furnished by
the contractor, and make those affidavits and copies available to the
FAA, upon request, during that period;
(b) Have each of those affidavits and payrolls examined by its
resident engineer (or any other of its employees or agents who are
qualified to make the necessary determinations), as soon as possible
after receiving it, to the extent necessary to determine whether the
contractor is complying with the labor provisions required by 151.49
and particularly with respect to whether the contractor's employees are
correctly classified;
(c) Have investigations made during the performance of work under the
contract, to the extent necessary to determine whether the contractor is
complying with those labor provisions, particularly with respect to
whether the contractor's employees are correctly classified, including
in the investigations, interviews with employees and examinations of
payroll information at the work site by the sponsor's resident engineer
(or any other of its employees or agents who are qualified to make the
necessary determinations); and
(d) Keep the Area Manager fully advised of all examinations and
investigations made under this section, all determinations made on the
basis of those examinations and investigations, and all efforts made to
obtain compliance with the labor provisions of the contract.
For the purposes of paragraph (c) of this section, the sponsor shall
give priority to complaints of alleged violations, and shall treat as
confidential any written or oral statements made by any employee. The
sponsor may not disclose an employee's statement to a contractor without
the employee's consent.
14 CFR 151.54 Equal employment opportunity requirements: Before July
1, 1968.
In conformity with Executive Order 11246 of September 24, 1965 (30 FR
12319, 3 CFR, 1965 Supp., p. 167) the regulations of the former
President's Committee on Equal Employment Opportunity, 41 CFR part 60-1
(28 FR 9812, 11305), as adopted ''to the extent not inconsistent with
Executive Order 11246'' by the Secretary of Labor (''Transfer of
Functions,'' Oct. 19, 1965, 30 FR 13441), are incorporated by reference
into subparts B and C of this part as set forth below. They are
referred to in this section by section numbers of part 60-1 of title 41.
(a) Equal employment opportunity requirements. There are hereby
incorporated by reference into subparts B and C, as requirements, the
provisions of 60-1.3(b)(1). The FAA is primarily responsible for the
sponsor's compliance.
(b) Equal employment opportunity requirements in construction
contracts. The sponsor shall cause the ''equal opportunity clause'' in
60-1.3(b)(1) to be incorporated into all prime contracts and
subcontracts as required by 60-1.3(c).
(c) Reporting requirements for contractors and subcontractors. The
sponsor shall cause the filing of compliance reports by contractors and
subcontractors as provided in 60-1.6(a) and the furnishing of such
other information as may be required under that provision.
(d) Bidders' reports. (1) The sponsor shall include in his
invitations for bids or negotiations for contracts, and shall require
his contractors to include in their invitations for bids or negotiations
for subcontracts, the following provisions based on 60-1.6(b)(1):
Each bidder, prospective contractor or proposed subcontractor shall
state as an initial part of the bid or negotiations of the contract
whether he has participated in any previous contract or subcontract
subject to the equal opportunity clause and, if so, whether he has filed
with the Office of Federal Contract Compliance in the United States
Department of Labor or the contracting or administering agency all
compliance reports due under applicable instructions. In any case in
which a bidder or prospective contractor or proposed subcontractor who
has participated in a previous contract or subcontract subject to the
equal opportunity clause has not filed a compliance report due under
applicable instructions, such bidder, prospective contractor or proposed
subcontractors shall submit a compliance report prior to the award of
the proposed contract or subcontract. When a determination has been
made to award a contract to a specific contractor, such contractor
shall, prior to award, furnish such other pertinent information
regarding his own employment policies and practices as well as those of
his proposed subcontractors as the FAA, the sponsor, or the Director of
the Office of Federal Contract compliance may require.
(2) The sponsor or his contractors shall give express notice of the
requirements of this paragraph (d) in all invitations for bids or
negotiations for contracts.
(e) Enforcement. The FAA conducts compliance reviews, handles
complaints and, where appropriate, conducts hearings and imposes, or
recommends to the Office of Federal Contract Compliance, sanctions, as
provided in subpart B -- General Enforcement; Complaint Procedure of
part 60-1.
(f) Exempted contracts. Except for subcontracts for the performance
of construction work at the site of construction, the requirements of
this section do not apply to subcontracts below the second tier (
60-1.3(c)). The requirements of this section do not apply to contracts
and subcontracts exempted by 60-1.4.
(g) Meaning of terms. The term ''applicant'' in the provisions of
part 60-1 incorporated by reference in this section means the sponsor,
except where part 60-1 refers to an applicant for employment, and the
term ''administering agency'' therein means the FAA.
(h) Applicability to existing agreements and contracts. This section
applies to grant agreements made after December 20, 1964, and before
July 1, 1968. Except as provided in 151.54A(b), it applies to
contracts and subcontracts as defined in 60-1.2 (i) and (k) of Title 41
made in accordance with a grant agreement to which this section applies.
(E.O. 11246, 30 FR 13441, 31 FR 6921; sec. 307, 72 Stat. 752, 49
U.S.C. 1348)
(Amdt. 151-5, 29 FR 15569, Nov. 20, 1964, as amended by Amdt. 151-8,
30 FR 8040, June 23, 1965; Amdt. 151-12, 31 FR 10261, July 29, 1966;
Amdt. 151-23, 33 FR 9543, June 29, 1968)
14 CFR 151.54a Equal employment opportunity requirements: After June
30, 1968.
(a) Incorporation by reference. There are hereby incorporated by
reference into this part the regulations issued by the Secretary of
Labor on May 21, 1968, and published in the Federal Register on May 28,
1968 (41 CFR part 60-1, 33 FR 7804), except for the following
provisions:
(1) Paragraph (a), ''Government contracts'', of 60-1.4, ''Equal
opportunity clause''.
(2) Section 60-1.6, ''Duties of agencies''.
(b) Applicability and effectiveness. The regulations incorporated by
reference in paragraph (a) of this section apply to grant agreements
made after June 30, 1968. They also apply to contracts, as defined in
60-1.3(f) of Title 41, entered into under any grant agreement made
before or after that date, as provided in 60-1.47 of Title 41.
(Sec. 307, 72 Stat. 752, 49 U.S.C. 1348)
(Amdt. 151-23, 33 FR 9543, June 29, 1968)
14 CFR 151.55 Accounting and audit.
(a) Each sponsor shall establish and maintain, for each individual
project, an adequate accounting record to allow appropriate personnel of
the FAA to determine all funds received (including funds of the sponsor
and funds received from the United States or other sources), and to
determine the allowability of all incurred costs of the project. The
sponsor shall segregate and group project costs so that it can furnish,
on due notice, cost information in the following cost classifications:
(1) Purchase price or value of land.
(2) Incidental costs of land acquisition.
(3) Costs of contract construction.
(4) Costs of force account construction.
(5) Engineering costs of plans and designs.
(6) Engineering costs of supervision and inspection.
(7) Other administrative costs.
(b) The sponsor shall obtain and retain in its files for a period of
three years after the date of the final grant payment, documentary
evidence such as invoices, cost estimates, and payrolls supporting each
item of project costs.
(c) The sponsor shall retain, for a period of three years after the
date of the final grant payment, evidence of all payments for items of
project costs including vouchers, cancelled checks or warrants, and
receipts for cash payments.
(d) The sponsor shall allow the Administrator and the Comptroller
General of the United States, or an authorized representative of either
of them, access to any of its books, documents, papers, and records that
are pertinent to grants received under the Federal-aid Airport Program
for the purposes of accounting and audit. Appropriate FAA personnel may
make progress audits at any time during the project, upon notice to the
sponsor. If work is suspended on the project for an appreciable period
of time, an audit will be made before any semi-final payment is made.
In each case an audit is made before the final payment.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965)
14 CFR 151.57 Grant payments: General.
(a) An application for a grant payment is made on FAA Form 5100-6,
accompanied by --
(1) A summary of project costs on Form FAA-1630;
(2) A periodic cost estimate on Form FAA-1629 for each contract
representing costs for which payment is requested; and
(3) Any supporting information, including appraisals of property
interests, that the FAA needs to determine the allowability of any costs
for which payment is requested.
(b) Contractor's certifications. Each application that involves work
performed by a contractor must contain, in the contractor's
certification in the periodic cost estimate, a statement that ''there
has been full compliance with all labor provisions included in the
contract identified above and in all subcontracts made under that
contract'', and, in the case of a substantial dispute as to the nature
of the contractor's or a subcontractor's obligation under the labor
provisions of the contract or a subcontract, and additional phrase
''except insofar as a substantial dispute exists with respect to these
provisions''.
(c) If a contractor or subcontractor fails or refuses to comply with
the labor provisions of the contract with the sponsor, further grant
payments to the sponsor are suspended until the violations stop, until
the Administrator determines the allowability of the project costs to
which the violations related, or, to the extent that the violations
consist of underpayments to labor, until the sponsor furnishes
satisfactory assurances to the FAA that restitution has been or will be
made to the affected employees.
(d) If, upon final determination of the allowability of all project
costs of a project, it is found that the total of grant payments to the
sponsor was more than the total United States share of the allowable
costs of the project, the sponsor shall promptly return the excess to
the FAA.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-4, 29 FR 11336, Aug. 6, 1964; Amdt. 151-8, 30 FR 8040, June 23,
1965; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-32, 34 FR
9617, June 19, 1969)
14 CFR 151.59 Grant payments: Land acquisition.
If an approved project includes land acquisition as an item of
airport development, the sponsor may, at any time after executing the
grant agreement and after title evidence has been approved by the
Administrator for the property interest for which payment is requested,
apply to the FAA, through the Area Manager, for payment of the United
States share of the allowable project costs of the acquisition,
including any acquisition that is completed before executing the grant
agreement and is part of the airport development included in the
project.
14 CFR 151.61 Grant payments: Partial.
(a) Subject to the final determination of allowable project costs as
provided in 151.63 partial grant payments for project costs may be made
to a sponsor upon application. Unless previously agreed otherwise, a
sponsor may apply for partial payments on a monthly basis. The payments
may be paid, upon application, on the basis of the costs of airport
development that is accomplished or on the basis of the estimated cost
of airport development expected to be accomplished.
(b) Except as otherwise provided, partial grant payments are made in
amounts large enough to bring the aggregate amount of all partial
payments to the estimated United States share of the project costs of
the airport development accomplished under the project as of the date of
the sponsor's latest application for payment. In addition, if the
sponsor applies, a partial grant payment is made as an advance payment
in an amount large enough to bring the aggregate amount of all partial
payments to the estimated United States share of the estimated project
costs of the airport development expected to be accomplished within 30
days after the date of the sponsor's application for advance payment.
However, no partial payment may be made in an amount that would bring
the aggregate amount of all partial payments for the project to more
than 90 percent of the estimated United States share of the total
estimated cost of all airport development included in the project, but
not including contingency items, or 90 percent of the maximum obligation
of the United States as stated in the grant agreement, whichever amount
is the lower. In determining the amount of a partial grant payment,
those project costs that the Administrator considers to be of
questionable allowability are deducted both from the amount of proj- ect
costs incurred and from the amount of the estimated total project cost.
14 CFR 151.63 Grant payments: Semifinal and final.
(a) Whenever airport development on a project is delayed or suspended
for an appreciable period of time for reasons beyond the sponsor's
control and the allowability of the project costs of all airport
development completed has been determined on the basis of an audit and
review of all costs, a semifinal grant payment may be made in an amount
large enough to bring the aggregate amount of all partial grant payments
for the project to the United States share of all allowable project
costs incurred, even if the amount is more than the 90 percent
limitation prescribed in 151.61(b). However, it may not be more than
the maximum obligation of the United States as stated in the grant
agreement.
(b) Whenever the project is completed in accordance with the grant
agreement, the sponsor may apply for final payment. The final payment
is made to the sponsor if --
(1) A final inspection of all work at the airport site has been made
jointly by the Area Manager and representatives of the sponsor and the
contractor, unless the Area Manager agrees to a different procedure for
final inspection.
(2) A final audit of the project account has been completed by
appropriate personnel of the FAA; and
(3) The sponsor has furnished final ''as constructed'' plans, unless
otherwise agreed to by the Administrator.
(c) Based upon the final inspection, the final audit, the plans, and
the documents and supporting information required by 151.57(a), the
Administrator determines the total amount of the allowable project costs
and pays the sponsor the United States' share, less the total amount of
all prior payments.
14 CFR 151.65 Memoranda and hearings.
(a) At any time before the FAA issues a grant offer for a project,
any public agency or person having a substantial interest in the
disposition of the project application may file a memorandum supporting
or opposing it with the Area Manager of the area in which the project is
located. In addition, that public agency or person may request a public
hearing on the location of the airport to be developed. If, in the
Administrator's opinion, that public agency or person has a substantial
interest in the matter, a public hearing is held.
(b) The Administrator sets the time and place of each hearing under
this section, to avoid undue delay in disposing of the application, to
afford reasonable time for all parties concerned to prepare for it, and
to hold it at a place convenient to the sponsor. Notice of the time and
place is mailed to the public agency or person filing the memorandum,
the sponsor, and any other necessary persons.
(c) The purpose of the hearing is to help the Administrator discover
facts relating to the location of the airport that is proposed to be
developed under an application pending before him. There are no adverse
parties or interests and no defendant or respondent. They are not
hearings for the purposes of 5 U.S.C. 554, 556, and 557, and do not
terminate in an adjudication as defined in that Act.
(d) Each hearing under this section is conducted by a hearing officer
designated by the Administrator. The hearing officer decides the length
of the hearing, the kind of testimony to be heard, and all other matters
respecting the conduct of the hearing. The hearing is recorded in a
manner determined by the hearing officer and the record becomes a part
of the record of the project application. The Administrator's decision
is not made solely on the basis of the hearing, but on all relevants
facts.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-11, 31 FR 6686, May 5, 1966; Amdt. 151-35, 34 FR 13699, Aug. 27,
1969)
14 CFR 151.67 Forms.
(a) The various forms used for the purposes of subparts B and C are
as follows:
(1) Requests for Federal-aid, FAA Form 5100-3: Contains a statement
requesting Federal-aid in carrying out a project under the Federal
Airport Act, with appropriate spaces for inserting information needed
for considering the request, including the location of the airport, the
amount of funds available to the sponsor, a description of the proposed
work, and its estimated cost.
(2) Project application, Form FAA-1624: A formal application for
Federal-aid to carry out a project under this part. It contains four
parts:
(i) Part I -- For pertinent information regarding the airport and
proposed work included in the project.
(ii) Part II -- For incorporating the representations of the sponsor
relating to its legal authority to undertake the project, the
availability of funds for its share of the project costs, approvals of
other non-United States agencies, the existence of any default on the
compliance requirements of 151.77(a), possible disabilities, and the
ownership of lands and interests in lands to be used in carrying out the
project and operating the airport.
(iii) Part III -- For incorporating the sponsor's assurances
regarding the operation and maintenance of the airport, further
development of the airport, and the acquisition of any additional
interests in lands that may be needed to carry out the project or for
operating the airport.
(iv) Part IV -- For a statement of the sponsor's acceptance, to be
executed by the sponsor and certificated by its attorney.
(3) (Reserved)
(4) Grant agreement, Form FAA-1632:
(i) Part I -- Offer by the United States to pay a specified
percentage of the allowable costs of the project, as described therein,
on specified terms relating to the undertaking and carrying out of the
project, determination of allowability of costs, payment of the United
States share, and operation and maintenance of the airport in accordance
with assurances in the proj- ect application.
(ii) Part II -- Acceptance of the offer by the sponsor, execution of
the acceptance by the sponsor, and certification by its attorney.
(5) Periodic cost estimate, Form FAA-1629: a certification to be
executed by the contractor, with space for information regarding the
progress of construction work as of a specific date, and the value of
the completed work.
(6) Application for grant payment, FAA Form 5100-6: Application for
payment under a grant agreement for work completed as of a specific date
or to be completed by a specific date, with space for an appropriate
breakdown of project costs among the categories shown therein, and
certification provisions to be executed by the sponsor and the Area
Manager.
(7) Summary of project costs, Form FAA-1630: For inserting the
latest revised estimate of total project costs, the total costs incurred
as of a specific date, an estimate of the aggregate of those total costs
incurred to date and those to be incurred before a specific date in the
future.
(b) Copies of the forms named in this section, and assistance in
completing and executing them, are available from the Area Manager.
(Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-11, 31 FR 6686, May 5,
1966; Amdt. 151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-25, 33 FR
14535, Sept. 27, 1968; Amdt. 151-34, 34 FR 12883, Aug. 8, 1969)
14 CFR 151.67 Subpart C -- Project Programing Standards
Authority: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a),
314, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C.
1101-1119, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622(b),
1622(c).
Source: Docket No. 1329, 27 FR 12357 Dec. 13, 1962, unless
otherwise noted.
14 CFR 151.71 Applicability.
(a) This subpart prescribes programing and design and construction
standards for projects under the Federal-Aid Airport Program to assure
the most efficient use of Program funds and to assure that the most
important elements of a national system of airports are provided.
(b) Except for the standards made mandatory by 151.72(a), the
standards prescribed in this subpart that apply to any particular
project are those in effect on the date the sponsor accepts the
Administrator's offer under 151.29(c). The standards of 151.72(a)
applicable to a project are those in effect on the date written on the
notification of tentative allocation of funds ( 151.21(b)). Standards
that become effective after that date may be applied to the project by
agreement between the sponsor and the Administrator.
(Secs. 1-15, 17-21, 60 Stat. 170, 49 U.S.C. 1120)
(Amdt. 151-19, 32 FR 9220, June 29, 1967)
14 CFR 151.72 Incorporation by reference of technical guidelines in
Advisory Circulars.
(a) Provisions incorporated; mandatory standards. The technical
guidelines in the Advisory Circulars, or parts of Circulars, listed in
Appendix I of this part, are incorporated into this subpart by
reference. Guidelines so incorporated are mandatory standards and apply
in addition to the other standards in this subpart. No provision so
incorporated and made mandatory supersedes any provision of this part
151 (other than of App. I) or of any other part of the Federal Aviation
Regulations. Each Circular is incorporated with all amendments
outstanding at any time unless the entry in Appendix I of this part
states otherwise.
(b) Amendments of Appendix I. The Director, Airports Service, may
add to, or delete from, Appendix I of this part any Advisory Circular or
part thereof.
(c) Availability of Advisory Circulars. The Advisory Circulars
listed in Appendix I of this part may be inspected and copied at any FAA
Regional Office, Area Office, or Airports District Office. Copies of
the Circulars that are available free of charge may be obtained from any
of the offices or from the Federal Aviation Administration, Printing
Branch, HQ-438, Washington, D.C. 20553. Copies of the Circulars that are
for sale may be bought from the Superintendent of Documents, U.S.
Government Printing Office, Washington, D.C. 20402 for the price listed.
(Amdt. 151-13, 31 FR 11605, Sept. 2, 1966, as amended by Doc. No.
8084, 32 FR 5769, Apr. 11, 1967)
14 CFR 151.73 Land acquisition.
(a) The acquisition of land or any interest therein, or of any
easement or other interest in airspace, is eligible for inclusion in a
project if it was made after May 13, 1946, and is necessary --
(1) To allow the initial development of the airport;
(2) For improvement indicated in the current National Airport Plan;
(3) For ultimate development of the airport, as indicated in the
current approved airport layout plan to the extent consistent with the
National Airport Plan;
(4) For approach protection meeting the standards of 77.23 as
applied to 77.25 and 77.27 of this chapter;
(5) To allow installing an ALS (as described in 151.13), in which
case the costs of acquiring land needed for it are eligible for 75
percent United States participation if the need is shown in the National
Airport Plan, based on the best information available to the FAA for the
forecast period;
(6) To allow proper use, operation, or maintenance of the airport as
a public facility, including offsite lands needed for locating necessary
parts of the utility systems serving the airport;
(7) To allow installing navigational aids by the FAA, if the land is
within the airport boundaries; or
(8) To allow relocation of navigational aids.
(b) Appendix A of this part sets forth typical eligible and
ineligible items of land acquisition as covered by this section.
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-7, 30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23,
1965)
14 CFR 151.75 Preparation of site.
(a) Grading, drainage, and associated items of site preparation are
eligible for inclusion in a project, but only with respect to one
landing strip at any airport, unless the airport qualifies for more than
one runway, based on traffic volume or wind conditions (as outlined in
151.77) and the overall site preparation required for development in
accordance with the airport layout plan. The complete clearance of
runway clear zone areas is desirable, but, as a minimum, all
obstructions as determined by 77.23 as applied to 77.27 (b) and (c) of
this chapter must be removed. Grading in runway clear zones is eligible
only to remove terrain that is an obstruction. The clear zone is not a
graded overrun area. Specific site preparation for an airport terminal
building is eligible on the same basis as the building itself. The site
preparation cost is prorated based on eligible and ineligible building
space. Appendix B of this part sets forth typical eligible and
ineligible items of site preparation as covered by this section.
(b) For the purposes of this section, eligible drainage work off the
airport site includes drainage outfalls, drainage disposal, and
interception ditches. If there is damage to adjacent property, its
correction is an eligible item for inclusion in the project.
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-7, 30 FR 7484, June 8, 1965; Amdt. 151-8, 30 FR 8040, June 23,
1965)
14 CFR 151.77 Runway paving: General rules.
(a) On any airport, paving of the designated instrument landing
runway (or dominant runway if there is no designated instrument runway)
is eligible for inclusion in a project, within the limits of the current
National Airport Plan. Program participation in constructing,
reconstructing or resurfacing is limited to a single runway at each
airport, unless more than one runway is eligible under a standard in
151.79 or 151.80.
(b) The kinds of runway paving that are eligible for inclusion in a
project include pavement construction and reconstruction, and include
runway grooving to improve skid resistance, and resurfacing to increase
the load bearing capacity of the runway or to provide a leveling course
to correct major irregularities in the pavement. Runway resealing or
refilling joints as an ordinary maintenance matter are not eligible
items, except for bituminous resurfacing consisting of at least 100
pounds of plant-mixed material for each square yard, and except for the
application of a bituminous surface treatment (two applications of
material and cover aggregate as prescribed in FAA Specification P-609)
on a pavement the current surface of which consists of that kind of a
bituminous surface treatment.
(c) On new pavement construction, the applying of a bituminous seal
coat on plant hot-mix bituminous surfaces only, is an eligible item only
if initial engineering analysis and design indicate the need for a seal
coat. However, any delay in applying it that is caused other than by
construction difficulties, makes the application a maintenance item that
is not eligible.
(d) In any case in which the need for a seal coat is necessary for a
new runway extension or partial reconstruction of a runway, the entire
runway may be sealed.
(e) Appendix C to this part sets forth typical eligible and
ineligible items of runway paving.
(49 U.S.C. 1120)
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-29, 34 FR 1634, Feb. 4,
1969)
14 CFR 151.79 Runway paving: Second runway; wind conditions.
(a) All airports. Paving a second runway on the basis of wind
conditions is eligible for inclusion in a project only if the sponsor
shows that --
(1) The airport meets the applicable standards of paragraph (b), (c),
or (d) of this section;
(2) The operational experience, and the economic factors of air
traffic at the location, justify an additional runway for the airport;
and
(3) The second runway is oriented with the existing paved runway to
achieve the maximum wind coverage, with due consideration to the airport
noise factor, topography, soil conditions, and other pertinent factors
affecting the economy and efficiency of the runway development.
(b) Airports serving large and small aircraft. The airport serves
both large and small aircraft and the existing paved runway is subject
to a crosswind component of more than 15 miles per hour (13 knots) more
than 5 percent of the time.
(c) Airports serving small aircraft only. The airport serves small
aircraft exclusively, and --
(1) The airport has 10,000, or more, aircraft operations each year;
and
(2) The existing paved runway is subject to a crosswind component of
more than 12 miles per hour (10.5 knots) more than 5 percent of the
time.
(d) Airports serving aircraft of less than 8,000 pounds only. The
airport serves small aircraft of less than 8,000 pounds maximum
certificated takeoff weight exclusively and --
(1) The airport has 5,000, or more, aircraft operations each year;
and
(2) The existing paved runway is subject to a crosswind component of
more than 12 miles per hour (10.5 knots) more than 5 percent of the
time.
(Amdt. 151-17, 31 FR 16525, Dec. 28, 1966, as amended by Amdt.
151-28, 34 FR 551, Jan. 15, 1969)
14 CFR 151.80 Runway paving: Additional runway; other conditions.
Paving an additional runway on an airport that does not qualify for a
second runway under 151.79 is eligible if the Administrator, upon
consideration on a case-to-case basis, is satisfied that --
(a) The volume of traffic justifies an additional paved runway and
the layout and orientation of the additional runway will expedite
traffic; or
(b) A combination of traffic volume and aircraft noise problems
justifies an additional paved runway for that airport.
(Amdt. 151-17, 31 FR 16525, Dec. 28, 1966)
14 CFR 151.81 Taxiway paving.
(a) The construction, alteration, and repair of taxiways needed to
expedite the flow of ground traffic between runways and aircraft parking
areas available for general public use are eligible items under the
program. Taxiways to serve an area or facility that is primarily for
the exclusive or near exclusive use of a tenant or operator that does
not furnish aircraft servicing to the public are not eligible. In
addition, the policies on resealing or refilling joints, as set forth in
151.77, apply also to taxiway paving.
(b) Appendix D of this part sets forth typical eligible and
ineligible items of taxiway paving.
14 CFR 151.83 Aprons.
(a) The construction, alteration, and repair of aprons are eligible
program items upon being shown that they are needed as public use
facilities. An apron to serve an area that is primarily for the
exclusive or near exclusive use of a tenant or operator who does not
furnish aircraft servicing to the public is not eligible. In addition,
the policies on resealing or refilling joints, as set forth in 151.77
apply also to apron paving.
(b) In determining public use for the purposes of this section, the
current use being made of a hangar governs, unless there is definite
information regarding its future use. In the case of an apron area
being built for future hangars, it should be shown that early hangar
development is assured and that the hangars will be public facilities.
(c) Appendix E of this part sets forth typical eligible and
ineligible items of Apron paving.
14 CFR 151.85 Special treatment areas.
The following special treatment for areas adjacent to pavement is
eligible for inclusion in a project in cases where, due to the operation
of turbojet powered aircraft, it may be necessary to treat those areas
adjacent to runway ends, holding aprons, and taxiways to prevent erosion
from the blast effects of the turbojet:
(a) Runway ends -- a stabilized area the width of the runway and
extending 100 to 150 feet from the end of the runway.
(b) Holding aprons -- a stabilized area up to 50 feet from the edge
of the pavement.
(c) Taxiway intersections -- a stabilized area 25 feet on each side
of the taxiway and extending 300 feet from the intersection.
(d) Taxiway (continuous movement of aircraft) -- dense turf 25 feet
on each side of the taxiway, or in a geographic area where dense turf
cannot be established, stabilization.
14 CFR 151.86 Lighting and electrical work: General.
(a) The installing of lighting facilities and related electrical
work, as provided in 151.87, is eligible for inclusion in a project
only if the Administrator determines, for the particular airport
involved, that they are needed to ensure --
(1) Its safe and efficient use by aircraft under 151.13; or
(2) Its continued operation and adequate maintenance, and it has a
large enough volume (actual or potential) of night operations.
(b) Before the Administrator makes a grant offer to the sponsor of a
project that includes installing lighting facilities and related
electrical work under paragraph (a) of this section, the sponsor must --
(1) Provide in the project for removing, relocating, or adequately
marking and lighting, each obstruction in the approach and turning
zones, as provided in 151.91(a);
(2) Acknowledge its awareness of the cost of operating and
maintaining airport lighting; and
(3) Agree to operate the airport lighting installed --
(i) Throughout each night of the year; or
(ii) According to a satisfactory plan of operation, submitted under
paragraph (c) of this section.
(c) The sponsor of a project that includes installing airport
lighting and related electrical work, under paragraph (a) of this
section, may --
(1) Submit to the Administrator a proposed plan of operation of the
airport lighting installed for periods less than throughout each night
of the year;
(2) Specify, in the proposed plan, the times when the airport
lighting installed will be operated; and
(3) Satisfy the Administrator that the proposed plan provides for
safety in air commerce, and justifies the investment of Program funds.
(d) Paragraph (b)(3) of this section also applies to each sponsor of
a project that includes installing airport lighting and related
electrical work if that sponsor has not entered into a grant agreement
for the project before September 5, 1968.
(e) If it agrees to comply with paragraph (b)(3) of this section, the
sponsor of a project that includes installing airport lighting
facilities and related electrical work that has entered into a grant
agreement for that project before September 5, 1968, may --
(1) Surrender its air navigation certificate authorizing operation of
a ''true light'' issued before that date; or
(2) Terminate its application for authority to operate a ''true
light'' made before that date.
(Secs. 307, 606, 72 Stat. 749, 779; 49 U.S.C. 1120, 1348, 1426)
(Amdt. 151-24, 33 FR 12545, Sept. 5, 1968)
14 CFR 151.87 Lighting and electrical work: Standards.
(a)-(b) (Reserved)
(c) The number of runways that are eligible for lighting is the same
as the number eligible for paving under 151.77, 151.79, or 151.80.
(d) The installing of high intensity runway edge lighting is eligible
on a designated instrument landing runway and any other runway with
approved straight-in approach procedures. A runway that is eligible for
lighting, but does not meet the requirements for 75 percent U.S.
participation under 151.43(d), is eligible for 50 percent U.S.
participation in the costs of high intensity runway edge lighting (or
the allowable percentage in 151.43(c) for public land States), if the
airport is served by a navigational aid that will allow using instrument
approach procedures. If a runway is not eligible for 75 or 50 percent
Federal participation in high intensity runway edge lighting but is
otherwise eligible for runway lighting, the U.S. share of the cost of
runway edge lighting is 50 percent of the cost of the lighting installed
but not more than 50 percent of the cost of medium intensity lighting.
(e) In-runway lighting (touchdown zone lighting system, and
centerline lighting system) is eligible on the designated instrument
landing runway.
(f) Taxiways to eligible runways on airports served by transport
aircraft are eligible for lighting. On airports serving only general
aviation, the lighting of connecting taxiways is eligible if the runway
served is lighted or is programed to be lighted. The lighting of a
parallel taxiway is eligible if the taxiway is eligible for paving.
Lighting of other taxiways is eligible or not, depending on the
complexity of the taxiway system.
(g) Floodlighting of aprons is eligible if there is a proven need for
it, including a showing of night operations where the runway is lighted.
(h) Any airport that is eligible to participate in the costs of
runway lighting is eligible for the installing of an airport beacon,
lighted wind indicator, obstruction lights, lighting control equipment,
and other components of basic airport lighting, including separate
transformer vaults and connection to the nearest available power source.
(i) The interconnection of two or more power sources on an airport
property, the providing of second sources of power, and the installing
of standby engine generators of reasonable capacity, are eligible under
the program.
(j) Economy approach lighting aids are eligible for inclusion in a
project at an airport that will not qualify within the next three years
for approach lighting aids installed by FAA under the Facilities and
Equipment Program if the economy approach lighting aids --
(1) Will correct a visual deficiency on one of the lighted runways of
the airport; or
(2) Will permit operations at an airport at lower minimums.
''Economy approach lighting aids'' includes a medium intensity
approach lighting system (MALS) that may include a sequence flasher
(SF); a runway end identifier lights system (REILS): and an
abbreviated visual approach slope indicator (AVASI).
(k) Appendix F of this part sets forth typical eligible and
ineligible items of airport lighted covered by 151.86 and this section.
(Secs. 307, 606, 72 Stat. 749, 799; 49 U.S.C. 1120, 1348, 1426)
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28,
1966; Amdt. 151-22, 33 FR 8267, June 4, 1968; Amdt. 151-24, 33 FR
12545, Sept. 5, 1968; Amdt. 151-35, 34 FR 13699, Aug. 27, 1969)
14 CFR 151.89 Roads.
(a) Federal-aid Airport Program funds may not be used to resolve
highway problems. Only those airport entrance roads that are definitely
needed and are intended only as a way in and out of the airport are
eligible.
(b) The construction, alteration, and repair of airport roads and
streets that are entirely within the airport boundaries are eligible
under the program, if needed for operating and maintaining the airport.
In the case of an entrance road, a strip right-of-way joining the main
body of the airport to the nearest public road may be considered a part
of the normal boundary of the airport if --
(1) Adequate title is obtained;
(2) It was acquired to provide an airport entrance road and was not,
before the existence of the airport, a public thoroughfare;
(3) The entrance road is intended only as a way in and out of the
airport; and
(4) The entrance road extends only to the nearest public highway,
road, or street.
(c) An entrance road may be joined to an existing highway or street
with a normal fillet connection. However, acceleration-deceleration
strips or grade separations are not eligible.
(d) Offsite road or street relocation needed to allow airport
development or to remove an obstruction, and is not for entrance road
purposes, is eligible.
(e) Appendix G sets forth typical eligible and ineligible items of
road construction covered by this section.
14 CFR 151.91 Removal of obstructions.
(a) The removal or relocation, or both, of obstructions, as defined
in Technical Standard Order N18 is eligible under the Program in cases
where definite arrangements are made to prevent the obstruction from
being recreated. In a case where removal is not feasible, the cost of
marking or lighting it is eligible. The removal and relocation of
structures necessary for essential airport development is eligible. The
removal of structures that are not obstructions under 77.23 of this
chapter as applied to 77.27 of this chapter are eligible when they are
located within a runway clear zone.
(b) The removal and relocation of an airport hangar that is an
airport hazard (as described in 151.39(b)) is eligible, if the
reerected hangar will be substantially identical to the disassembled
one.
(c) Whenever a hangar must be relocated (either for clearance of the
site for other airport development or to remove a hazard) and the
existing structure is to be relocated with or without disassembly, the
cost of the relocation is an eligible item of project costs, including
costs incidental to the relocation such as necessary footings and
floors. However, if the existing structure is to be demolished and a
new hangar is to be built, only the cost of demolishing the existing
hangar is an eligible item.
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-22, 33 FR 8267, June 4, 1968)
14 CFR 151.93 Buildings; utilities; sidewalks; parking areas; and
landscaping.
(a) Only buildings or parts of buildings intended to house facilities
or activities directly related to the safety of persons at the airport,
including fire and rescue equipment buildings, are eligible items under
the Federal-aid Airport Program. To the extent they are necessary to
house snow removal and abrasive spreading equipment, and to provide
minimum protection for abrasive materials, field maintenance equipment
buildings are eligible items in any airport development project for an
airport in a location having a mean daily minimum temperature of zero
degrees Fahrenheit, or less, for at least 20 days each year for the 5
years preceding the year when Federal aid is requested under 151.21(a),
based on the statistics of the U.S. Department of Commerce Weather
Bureau if available, or other evidence satisfactory to the
Administrator.
(b) Airport utility construction, installation, and connection are
eligible under the Federal-aid Airport Program as follows:
(1) An airport utility serving only eligible areas and facilities is
eligible; and
(2) An airport utility serving both eligible and ineligible airport
areas and facilities is eligible only to the extent of the additional
cost of providing the capacity needed for eligible areas and facilities
over and above the capacity necessary for the ineligible areas and
facilities.
However, a water system is eligible only to the extent necessary to
provide fire protection for aircraft operations, and to provide water
for a fire and rescue equipment building.
(c) No part of the constructing, altering, or repairing (including
grading, drainage, and other site preparation work) of a facility or
area that is to be used as a public parking facility for passenger
automobiles is eligible for inclusion in a project.
(d) Landscaping is not eligible for inclusion in a project. However,
the establishment of turf on graded areas and special treatment to
prevent slope erosion is eligible to the extent of the eligibility of
the facilities or areas served, preserved, or protected by the turf or
treatment. In the case of turfing or treatment for an area or facility
that is partly eligible and partly ineligible, the eligibility of the
turfing or treatment is established on a pro rata basis.
(e) The construction of sidewalks is not eligible for inclusion in a
project.
(Doc. No. 1329, 27 FR 12357, Dec. 13, 1962, as amended by Amdt.
151-17, 31 FR 16525, Dec. 28, 1966; Amdt. 151-26, 33 FR 18434, Dec.
12, 1968)
14 CFR 151.95 Fences; distance markers; navigational and landing
aids; and offsite work.
(a) Boundary or perimeter fences for security purposes are eligible
for inclusion in a project.
(b) A blast fence is eligible for inclusion in a project whenever --
(1) It is necessary for safety at a runway end or a holding area near
the end of a runway and its installation would be more economical than
the acquiring of additional property interests; or
(2) Its installation for safety at a turbojet-passenger gate will
result in less separation being needed for gate positions, thereby
reducing the need for apron expansion, and it is more economical to
build the fence than to expand the apron.
(c) The eligibility of runway distance markers for inclusion in a
project is decided on a case-by-case basis.
(d) The relocation of navigational aids is eligible for inclusion in
a proj- ect whenever necessitated by development on the airport under a
Program project and the sponsor is responsible under FAA Order OA 6030.1
(Agency Order 53).
(e) The installation of any of the following landing aids is eligible
for inclusion in a project:
(1) Segmented circle.
(2) Wind and landing direction indicators.
(3) Boundary markers.
(f) The initial marking of runway and taxiway systems is eligible for
inclusion in a project. The remarking of existing runways or taxiways
is eligible if --
(1) Present marking is obsolete under current FAA standards; or
(2) Present marking is obliterated by construction, alteration or
repair work included in a FAAP project or by the required routing of
construction equipment used therein.
However, apron marking that is not allied with runway and taxiway
marking systems, is not eligible.
(g) The following offsite work performed outside of the boundaries of
an airport or airport site is eligible for inclusion in a project:
(1) Removal of obstruction as provided in 151.91.
(2) Outfall drainage ditches, and the correction of any damage
resulting from their construction.
(3) Relocating of roads and utilities that are airport hazards as
defined in 151.39(b).
(4) Clearing, grading, and grubbing to allow installing of
navigational aids.
(5) Constructing and installing utilities.
(6) Lighting of obstructions.
(Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28,
1966)
14 CFR 151.97 Maintenance and repair.
(a) Maintenance work is not airport development as defined in the
Federal Airport Act and is not eligible for inclusion in the Program.
Therefore, it is necessary in many cases that a determination be made
whether particular proposed development is maintenance or repair. For
the purpose of these determinations, maintenance includes any regular or
recurring work necessary to preserve existing airport facilities in good
condition, any work involved in cleaning or caring for existing airport
facilities, and any incidental or minor repair work on existing airport
facilities, such as --
(1) Mowing and fertilizing of turfed areas;
(2) Trimming and replacing of land- scaping material;
(3) Cleaning of drainage systems including ditches, pipes, catch
basins, and replacing and restoring eroded areas, except when caused by
act of God or improper design;
(4) Painting of buildings (inside and outside) and replacement of
damaged items normally anticipated;
(5) Repairing and replacing burned out or broken fixtures and cables,
unless major reconstruction is needed;
(6) Paving repairs in localized areas, except where the size of the
work is such that it constitutes a major repair item or is part of a
reconstruction project; and
(7) Refilling joints and resealing surface of pavements.
(b) Repair includes any work not included in paragraph (a) of this
section that is necessary to restore existing airport facilities to good
condition or preserve them in good condition.
14 CFR 151.99 Modifications of programing standards.
The Director, Airports, Service, or the Regional Director concerned
may, on individual projects, when necessary for adaptation to meet local
conditions, modify any standard set forth in or incorporated into this
subpart, if he determines that the modification will provide an
acceptable level of safety, economy, durability, or workmanship.
(Amdt. 151-13, 31 FR 11605, Sept. 2, 1966)
14 CFR 151.99 Subpart D -- Rules and Procedures for Advance Planning
and Engineering Proposals
Authority: Secs. 1-15 and 17-21, 60 Stat. 170; sec. 308(a), 72
Stat. 750; 49 U.S.C. 1101-1114, 1116-1120, and 1349(a).
Source: Docket No. 6227, 30 FR 8040, June 23, 1965, unless
otherwise noted.
14 CFR 151.111 Advance planning proposals: General.
(a) Each advance planning and engineering proposal must relate to an
airport layout plan or plans and specifications for the development of a
new airport, or the further development of an existing airport. Each
proposal must relate to a specific airport, either existing or planned,
and may not be for general area planning.
(b) Each proposal for the development or further development of an
airport must have as its objective either the development of an airport
layout plan, under 151.5(a), or the development of plans designed to
lead to a project application, under 151.21(c) and 151.27, or both.
(c) Each proposal must relate to planning and engineering for an
airport that --
(1) Is in a location shown on the National Airport Plan; and
(2) Is not served by scheduled air carrier service and located in a
large or medium hub, as identified in the current edition of ''Airport
Activity Statistics of Certificated Route Air Carriers'' (published
jointly by FAA and the Civil Aeronautics Board), that is available for
inspection at any FAA Area or Regional Office, or for sale by the
Superintendent of Documents, Government Printing Office, Washington,
D.C. 20402.
(d) Each proposal must relate to future airport development projects
eligible under subparts B and C.
(49 U.S.C. 1115; sec. 308, 72 Stat. 750, 49 U.S.C. 1349)
(Doc. No. 6227, 30 FR 8040, June 23, 1965, as amended by Amdt.
151-24, 33 FR 12545, Sept. 5, 1968)
14 CFR 151.113 Advance planning proposals: Sponsor eligibility.
The sponsor of an advance planning and engineering proposal must be a
public agency, as defined in 151.37(a), and must be legally,
financially, and otherwise able to --
(a) Make the certifications, representations, and warranties required
in the advance planning proposal, FAA Form 3731;
(b) Enter into and perform the advance planning agreement;
(c) Provide enough funds to pay all estimated proposal costs not
borne by the United States; and
(d) Meet any other applicable requirements of the Federal Airport Act
and this subpart.
14 CFR 151.115 Advance planning proposals: Cosponsorship and agency.
Any two or more public agencies desiring to jointly participate in an
advance planning proposal may cosponsor it. The cosponsorship and
agency requirements and procedures set forth in 151.33, except
151.33(a)(1), also apply to advance planning proposals. In addition,
the sponsor eligibility requirements set forth in 151.113 must be met
by each participating public agency.
14 CFR 151.117 Advance planning proposals: Procedures; application.
(a) Each eligible sponsor desiring to obtain Federal aid for the
purpose of advance planning and engineering must submit a completed FAA
Form 3731, ''Advance Planning Proposal'', to the Area Manager.
(b) The airport layout plan, if in existence, must accompany the
advance planning proposal. If the advance planning proposal includes
preparation of plans and specifications, enough details to identify the
items of development to be covered by the plans and specifications must
be shown. The proposal must be accompanied by evidentiary material
establishing the basis for the estimated costs under the proposal, such
as an offer from an engineering firm containing a schedule of services
and charges therefor.
(Doc. No. 6227, 30 FR 8040, June 23, 1965 as amended by Amdt.
151-11, 31 FR 6686, May 5, 1966)
14 CFR 151.119 Advance planning proposals: Procedures; funding.
The funding information required by 151.23, except the last
sentence, also is required in connection with an advance planning
proposal. The sponsor's share of estimated proposal costs may not
consist of or include the value of donated labor, materials, or
equipment.
14 CFR 151.121 Procedures: Offer; sponsor assurances.
Each sponsor must adopt the following covenant implementing the
exclusive rights provisions of section 308(a) of the Federal Aviation
Act of 1958, that is incorporated by reference into Part I of the
Advance Planning Agreement:
The sponsor --
(a) Will not grant or permit any exclusive right forbidden by section
308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the
airport, or at any other airport now or hereafter owned or controlled by
it;
(b) Agrees that, in furtherance of the policy of the FAA under this
covenant, unless authorized by the Administrator, it will not, either
directly or indirectly, grant or permit any person, firm or corporation
the exclusive right at the airport, or at any other airport now or
hereafter owned or controlled by it, to conduct any aeronautical
activities, including, but not limited to, charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether
or not conducted in conjunction with other aeronautical activity, repair
and maintenance of aircraft, sale of aircraft parts, and any other
activities which because of their direct relationship to the operation
of aircraft can be regarded as an aeronautical activity;
(c) Agrees that it will terminate any existing exclusive right to
engage in the sale of gasoline or oil, or both, granted before July 17,
1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the
exclusive right; and
(d) Agrees that it will terminate any other exclusive right to
conduct any aeronautical activity now existing at such an airport before
the grant of any assistance under the Federal Airport Act.
(Amdt. 151-30, 34 FR 3656, Mar. 1, 1969 as amended by Amdt. 151-32,
34 FR 9617, June 19, 1969)
14 CFR 151.123 Procedures: Offer; amendment; acceptance; advance
planning agreement.
(a) The procedures and requirements of 151.29 also apply to approved
advance planning proposals. FAA's offer and the sponsor's acceptance
constitute an advance planning grant agreement between the sponsor and
the United States. The United States does not pay any of the advance
planning costs incurred before the advance planning grant agreement is
executed.
(b) No grant is made unless the sponsor intends to begin airport
development within three years after the date of sponsor's written
acceptance of a grant offer. The sponsor's intention must be evidenced
by an appropriate written statement in the proposal.
14 CFR 151.125 Allowable advance planning costs.
(a) The United States' share of the allowable costs of an advance
planning proposal is stated in the advance planning grant agreement, but
is not more than 50 percent of the total cost of the necessary and
reasonable planning and engineering services.
(b) The allowable advance planning costs consist of planning and
engineering expenses necessarily incurred in effecting the advance
planning proposal. Allowable cost items include --
(1) Location surveys, such as preliminary topographic and soil
exploration;
(2) Site evaluation;
(3) Preliminary engineering, such as stage construction outlines,
cost estimates, and cost/benefit evaluation reports;
(4) Contract drawings and specifications;
(5) Testing; and
(6) Incidental costs incurred to accomplish the proposal, that would
not have been incurred otherwise.
(c) To qualify as allowable, the advance planning costs paid or
incurred by the sponsor must be --
(1) Reasonably necessary and directly related to the planning or
engineering included in the proposal as approved by FAA;
(2) Reasonable in amount; and
(3) Verified by sufficient evidence.
14 CFR 151.127 Accounting and audit.
The requirements of 151.55 relating to accounting and audit of
project costs are also applicable to advance planning proposal costs.
However, the requirement of segregating and grouping costs applies only
to 151.55(a) (5) and (7) classifications.
14 CFR 151.129 Payments.
(a) The United States' share of advance planning costs is paid in two
installments unless the advance planning grant agreement provides
otherwise. Upon request by sponsor, the first payment may be made in an
amount not more than 50 percent of the maximum obligation of the United
States stipulated in the advance planning grant agreement upon
certification by sponsor that 50 percent or more of the proposed work
has been completed. The final payment is made upon the sponsor's
request after --
(1) The conditions of the advance planning grant agreement have been
met;
(2) Evidence of cost of each item has been submitted; and
(3) Audit of submitted evidence or audit of sponsor's records, if
considered desirable by FAA, has been made.
(b) When the advance planning proposal relates to the selection of an
airport site, the advance planning grant agreement provides that Federal
funds are paid to the sponsor only after the site is selected and the
Administrator is satisfied that the site selected for the airport is
reasonably consistent with existing plans of public agencies for
development of the area in which the site is located, and will
contribute to the accomplishment of the purposes of the Federal-aid
Airport Program.
14 CFR 151.131 Forms.
The forms used for the purpose of obtaining an advance planning and
engineering grant are as follows:
(a) Advance planning proposal, FAA Form 3731 -- (1) Part I. This
part of the form contains a request for the grant of Federal funds under
the Federal Airport Act for the purpose of aiding in financing a
proposal for the development of an airport layout plan or plans, or
both, designed to lead to a project application, with spaces provided
for inserting information needed for considering the request, including
the location of the airport, a description of the plan or plans to be
developed, and the estimate of planning and engineering costs.
(2) Part II. This part of the form includes the sponsor's
representation that it will comply with the provisions of part 15 of the
Federal Aviation Regulations (14 CFR part 15), and representations
concerning its legal authority to undertake the proposal, the
availability of funds for its share of the proposal costs, its intention
to initiate construction of a safe, useful and usable airport facility
shown on an airport layout plan developed under the proposal, or
initiate the construction of the item or items of airport development
shown on the plans developed under the proposal and designed to lead to
a project application, or both, within three years after the date of
acceptance of the offer. It also includes the sponsor's representation
as to the method of financing the intended construction, approval of
other agencies, defaults, possible disabilities, and a statement
concerning accept- ance to be executed by the sponsor and certified by
its attorney.
(b) Advance planning agreement, FAA Form 3732 -- (1) Part I. This
part of the form contains an offer by the United States to pay a
specified percentage not to exceed 50% of the allowable proposal costs,
as described therein, on specific terms relating to the carrying out of
the proposal, allowability of costs, payment of the United States' share
and sponsor's agreement to comply with the exclusive rights provision of
section 308(a) of the Federal Aviation Act of 1958.
(2) Part II. This part of the form contains the acceptance of the
offer by the sponsor, execution of the acceptance by the sponsor, and
the certification by the sponsor's attorney.
14 CFR 151.131 Pt. 151, App. A
14 CFR 151.131 Appendix A to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of land acquisition as covered by 151.73:
1. Land for:
(a) Initial acquisition for entire airport developments, including
building areas as delineated on the approved airport layout plan.
(b) Expansion of airport facilities.
(c) Clear zones at ends of eligible runways.
(d) Approach lights (land for ALS eligible for 75 percent
participation will be limited to an area 3200' x 400' for a Standard ALS
and to an area 1700' x 400' for a short ALS located symmetrically about
the runway centerline extended, beginning at the end of the runway).
(e) Approach protection.
(f) Airport utilities.
2. Easements for:
(a) Use of air space by aircraft.
(b) Storm-water run-off.
(c) Powerlines to serve offsite obstruction lights.
(d) Airport utilities.
3. Extinguishment of easements which interfere with airport
development.
1. Land required only for:
(a) Industrial and other non-airport purposes.
(Doc. No. 1329, 27 FR 12359, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR 16525, Dec. 28,
1966)
14 CFR 151.131 Pt. 151, App. B
14 CFR 151.131 Appendix B to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of site preparation as covered by 151.75 of this
chapter:
1. General site preparation:
(a) Clearing of site.
(b) Grubbing of site.
(c) Grading of site.
(d) Storm drainage of site.
2. Erosion control.
3. Grading to remove obstructions.
4. Grading for installing navigation aids on airport property.
5. Dredging of seaplane anchorages and channels.
1. Specific site preparation (not a part of an over-all site
preparation project) for:
(a) Hangars and other buildings ineligible under the Act.
(b) Public parking facilities for passenger automobiles.
(c) Industrial and other non-airport purposes.
(Doc. No. 1329, 27 FR 12359, Dec. 13, 1962)
14 CFR 151.131 Pt. 151, App. C
14 CFR 151.131 Appendix C to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of runway paving as covered by 151.77 of this chapter:
1. New runways for specified loadings.
2. Runway widening of extensions for specified loadings.
3. Reconstruction of existing runways for specified loadings.
4. Resurfacing runways for specified strength or for smoothness.
5. Runway grooving to improve skid resist- ance.
1. Maintenance-type work, including:
(a) Seal coats.
(b) Crack filling.
(c) Resealing joints.
(d) Runway patching.
(e) Isolated repair.
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
151-29, 34 FR 1634, Feb. 4, 1969)
14 CFR 151.131 Pt. 151, App. D
14 CFR 151.131 Appendix D to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of taxiway paving as covered by 151.81 of this
chapter:
1. Basic types of pavement listed as eligible under 151.77.
2. Taxiway providing access to ends and intermediate points of
eligible runways.
3. Bleed-off taxiways.
4. Bypass taxiways.
5. Run-up pads.
6. Primary taxiway systems providing access to hangar areas and other
building areas delineated on approved airport layout plan.
7. Secondary taxiways providing access to groups of individual
storage hangars and/or multiple-unit tee hangars.
1. Basic types of pavement listed as ineligible under 151.77.
2. Taxiways providing access to an area not offering aircraft storage
and/or service to the public.
3. Lead-ins to individual storage hangars.
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
151-8, 30 FR 8040, June 23, 1965)
14 CFR 151.131 Pt. 151, App. E
14 CFR 151.131 Appendix E to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of apron paving as covered by 151.83 of this chapter:
1. Basic types of pavement listed as eligible under 151.77.
2. Loading ramps.
3. Aprons available for public parking, storage, and service or a
combination of any of the three.
4. Aprons serving hangars used for public storage of aircraft or
service to the public, or both.
5. Aprons for cargo buildings used for public storage or service to
the public, or both.
1. Basic types of pavement listed as ineligible under 151.77.
2. Aprons serving installations for nonpublic use.
3. Paving inside a hangar or on the proposed site of a hangar.
4. Aprons for cargo buildings not under Item 5 of the ''Typical
Eligible Items''.
5. Apron services (pits or pipes for chemicals) will not be eligible.
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
151-17, 31 FR 16525, Dec. 28, 1966)
14 CFR 151.131 Pt. 151, App. F
14 CFR 151.131 Appendix F to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of airport lighting covered by 151.86 and 151.87 of
this chapter:
1. Runway edge lights (high intensity, medium intensity, and low
intensity).
2. In-runway lighting (touchdown zone lighting system, centerline
lighting system, and exit taxiway lighting system).
3. Taxiway lights.
4. Taxiway guidance signs.
5. Obstruction lights.
6. Apron floodlights.
7. Beacons.
8. Wind and landing direction indicators.
9. Electrical ducts and manholes.
10. Transformer or generator vaults.
11. Control panels for field lighting.
12. Control equipment for field lighting.
13. Auxiliary power.
14. Lighting offsite obstructions.
15. Electrical vaults for field lighting.
1. Electronic navigation aids.
2. Approach lights.
3. Horizon lights.
4. Isolated repair and reconstruction of airport lighting.
5. Lighting of public parking area for passenger automobiles.
6. Street or road lighting.
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
151-24, 33 FR 12545, Sept. 5, 1968; Amdt. 151-35, 34 FR 13699, Aug.
27, 1969)
14 CFR 151.131 Pt. 151, App. G
14 CFR 151.131 Appendix G to Part 151
There is set forth below an itemization of typical eligible and
ineligible items of road construction covered by 151.89 of this
chapter:
1. Entrance roads.
2. Service roads for access to public areas.
3. Service roads for airport maintenance (including perimeter airport
service road within airport boundary and not for general public access).
4. Relocation of roads to permit airport development or expansion or
to remove obstructions.
1. Offsite roads.
2. Roads to areas of exclusive use.
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962)
14 CFR 151.131 Pt. 151, App. H
14 CFR 151.131 Appendix H to Part 151
There is set forth below the contract provision required by the
regulations of the Secretary of Labor in part 5 of title 29 of the Code
of Federal Regulations. Section 151.49(a) requires sponsors to insert
this provision in full in each construction contract.
A. Minimum wages. (1) All mechanics and laborers employed or working
upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3)), the full amounts due at time of payment computed at wage
rates not less than those contained in the wage determination
decision(s) of the Secretary of Labor which is (are) attached hereto and
made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers and
mechanics; and the wage determination decision(s) shall be posted by
the contractor at the site of the work in a prominent place where it
(they) can be easily seen by the workers. For the purpose of this
paragraph, contributions made or costs reasonably anticipated under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of subparagraph (4) below. Also for the
purpose of this paragraph, regular contributions made or costs incurred
for more than a weekly period under plans, funds, or programs, but
covering the particular weekly period, are deemed to be constructively
made or incurred during such weekly period (29 CFR 5.5(a)(1)(i)).
(2) Any class of laborers or mechanics which is not listed in the
wage determination(s) and which is to be employed under the contract,
shall be classified or reclassified comformably to the wage
determination(s), and a report of the action taken shall be sent by the
(insert sponsor's name) to the FAA for approval and transmittal to the
Secretary of Labor. In the event that the interested parties cannot
agree on the proper classification or reclassification of a particular
class of laborers and mechanics to be used, the question accompanied by
the recommendation of the FAA shall be referred to the Secretary of
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
(3) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate and the contractor is obligated to pay
a cash equivalent of such a fringe benefit, an hourly cash equivalent
thereof shall be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the question,
accompanied by the recommendation of the FAA shall be referred to the
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
(4) If the contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
benefits under a plan or program of a type expressly listed in the wage
determination decision of the Secretary of Labor which is a part of this
contract: Provided, however, The Secretary of Labor has found, upon the
written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.
B. Withholding: FAA from sponsor. Pursuant to the terms of the
grant agreement between the United States and (insert sponsor's name),
relating to Federal-aid Airport Project No. ------ , and part 151 of
the Federal Aviation Regulations (14 CFR part 151), the FAA may withhold
or cause to be withheld from the (insert sponsor's name) so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics employed by the contractor or any subcontractor
on the work the full amount of wages required by this contract. In the
event of failure to pay any laborer or mechanic employed or working on
the site of the work all or part of the wages required by this contract,
the FAA may, after written notice to the (insert sponsor's name), take
such action as may be necessary to cause the suspension of any further
payment or advance of funds until such violations have ceased (29 CFR
5.5(a)(2)).
C. Payrolls and basic records. (1) Payrolls and basic records
relating thereto will be maintained during the course of the work and
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records will contain
the name and address of each such employee, his correct classification,
rates of pay (including rates of contributions or costs anticipated of
the types described in section 1(b)(2) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found, under 29 CFR
5.5(a)(1)(iv) (see subparagraph (4) of subparagraph (A) above), that the
wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor
shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such
benefits (29 CFR 5.5(a)(3)(i)).
(2) The contractor will submit weekly a copy of all payrolls to the
(insert sponsor's name) for transmission to the FAA, as required by
151.53(a). The copy shall be accompanied by a statement signed by the
employer or his agent indicating that the payrolls are correct and
complete, that the wage rates contained therein are not less than those
determined by the Secretary of Labor and that the classifications set
forth for each laborer or mechanic conform with the work he performed.
A submission of a ''Weekly Statement of Compliance'' which is required
under this contract and the Copeland regulations of the Secretary of
Labor (29 CFR part 3) and the filing with the initial payroll or any
subsequent payroll of a copy of any findings by the Secretary of Labor,
under 29 CFR 5.5(a)(1)(iv) (see subparagraph (4) of paragraph (A)
above), shall satisfy this requirement. The prime contractor shall be
responsible for the submission of copies of payrolls of all
subcontractors. The contractor will make the records required under the
labor standards clauses of the contract available for inspection by
authorized representatives of the FAA and the Department of Labor, and
will permit such representatives to interview employees during working
hours on the job (29 CFR 5.5(a)(3)(ii)).
D. Apprentices. Apprentices will be permitted to work as such only
when they are registered, individually, under a bona fide apprenticeship
program registered with a State apprenticeship agency which is
recognized by the Bureau of Apprenticeship and Training, United States
Department of Labor; or, if no such recognized agency exists in a
State, under a program registered with the Bureau of Apprenticeship and
Training, United States Department of Labor. The allowable ratio of
apprentices to journeymen in any craft classification shall not be
greater than the ratio permitted to the contractor as to his entire work
force under the registered program. Any employee listed on a payroll at
an apprentice wage rate, who is not registered as above, shall be paid
the wage rate determined by the Secretary of Labor for the
classification of work he actually performed. The contractor or
subcontractor will be required to furnish to the (insert sponsor's name)
written evidence of the registration of his program and apprentices as
well as of the appropriate ratios and wage rates, for the area of
construction prior to using any apprentices on the contract work (29 CFR
5.5(a)(4)).
E. Compliance with Copeland Regulations. The contractor shall comply
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
F. Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work
in excess of eight hours in any calendar day or in excess of forty hours
in such workweek unless such laborer or mechanic received compensation
at a rate not less than one and one-half times his basic rate of pay for
all hours worked in excess of eight hours in any calendar day or in
excess of forty hours in such workweek, as the case may be (29 CFR
5.5(c)(1)).
G. Violations; liability for unpaid wages; liquidated damages. In
the event of any violation of paragraph F of this provision, the
contractor and any subcontractor responsible therefore shall be liable
to any affected employee for his unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed, with
respect to each individual laborer or mechanic employed in violation of
said paragraph F of this provision, in the sum of $10 for each calendar
day on which such employee was required or permitted to work in excess
of eight hours or in excess of the standard workweek of forty hours
without payment of the overtime wages required by said paragraph F of
this provision (29 CFR 5.5 (c)(2)).
H. Withholding for unpaid wages and liquidated damages, and priority
of payment (1) The FAA may withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or
subcontractor, such sums as may administratively be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in paragraph G of
this provision (29 CFR 5.5(c)(3)).
(2) In the event of failure or refusal of the contractor or any
subcontractor to comply with overtime pay requirements of the Contract
Work Hours Standards Act, if the funds withheld by the FAA for the
violations are not sufficient to pay fully both the unpaid wages due
laborers and mechanics and the liquidated damages due the United States,
the available funds shall be used first to compensate the laborers and
mechanics for the wages to which they are entitled (or an equitable
portion thereof when the funds are not adequate for this purpose); and
the balance, if any, shall be used for the payment of liquidated damages
(29 CFR 5.14 (d)(2)).
I. Subcontracts. The contractor will insert in each of his
subcontracts the clauses contained in paragraphs A through H and J of
this provision, and also a clause requiring the subcontractors to
include these provisions in any lower tier subcontracts which they may
enter into, together with a clause requiring this insertion in any
further subcontracts that may in turn be made (29 CFR 5.5(a)(6),
5.5(c)(4)).
J. Contract termination; debarment. A breach of paragraphs A through
I of this provision may be grounds for termination of the contract. A
breach of paragraphs A through E and I may also be grounds for debarment
as provided in 29 CFR 5.6 of the regulations of the Secretary of Labor
(29 CFR 5.5(a)(8)).
(Doc. No. 6387, 29 FR 18002, Dec. 18, 1964, as amended by Amdt.
151-9, 30 FR 14197, Nov. 11, 1965; Amdt. 151-38, 35 FR 5112, Mar. 26,
1970)
14 CFR 151.131 Pt. 151, App. I
(Amdt. 151-13, 31 FR 11606, Sept. 2, 1966, as amended by Amdt.
151-15, 31 FR 13423, Oct. 18, 1966)
14 CFR 151.131 Pt. 152
14 CFR 151.131 PART 152 -- AIRPORT AID PROGRAM
14 CFR 151.131 Subpart A -- General
Sec.
152.1 Applicability.
152.3 Definitions.
152.5 Exemptions.
152.7 Certifications.
152.9 Forms.
152.11 Incorporation by reference.
14 CFR 151.131 Subpart B -- Eligibility Requirements and Application
Procedures
152.101 Applicability.
152.103 Sponsors: Airport development.
152.105 Sponsors and planning agencies: Airport planning.
152.107 Project eligibility: Airport development.
152.109 Project eligibility: Airport planning.
152.111 Application requirements: Airport development.
152.113 Application requirements: Airport planning.
152.115 Grant agreement: Offer, acceptance and amendment.
152.117 Public hearings.
152.119 Contract requirements and procurement standards.
14 CFR 151.131 Subpart C -- Funding of Approved Projects
152.201 Applicability.
152.203 Allowable project costs.
152.205 United States share of project costs.
152.207 Proceeds from disposition of land.
152.209 Grant payments: General.
152.211 Grant payments: Land acquisition.
152.213 Grant closeout requirements.
14 CFR 151.131 Subpart D -- Accounting and Reporting Requirements
152.301 Applicability.
152.303 Financial management system.
152.305 Accounting records.
152.307 Retention of records.
152.309 Availability of sponsor's records.
152.311 Availability of contractor's records.
152.313 Property management standards.
152.315 Reporting on accrual basis.
152.317 Report of Federal cash transactions.
152.319 Monitoring and reporting of program performance.
152.321 Notice of delay or acceleration.
152.323 Budget revision: Airport development.
152.325 Financial status report: Airport planning.
14 CFR 151.131 Subpart E -- Nondiscrimination in Airport Aid Program
152.401 Applicability.
152.403 Definitions.
152.405 Assurances.
152.407 Affirmative action plan: General.
152.409 Affirmative action plan standards.
152.411 Affirmative action steps.
152.413 Notice requirement.
152.415 Records and reports.
152.417 Monitoring employment.
152.419 Minority business.
152.421 Public accommodations, services, and benefits.
152.423 Investigation and enforcement.
14 CFR 151.131 Subpart F -- Suspension and Termination of Grants
152.501 Applicability.
152.503 Suspension of grant.
152.505 Termination for cause.
152.507 Termination for convenience.
152.509 Request for reconsideration.
14 CFR 151.131 Subpart G -- Energy Conservation in Airport Aid Program
152.601 Purpose.
152.603 Applicability.
152.605 Definitions.
152.607 Building design requirements.
152.609 Energy conservation practices.
Appendix A to Part 152 -- Contract and Labor Provisions
Appendix B to Part 152 -- List of Advisory Circulars Incorporated by
152.11
Appendix C to Part 152 -- Procurement Procedures and Requirements
Appendix D to Part 152 -- Assurances
Authority: Airport and Airway Development Act of 1970, as amended
(49 U.S.C. 1701 et seq.); sec. 1.47(f)(1) Regulations of the Office of
the Secretary of Transportation (49 CFR 1.47(f)(1)), unless otherwise
noted.
Source: Docket No. 19430, 45 FR 34784, May 22, 1980, unless
otherwise noted.
14 CFR 151.131 Subpart A -- General
14 CFR 152.1 Applicability.
This part applies to airport planning and development under the
Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701
et seq.).
14 CFR 152.3 Definitions.
The following are definitions of terms used throughout this part:
AADA means the Airport and Airway Development Act of 1970, as amended
(49 U.S.C. 1701 et seq.).
Air carrier airport means --
(1) An existing public airport regularly served, or a new public
airport that the Administrator determines will be regularly served, by
an air carrier, other than a charter air carrier, certificated by the
Civil Aeronautics Board under section 401 of the Federal Aviation Act of
1958; and
(2) A commuter service airport.
Airport means --
(1) Any area of land or water that is used, or intended for use, for
the landing and takeoff of aircraft;
(2) Any appurtenant areas that are used, or intended for use, for
airport buildings, other airport facilities, or rights-of-way; and
(3) All airport buildings and facilities located on the areas
specified in this definition.
Airport development means --
(1) Any work involved in constructing, improving, or repairing a
public airport or portion thereof, including the removal, lowering,
relocation, and marking and lighting or airport hazards, and including
navigation aids used by aircraft landing at, or taking off from, a
public airport, and including safety equipment required by rule or
regulation for certification of the airport under section 612 of the
Federal Aviation Act of 1958, and security equipment required of the
sponsor by the FAA by rule or regulation for the safety and security of
persons or property on the airport, and including snow removal
equipment, and including the purchase of noise suppressing equipment,
the construction of physical barriers, and landscaping for the purpose
of diminishing the effect of aircraft noise on any area adjacent to a
public airport.
(2) Any acquisition of land or of any interest therein, or of any
easement through or other interest in airspace, including land for
future airport development, which is necessary to permit any such work
or to remove or mitigate or prevent or limit the establishment of,
airport hazards; and
(3) Any acquisition of land or of any interest therein necessary to
insure that such land is used only for purposes which are compatible
with the noise levels of the operation of a public airport.
Airport hazard means any structure or object of natural growth
located on or in the vicinity of a public airport, or any use of land
near a public airport, that --
(1) Obstructs the airspace required for the flight of aircraft
landing or taking off at the airport; or
(2) Is otherwise hazardous to aircraft landing or taking off at the
airport.
Airport layout plan means a plan for the layout of an airport,
showing existing and proposed airport facilities.
Airport master planning means the development for planning purposes
of information and guidance to determine the extent, type, and nature of
development needed at a specific airport.
Airport system planning means the development for planning purposes
of information and guidance to determine the extent, type, nature,
location, and timing of airport development needed in a specific area to
establish a viable and balanced system of public airports.
Audit means the examination and verification of part or all of the
documentary evidence supporting an item of project cost in accordance
with Attachment P of Office of Management and Budget Circular A-102 (44
FR 60958).
Commuter service airport means an air carrier airport --
(1) That is not served by an air carrier certificated under section
401 of the Federal Aviation Act of 1958;
(2) That is regularly served by one or more air carriers operating
under an exemption granted by the Civil Aeronautics Board from section
401(a) of the Federal Aviation Act of 1958; and
(3) At which not less than 2,500 passengers were enplaned during the
preceding calendar year by air carriers operating under an exemption
from section 401(a).
Force account means --
(1) The sponsor's or planning agency's own labor force; or
(2) The labor force of another public agency acting as an agent of
the sponsor or planning agency.
General aviation airport means a public airport other than an air
carrier airport.
Landing area means an area used, or intended to be used, for the
landing, takeoff, or surface maneuvering of aircraft.
NASP means the National Airport System Plan.
National Airport System Plan means the plan for the development of
public airports in the United States formulated by the Administrator
under section 12 of the AADA.
Nonrevenue producing public-use areas means areas that are directly
related to the movement of passengers and baggage in air commerce within
the boundaries of the airport.
Passengers enplaned means --
(1) United States domestic, territorial, and international revenue
passenger enplanements in scheduled and nonscheduled service of air
carriers; and
(2) Revenue passenger enplanements by foreign air carriers in
intrastate and interstate commerce.
Planning agency means a planning agency designated by the
Administrator that is authorized by the laws of a State, the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the
Trust Territory of the Pacific Islands, or Guam, or by the laws of a
political subdivision of any of those entities, to engage in areawide
planning for the areas in which assistance under this part is to be
used.
Project means a project for the accomplishment of airport
development, airport master planning, or airport system planning.
Project costs means any costs involved in accomplishing a project.
Project formulation costs means, with respect to projects for airport
development, any necessary costs of formulating a project including --
(1) The costs of field surveys and the preparation of plans and
specifications;
(2) The acquisition of land or interests in land, or easement through
or other interests in airspace; and
(3) Any necessary administrative or other incidental costs incurred
by the sponsor specifically in connection with the accomplishment of a
project for airport development, that would not have been incurred
otherwise.
Public agency means --
(1) A state, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, the Trust Territory of the Pacific Islands, the
Government of the Northern Marianas, Guam, or any agency of those
entities;
(2) A municipality or other political subdivision;
(3) A tax-supported organization; or
(4) An Indian tribe or pueblo.
Public airport means any airport that --
(1) Is used, or intended to be used, for public purposes;
(2) Is under the control of a public agency; and
(3) Has a property interest satisfactory to the Administrator in the
landing area.
Reliever airport means a general aviation airport designated by the
Administrator as having the primary function of relieving congestion at
an air carrier airport by diverting from that airport general aviation
traffic.
Runway clear zone means an area at ground level underlying a portion
of the approach surface specified in the standards incorporated into
this part by 152.11.
Satisfactory property interest means --
(1) Title free and clear of any reversionary interest, lien,
easement, lease, or other encumbrance that, in the opinion of the
Administrator would --
(i) Create an undue risk that it might deprive the sponsor of
possession or control;
(ii) Interfere with the use of the airport for public airport
purposes; or
(iii) Make it impossible for the sponsor to carry out the agreements
and convenants in its grant application;
(2) Unless a shorter term is authorized by the Administrator, a lease
of not less than 20 years granted to the sponsor by another public
agency, or the United States, that has title as described in paragraph
(1) of this definition, on terms that the Administrator considers
satisfactory;
(3) In the case of an off-airport area, title or an agreement,
easement, leasehold or other right or property interest that, in the
Administrator's opinion, provides reasonable assurance that the sponsor
will not be deprived of its right to use the land for the intended
purpose during the period necessary to meet the requirements of the
grant agreement; or
(4) In the case of a runway clear zone, an easement or a covenant
running with the land, giving the airport operator or owner enough
control to rid the clear zone of all airport hazards and prevent the
creation of future airport hazards.
Sponsor means any public agency that, whether individually or jointly
with one or more other public agencies, submits to the Administrator, in
accordance with this part, an application for financial assistance.
Stage development means airport development accomplished under stage
construction over not less than two years where the sponsor assures that
any development not funded under the initial grant agreement will be
completed with or without Federal funds.
State means a State of the United States or the District of Columbia.
Terminal development means airport development in the nonrevenue
producing public-use areas which are associated with the terminal and
which are directly related to the movement of passengers and baggage in
air commerce within the boundaries of the airport, including, but not
limited to, vehicles for the movement of passengers between terminal
facilities and aircraft.
Unified Planning Work Program means a single document prepared by a
local areawide planning agency that identifies all transportation and
related planning activities that will be undertaken within the
metropolitan area during a one-year or two-year period.
14 CFR 152.5 Exemptions.
(a) Except as provided in paragraph (b) of this section, any
interested person may petition the Regional Director concerned for a
temporary or permanent exemption from any requirement of this part.
(b) The Regional Director concerned does not issue an exemption from
any rule of this part if the grant of exemption would be inconsistent
with a specific provision of, or the purpose of, the AADA, or any other
applicable Federal law.
(c) Each petition filed under this section must --
(1) Unless otherwise authorized by the Regional Director concerned,
be submitted not less than 60 days before the proposed effective date of
the exemption;
(2) Be submitted in duplicate to the FAA Regional Office or Airports
District Office having jurisdiction over the area in which the airport
is located;
(3) Contain the text or substance of the rule from which the
exemption is sought;
(4) Explain the nature and extent of the relief sought; and
(5) Contain any information, views, or arguments in support of the
exemption.
(d) The Regional Director concerned either grants or denies the
exemption and notifies the petitioner of the decision. The FAA
publishes a summary of the grant or denial of petition for exemption in
the Federal Register.
The summary includes --
(1) The docket number of the petition;
(2) The name of the petitioner;
(3) A citation of each rule from which relief is requested;
(4) A brief description of the general nature of the relief
requested; and
(5) The disposition of the petition.
(e) Official FAA records, including grants and denials of exemptions,
relating to petitions for exemption are maintained in current docket
form in the Office of the Regional Counsel for the region concerned.
(f) Any interested person may --
(1) Examine any docketed material at the Office of the Regional
Counsel, at any time after the docket is established, except material
that is ordered withheld from the public under section 1104 of the
Federal Aviation Act of 1958 (49 U.S.C. 1504); and
(2) Obtain a photostatic or similar copy of docketed material upon
paying the same fee as that prescribed in 49 CFR part 7.
14 CFR 152.7 Certifications.
(a) Subject to such terms and conditions as the Administrator may
prescribe, a sponsor or a planning agency may submit, with respect to
any provision of this part implementing a statutory or administrative
requirement imposed on the sponsor or planning agency under the AADA, a
certification that the sponsor or planning agency has complied or will
comply with the provision, instead of making the showing required.
(b) The Administrator exercises discretion in determining whether to
accept a certification.
(c) Acceptance by the Administrator of a certification from a sponsor
or planning agency may be rescinded by the Administrator at any time if,
in the Administrator's opinion, it is necessary to do so.
(d) If the Administrator determines that it is necessary, the sponsor
or planning agency, on request, shall show compliance with any
requirement for which a certification was accepted.
14 CFR 152.9 Forms.
Any form needed to comply with this part may be obtained at any FAA
Regional Office or Airports District Office.
14 CFR 152.11 Incorporation by reference.
(a) Mandatory standards. The advisory circulars listed in Appendix B
to this part are incorporated into this part by reference. The
Director, Office of Airport Standards, determines the scope and content
of the technical standards to be included in each advisory circular in
Appendix B, and may add to, or delete from, Appendix B any advisory
circular or part thereof. Except as provided in paragraph (c) of this
section, these guidelines are mandatory standards.
(b) Modification of standards. When necessary to meet local
conditions, any technical standard set forth in Appendix B may be
modified for individual projects, if it is determined that the
modifications will provide an acceptable level of safety, economy,
durability, and workmanship. The determination and modification may be
made by the Director, Office of Airport Standards, or the appropriate
Regional Director, in instances where the authority has not been
specifically reserved by the Director, Office of Airport Standards.
(c) State standards. Standards established by a state for airport
development at general aviation airports in the state may be the
standards applicable to those airports when they have been approved by
the Director, Office of Airport Standards, or the appropriate Regional
Director, in instances where approval authority has not been
specifically reserved by the Director, Office of Airport Standards.
(d) Availability of advisory circulars. The advisory circulars
listed in Appendix B may be inspected and copied at any FAA Regional
Office or Airports District Office. Copies of the circulars that are
available free of charge may be obtained from any of those offices or
from the FAA Distribution Unit, M-443.1, Washington, D.C. 20590. Copies
of the circulars that are for sale may be bought from the Superintendent
of Documents, U.S. Government Printing Office, Washington, D.C. 20402.
14 CFR 152.11 Subpart B -- Eligibility Requirements and Application
Procedures
Source: Docket No. 19430, 45 FR 34786, May 22, 1980, unless
otherwise noted.
14 CFR 152.101 Applicability.
This subpart contains requirements and application procedures
applicable to airport development and planning projects.
14 CFR 152.103 Sponsors: Airport development.
(a) To be eligible to apply for a project for airport development
with respect to a particular airport the following requirements must be
met:
(1) Each sponsor must be a public agency authorized by law to submit
the project application;
(2) If a sponsor is the holder of an airport operating certificate
issued for the airport under part 139 of this chapter, it must be in
compliance with the requirements of part 139.
(3) When any of the the following agreements is applicable to an
airport which the sponsor owns or controls, the sponsor must have
complied with the agreement, or show to the satisfaction of the
Administrator that it will comply or, for reasons beyond its control,
cannot comply with the agreement:
(i) Each grant agreement made with it under the Federal Airport Act
(49 U.S.C. 1101 et seq.), or the AADA.
(ii) Each convenant in a conveyance to it under section 16 of the
Federal Airport Act or section 23 of the AADA.
(iii) Each convenant in a conveyance to it of surplus airport
property under section 13(a) of the Surplus Property Act (50 U.S.C. App
1622(g)) or under Regulation 16 of the War Assets Administration.
(4) The sponsor, in the case of a single sponsor, or one or more of
the cosponsors must have, or be able to obtain --
(i) Funds to pay all estimated costs of the project that are not to
be born by the United States; and
(ii) Satisfactory property interests in the lands to be developed or
used as part of, or in connection with, the airport as it will be after
the project is completed.
(b) Another public agency may act as agent of the public agency that
is to own and operate the airport, for the purpose of channeling grant
funds in accordance with state or local law, without becoming a sponsor.
14 CFR 152.105 Sponsors and planning agencies: Airport planning.
(a) To be eligible to apply for a project for airport planning --
(1) If the project is for airport master planning --
(i) Each sponsor must be a public agency and meet the requirements of
152.103(a)(3); and
(ii) The sponsor, in the case of a single sponsor, or one or more
cosponsors must be legally able to implement the planning, within the
existing or proposed airport boundaries, that results from the project
study.
(2) If the project is for airport system planning, each sponsor must
be a planning agency.
(b) Another public agency or planning agency may act as agent of
another public agency or planning agency, for the purpose of channeling
grant funds in accordance with state or local law, without becoming a
sponsor.
14 CFR 152.107 Project eligibility: Airport development.
(a) Except in the case of approved stage development, each project
for airport development must provide for --
(1) Development of an airport or unit of an airport that is safe,
useful, and usable; or,
(2) An additional facility that increases the safety, usefulness, and
usability of an airport.
(b) Unless otherwise authorized by the Administrator, a project for
airport development must involve more than $25,000 in United States
funds.
(c) The development included in a project for airport development
must --
(1) In the opinion of the Administrator, be ''airport development''
as defined in 152.3;
(2) Be identified as airport development in the mandatory standards
incorporated into this part by 152.11; and
(3) Be described in an approved airport layout plan.
(d) The airport involved in a project for airport development must be
included in the current NASP.
(e) In complying with paragraph (a) of this section, the sponsor must
--
(1) Own, acquire, or agree to acquire control over, or a property
interest in, runway clear zones that the Administrator considers
adequate; and
(2) Provide for approach and runway lighting systems satisfactory to
the Administrator.
14 CFR 152.109 Project eligibility: Airport planning.
(a) Airport master planning. A proposed project for airport master
planning is not approved unless --
(1) The location of the existing or proposed airport is included in
the current NASP;
(2) In the opinion of the Administrator, the proposed planning would
promote the effective location of public airports and the development of
an adequate NASP;
(3) The project is airport master planning as defined in 152.3;
(4) If the project has been determined to have areawide significance
by an appropriate areawide agency, it has been incorporated into a
unified planning work program; and
(5) In the case of a proposed project for airport master planning in
a large or medium air traffic hub, in the opinion of the Administrator
--
(i) There is an appropriate system plan identifying the need for the
airport;
(ii) The absence of a system plan is due to the failure of the
responsible planning agency to proceed with its preparation; or
(iii) An existing system plan is not acceptable.
(b) Airport system planning. A proposed project for airport system
planning is not approved unless --
(1) In the opinion of the Administrator, the project promotes the
effective location of public airports;
(2) In the opinion of the Administrator, the project promotes the
development of an adequate NASP;
(3) The project is airport system planning as defined in 152.3; and
(4) When the project encompasses a metropolitan area that includes a
large or medium hub airport, the project is incorporated in a unified
planning work program.
14 CFR 152.111 Application requirements: Airport development.
(a) An eligible sponsor that desires to obtain Federal aid for
eligible airport development must apply to the FAA in accordance with
this section. The sponsor must apply on a form and in a manner
prescribed by the Administrator, through the FAA Airports District
Office or Airports Field Office having jurisdiction over the area where
the sponsor is located or, where there is no such office, the Regional
Office having that jurisdiction.
(b) Preapplication for Federal assistance. A preapplication for
Federal assistance must be submitted unless --
(1) The Federal fund request is for $100,000 or less; or,
(2) The project does not include construction, land acquisition, or
land improvement.
(c) Unless otherwise authorized by the Administrator, the
preapplication required by paragraph (b) of this section must be
accompanied by the following:
(1) A list of the items of airport development requested for
programming, together with an itemized estimated cost of the work
involved.
(2) A sketch or sketches of the airport layout indicating the
location for each item of work proposed, using the same item numbers
used in the list required by paragraph (c)(1) of this section.
(3) If the proposed project involves the displacement of persons or
the acquisition of real property, the assurances required by 25.57 and
25.59, as applicable, of the Regulations of the Office of the Secretary
of Transportation (49 CFR 25.57 and 25.59), whether or not reimbursement
is being requested for the costs of displacement or real property
acquisition.
(4) Any comments or statements required by Appendix E, Procedures
Implementing Office of Management and Budget Circular A-95, to this
part, with a showing that they have been considered by the sponsor.
(5) If the proposed development involves the construction of eligible
airport buildings or the acquisition of eligible fixed equipment to be
contained in those buildings, a statement whether the proposed
development will be in an area of the community that has been identified
by the Department of Housing and Urban Development as an area of special
flood hazard as defined in the Flood Disaster Protection Act of 1973 (42
U.S.C. 4002 et seq.).
(6) If the proposed development is in an area of special flood
hazard, a statement whether the community is participating in the
National Flood Insurance Program (42 U.S.C. 4011 et seq.).
(7) The sponsor's environmental assessment prepared in conformance
with Appendix 6 of FAA Order 1050.1C, ''Policies and Procedures for
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and
FAA Order 5050.4, ''Airport Environmental Handbook'' (45 FR 56624; Aug.
24, 1980), if an assessment is required by Order 5050.4. Copies of these
orders may be examined in the Rules Docket, Office of the Chief Counsel,
FAA, Washington, D.C., and may be obtained on request at any FAA
regional office headquarters or any airports district office.
(8) A showing that the sponsor has complied with the public hearing
requirements in 152.117.
(9) In the case of a proposed new airport serving any area that does
not include a metropolitan area, a showing that each community in which
the proposed airport is to be located has approved the proposed airport
site through the body having general legislative jurisdiction over it.
(10) In the case of a proposed project at an air carrier airport, a
statement that the sponsor, in making the decision to undertake the
project, has consulted with air carriers using the airport.
(11) In the case of a proposed project at a general aviation airport,
a statement that the sponsor, in making the decision to undertake the
project, has consulted with fixed-base operators using the airport.
(12) In the case of terminal development, a certification that the
airport has, or will have, all safety and security equipment required
for certification of the airport under part 139 and has provided, or
will provide, for access to the passenger enplaning and deplaning area
to passengers enplaning or deplaning from aircraft other than air
carrier aircraft.
(d) Allocation of funds. If the proposed project for airport
development is selected by the Administrator for inclusion in a program,
a tentative allocation of funds is made for the project and the sponsor
is notified of the allocation. The tentative allocation may be
withdrawn if the sponsor does not submit a project application in
accordance with paragraph (f) of this section.
(e) Application for Federal assistance. As soon as practicable after
receiving notice of a tentative allocation or, if a preapplication is
not required (as provided in paragraph (b) of this section), an
application for Federal assistance must be submitted.
(f) Unless otherwise authorized by the Administrator, the application
required by paragraph (e) of this section must be accompanied by the
following:
(1) When a preapplication has not been previously submitted, the
information required by paragraph (c) of this section.
(2) A property map of the airport showing --
(i) The property interests of each sponsor in all the lands to be
developed or used as part of, or in connection with, the airport as it
will be when the project is completed; and
(ii) All property interests acquired or to be acquired, for which
U.S. aid is requested under the project.
(3) With respect to all lands to be developed or used as a part of,
or in connection with, the airport (as it will be when the project is
completed) in which a satisfactory property interest is not held by a
sponsor, a covenant by the sponsor that it will obtain a satisfactory
property interest before construction is begun or within a reasonable
time if not needed for construction.
(4) If the proposed project involves the displacement of persons, the
relocation plan required by 25.55 of the Regulations of the Office of
the Secretary of Transportation.
(5) When the project involves an airport location, a runway location,
or a major runway extension, a written certification from the Governor
of the state in which the project may be located (or a delegatee),
providing reasonable assurance that the project will be located,
designed, constructed, and operated so as to comply with applicable air
and water quality standards.
(6) A statement whether any building, installation, structure,
location, or site of operations to be utilized in the performance of the
grant or any contract made pursuant to the grant appears on the list of
violating facilities distributed by the Environmental Protection Agency
under the provisions of the Clean Air Act and Federal Water Pollution
Control Act (40 CFR part 15).
(7) The assurances on Civil Rights required by 21.7 of the
Regulations of the Office of the Secretary of Transportation (49 CFR
21.7) and 152.405.
(8) Plans and specifications for the proposed development in
accordance with the design and construction standards listed in Appendix
B to this part.
(9) The applicable assurances required by Appendix D to this part.
(10) If cosponsors are not willing to assume, jointly and severally,
the obligations imposed on them by this part and the grant agreement, a
statement satisfactory to the Administrator indicating --
(i) The responsibilities of each sponsor with respect to the
accomplishment of the proposed project and the operation and maintenance
of the airport;
(ii) The obligations each will assume to the United States; and
(iii) The name of the sponsor or sponsors who will accept, receipt
for, and disburse grant payments.
(g) Additional documentation. The Administrator may request
additional documentation as needed to support specific items of
development or to comply with other Federal and local requirements as
they pertain to the requested development.
(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of
Transportation Act (49 U.S.C. 1655(c)); Airport and Airway Development
Act of 1970, as amended (49 U.S.C. 1701 et seq.); sec. 1.47(f)(1),
Regulations of the Office of the Secretary of Transportation (49 CFR
1.47(1)); OMB Circular A-95, Revised (41 FR 2052; Jan. 13, 1976))
(Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt.
152-11, 45 FR 56622, Aug. 25, 1980; 45 FR 58107, Sept. 2, 1980; Amdt.
152-13, 46 FR 30809, June 11, 1981)
14 CFR 152.113 Application requirements: Airport planning.
(a) Application for Federal assistance. An eligible sponsor or
planning agency that desires to obtain Federal aid for eligible airport
master planning or airport system planning must submit an application
for Federal assistance, on a form and in a manner prescribed by the
Administrator, to the appropriate FAA Airports District Office or
Airports Field Office having jurisdiction over the area where the
sponsor or planning agency is located or, where there is no such office,
the Regional Office having that jurisdiction.
(b) Unless otherwise authorized by the Administrator, the application
required by paragraph (a) of this section must be accompanied by the
following:
(1) Any comments or statements required by Appendix E, Procedures
Implementing Office of Management and Budget Circular A-95, to this
part.
(2) Budget (project costs) information subdivided into the following
functions, as appropriate, and the basis for computation of these costs:
(i) Third party contracts.
(ii) Sponsor force account costs.
(iii) Administrative costs.
(3) A program narrative describing the proposed planning project
including --
(i) The objective;
(ii) The results and benefits expected;
(iii) A Work Statement including --
(A) A detailed description of each work element;
(B) A list of each organization, consultant, and key individual who
will work on the planning project, and the nature of the contribution of
each; and
(C) A proposed schedule of work accomplishment; and
(iv) The geographic location of the airport or the boundaries of the
planning area.
(4) If the sponsor proposes to accomplish the project with its own
forces or those of another public or planning agency --
(i) An assurance that adequate, competent personnel are available to
satisfactorily accomplish the proposed planning project, and
(ii) A description of the qualifications of the key personnel.
(5) If cosponsors are not willing to assume, jointly, and severally,
the obligations imposed on them by this part and the grant agreement, a
statement satisfactory to the Administrator indicating --
(i) The responsibilities of each sponsor with respect to the
accomplishment of the proposed project;
(ii) The obligations each will assume to the United States; and
(iii) The name of the sponsor or sponsors who will accept, receipt
for, and disburse grant payments.
(6) The assurances on Civil Rights required by 21.7 of the
Regulations of the Office of the Secretary of Transportation (49 CFR
21.7).
(7) The applicable assurances required by Appendix D of this part.
(c) Additional documentation. The Administrator may request
additional documentation as needed to support a master plan or system
plan, or to comply with other Federal and local requirements as they
pertain to the requested plan.
(Secs. 303, 307, 308, 312, and 313, Federal Aviation Act of 1958 (49
U.S.C. 1344, 1348, 1349, 1353, and 1354); sec. 6(c), Dept. of
Transportation Act (49 U.S.C. 1655(c)); Airport and Airway Development
Act of 1970, as amended (49 U.S.C. 1701 et seq.); sec. 1.47(f)(1),
Regulations of the Office of the Secretary of Transportation (49 CFR
1.47(1)); OMB Circular A-95, Revised (41 FR 2052; Jan. 13, 1976))
(Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt.
152-13, 46 FR 30809, June 11, 1981)
14 CFR 152.115 Grant agreement: Offer, acceptance, and amendment.
(a) Offer. Upon approving a project for airport development, airport
master planning, or airport system planning, the Administrator issues a
written offer that sets forth the terms, limitations, and requirements
of the proposed agreement.
(b) Acceptance. The acceptance of an offer or an amendment to a
grant agreement must be in writing. The sponsor's or planning agency's
attorney must certify that the acceptance complies with all applicable
law, and constitutes a legal and binding obligation of the sponsor or
planning agency.
(c) Amendment: Airport development grants. The maximum obligation
of the United States under a grant agreement for an airport development
project may be increased by an amendment if --
(1) Except as otherwise provided by the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, the maximum
obligation of the United States is not increased by more than 10
percent;
(2) Funds are available for the increase;
(3) The sponsor shows that the increase is justified; and
(4) The change does not prejudice the interest of the United States.
(d) Reduction of U.S. Share: Airport development grants. When
project work for which costs have been incurred is deleted from a grant
agreement, the Administrator reduces the maximum obligation of the
United States proportionately, based on the cost or value of the deleted
work as shown on the project application.
(e) Amendment: Airport planning. A grant agreement for airport
planning may be changed if --
(1) The change does not increase the maximum obligation of the United
States under the grant agreement; and
(2) The change does not prejudice the interest of the United States.
14 CFR 152.117 Public hearings.
(a) Before submitting a preapplication for Federal assistance for an
airport development project involving the location of an airport, an
airport runway, or a runway extension, the sponsor must give notice of
opportunity for a public hearing, in accordance with paragraph (b) of
this section, for the purpose of --
(1) Considering the economic, social, and environmental effects of
the location of the airport, the airport runway, or the runway
extension; and
(2) Determining the consistency of the location with the goals and
objectives of any urban planning that has been carried out by the
community.
(b) The notice of opportunity for public hearing must --
(1) Include a concise statement of the proposed development;
(2) Be published in a newspaper of general circulation in the
communities in or near which the project may be located;
(3) Provide a minimum of 30 days from the date of the notice for
submission of requests for a hearing by persons having an interest in
the economic, social, or environmental effects of the project; and
(4) State that a copy is available of the sponsor's environmental
assessment, if one is required by Appendix 6 of FAA Order 1050.1C,
''Policies and Procedures for Considering Environmental Impacts'' (45 FR
2244; Jan. 10, 1980), and FAA Order 5050.4, ''Airport Environmental
Handbook'' (45 FR 56624; Aug. 25, 1980), and will remain available, at
the sponsor's place of business for examination by the public for a
minimum of 30 days, beginning with the date of the notice, before any
hearing held under the notice.
(c) A public hearing must be provided if requested. If a public
hearing is to be held, the sponsor must publish a notice of that fact,
in the same newspaper in which the notice of opportunity for a hearing
was published.
(d) The notice required by paragraph (c) of this section must --
(1) Be published not less than 15 days before the date set for the
hearing;
(2) Specify the date, time, and place of the hearings;
(3) Contain a concise description of the proposed project; and
(4) Indicate where and at what time more detailed information may be
obtained.
(e) If a public hearing is held, the sponsor must --
(1) Provide the Administrator a summary of the issues raised, the
alternatives considered, the conclusion reached, and the reasons for
that conclusion; and
(2) If requested by the Administrator before the hearing, prepare a
verbatim transcript of the hearing for submission to the Administrator.
(f) If a hearing is not held the sponsor must submit with its
preapplication a certification that notice of opportunity for a hearing
has been provided in accordance with this section and that no request
for a public hearing has been received.
(Doc. No. 19430, 45 FR 34784, May 22, 1980, as amended by Amdt.
152-11, 45 FR 56622, Aug. 25, 1980)
14 CFR 152.119 Contract requirements and procurement standards.
To the extent applicable, all grant agreements, contracts, and
subcontracts involving airport development projects or airport planning
must be in accordance with the contract requirements in Appendices A and
C, as applicable, and the procurement standards in Attachment O of
Office of Management and Budget Circular A-102 (42 FR 45828).
14 CFR 152.119 Subpart C -- Funding of Approved Projects
Source: Docket No. 19430, 45 FR 34789, May 22, 1980, unless
otherwise noted.
14 CFR 152.201 Applicability.
This subpart contains the requirements for funding projects for
airport development, airport master planning, and airport system
planning.
14 CFR 152.203 Allowable project costs.
(a) Airport development. To be an allowable project cost, for the
purposes of computing the amount of an airport development grant, an
item that is paid or incurred must, in the opinion of the Administrator
--
(1) Have been necessary to accomplish airport development in
conformity with --
(i) The approved plans and specifications for an approved project;
and
(ii) The terms of the grant agreement for the project;
(2) Be reasonable in amount (subject to partial disallowance to the
extent the Administrator determines it is unreasonable);
(3) Have been incurred after the date the grant agreement was
executed, except that project formulation costs may be allowed even
though they were incurred before that date;
(4) Be supported by satisfactory evidence;
(5) Have not been included in an airport planning grant; and
(6) Be a cost determined in accordance with the cost principles for
State and local governments in Federal Management Circular 74-4 (39 FR
27133; 43 FR 50977).
(b) Airport Planning. To be an allowable project cost, for the
purposes of computing the amount of an airport planning grant, an item
that is paid or incurred must, in the opinion of the Administrator --
(1) Have been necessary to accomplish airport planning in comformity
with an approved project and the terms of the grant agreement for the
project;
(2) Be reasonable in amount;
(3) Have been incurred after the date the grant agreement was entered
into, except for substantiated and reasonable costs incurred in
designing the study effort;
(4) Be supported by satisfactory evidence; and
(5) Be figured in accordance with Federal Management Circular 74-4
(39 FR 27133; 43 FR 50977).
14 CFR 152.205 United States share of project costs.
(a) Airport development. Except as provided in paragraphs (b) and
(c) of this section, the following is the United States share of the
allowable cost of an airport development project approved for the
specified year:
(1) 90 percent in the case of grants made from funds for fiscal years
1976, 1977, and 1978, and grants from funds for fiscal year 1980 made
after February 17, 1980, for --
(i) Each air carrier airport, other than a commuter service airport,
which enplanes less than one quarter of one percent of the total annual
passengers enplaned as determined for purposes of making the latest
annual apportionment under section 15(a)(3) of the AADA;
(ii) Each commuter service airport; and
(iii) Each general aviation or reliever airport.
(2) 80 percent in the case of grants made from funds for fiscal year
1979 and grants from funds for fiscal year 1980 made before February 18,
1980, for the airports specified in paragraph (a)(1) of this section.
(3) 75 percent in the case of grants made from funds for fiscal years
1976 through 1980 for airports other than those specified in paragraph
(a)(1) of this section.
(b) In a State in which the unappropriated and unreserved public
lands and nontaxable Indian lands, both individual and tribal, are more
than five percent of the total land in that State, the United States'
share under paragraph (a) of this section --
(1) Except as provided in paragraph (b)(2) of this section, shall be
increased by the smaller of --
(i) 25 percent; or
(ii) A percentage (rounded to the nearest one-tenth of a percent)
equal to one-half of the percentage which the area of those lands is of
the total land area of the state; and
(2) May not exceed the greater of --
(i) The percentage share determined under paragraph (a) of this
section; or
(ii) The percentage share applying on June 30, 1975, as determined
under paragraph (b)(1) of this section.
(c) In the case of terminal development, the United States share
shall be 50 percent.
(d) Airport planning. The United States share of the allowable
project costs of an airport planning project shall be --
(1) In the case of an airport master plan, that percent for which a
project for airport development at that airport would be eligible;
(2) In the case of an airport system plan, 75 percent.
14 CFR 152.207 Proceeds from disposition of land.
Unless otherwise authorized by the Administrator, when a release has
been granted authorizing the sponsor to dispose of land acquired with
assistance under part 151 of this chapter or this part, or through
conveyances under the Surplus Property Act, the proceeds realized from
the disposal may not be used as matching funds for any airport
development project or airport planning grant, but may be used for any
other airport purpose.
14 CFR 152.209 Grant payments: General.
(a) An application for a grant payment is made on a form and in a
manner prescribed by the Administrator, and must be accompanied by any
supporting information, that the FAA needs to determine the allowability
of any costs for which payment is requested.
(b) Methods of payment. Grant payments to sponsors and planning
agencies will be made by --
(1) Letter of credit;
(2) Advance by Treasury check; or
(3) Reimbursement by Treasury checks.
(c) Letter of credit funding. Letter of credit funding may not be
used unless --
(1) There is or will be a continuing relationship between a sponsor
or planning agency and the FAA for at least a 12-month period and the
total amount of advances to be received within that period is $120,000
or more;
(2) The sponsor or planning agency has established or demonstrated to
the FAA the willingness and ability to establish procedures that will
minimize the time elapsing between the transfer of funds and their
disbursement by the grantee; and
(3) The sponsor's or planning agency's financial management system
meets the standards for fund control and accountability prescribed in
Attachment G of Office of Management and Budget Circular A-102 (42 FR
45828).
(d) Advance by Treasury check. Advance of funds by Treasury check
may be made subject to the following conditions --
(1) The sponsor or planning agency meets the requirements of
paragraphs (c) (2) and (3) of this section;
(2) The timing and amount of cash advances are as close as
administratively feasible to actual disbursements by the sponsor or
planning agency; and
(3) Except as provided in paragraph (e) of this section, in the case
of an airport development project, advance payments do not exceed the
estimated project costs of the airport development expected to be
accomplished within 30 days after the date of the sponsor's application
for the advance payment.
(e) No advance payment for airport development projects may be made
in an amount that would bring the aggregate amount of all partial
payments to more than the lower of the following:
(i) 90 percent of the estimated United States' share of the total
estimated cost of all airport development included in the project, but
not including contingency items; or
(ii) 90 percent of the maximum obligation of the United States as
stated in the grant agreement.
(f) Reimbursement by Treasury check. Reimbursement by Treasury check
will be made if the sponsor or planning agency does not meet the
requirements of paragraphs (c) (2) and (3) of this section.
(g) Withholding of payments. Payment to the sponsor or planning
agency may be withheld at any time during the grant period under the
following circumstances:
(1) The sponsor or planning agency has failed to comply with the
program objectives, grant award conditions, or Federal reporting
requirements.
(2) The sponsor or planning agency is indebted to the United States
and collection of the indebtedness will not impair accomplishment of the
objectives of any grant program sponsored by the United States.
(3) The sponsor or planning agency has withheld payment to a
contractor to assure satisfactory completion of work. Payment will be
made to the sponsor or planning agency when it has made final payment to
the contractor, including the amounts withheld.
(h) Labor violations. If a contractor or a subcontractor fails or
refuses to comply with the labor provisions of a contract under a grant
agreement for an airport development project, further grant payments to
the sponsor are suspended until --
(1) The violations are corrected;
(2) The Administrator determines the allowability of the project
costs to which the violations relate; or
(3) If the violations consist of underpayments to labor, the sponsor
furnishes satisfactory assurances to the FAA that restitution has been
or will be made to the affected employees.
(i) Excess payments. Upon determination of the allowability of all
project costs of a project, if it is found that the total of grant
payments to the sponsor or planning agency was more than the total
United States share of the allowable costs of the project, the sponsor
or planning agency shall promptly return the excess to FAA.
14 CFR 152.211 Grant payments: Land acquisition.
If an approved project for airport development includes land
acquisition as an item for which payment is requested, the sponsor may
apply to the FAA for payment of the United States share of the allowable
project costs of the acquisition, after --
(a) The Administrator determines that the sponsor has acquired
satisfactory title to the land; or
(b) In the case of a request for advance payment under 152.209(d),
the Administrator is assured that a satisfactory title will be acquired.
14 CFR 152.213 Grant closeout requirements.
(a) Program income. Sponsors or planning agencies that are units of
local government shall return all interest earned on advances of
grant-in-aid funds to the Federal Government in accordance with a
decision of the Comptroller General (42 Comp. Gen. 289). All other
program income (gross income) earned by grant-supported activities
during the grant period shall be retained by the sponsor and, if
required by the grant agreement --
(1) Be added to funds committed to the project by the FAA and the
sponsor and used to further eligible program objectives; or
(2) Be deducted from the total project cost for the purpose of
determining the net costs on which the Federal share of costs will be
based.
(b) Financial reports. The sponsor or planning agency shall furnish,
within 90 days after completion of all items in a grant, all reports,
including financial performance reports, required as a condition of the
grant.
(c) Project completion. When the project for airport development or
planning is completed in accordance with the grant agreement, the
sponsor or planning agency may apply for payment for all incurred costs,
as follows:
(1) Airport development. When allowability of costs can be
determined under 152.203, payment may be made to the sponsor if --
(i) A final inspection of all work at the airport site has been made
jointly by the appropriate FAA office and representatives of the sponsor
and the contractor, unless that office agrees to a different procedure
for final inspection; and
(ii) The sponsor has furnished final ''as constructed'' plans, unless
otherwise agreed to by the Administrator.
(2) Airport planning. When the final planning report has been
received and accepted by the FAA.
(d) Property accounting reports: Airport development projects. The
sponsor of an airport development project shall account for any property
acquired with grant funds or received from the United States, in
accordance with the provisions of Attachment N of Office of Management
and Budget Circular A-102 (42 FR 45828).
(e) Final determination of U.S. share. Based upon an audit or other
information considered sufficient in lieu of an audit, the Administrator
determines the total amount of the allowable project costs and makes
settlement for any adjustments to the Federal share of costs.
14 CFR 152.213 Subpart D -- Accounting and Reporting Requirements
Source: Docket No. 19430, 45 FR 34791, May 22, 1980, unless
otherwise noted.
14 CFR 152.301 Applicability.
This subpart contains accounting and reporting requirements
applicable to --
(a) Each sponsor of a project for airport development;
(b) Each sponsor of a project for airport master planning; and
(c) Each planning agency conducting a project for airport system
planning.
14 CFR 152.303 Financial management system.
Each sponsor or planning agency shall establish and maintain a
financial management system that meets the standards of Attachment G of
Office of Management and Budget Circular A-102 (42 FR 45828).
14 CFR 152.305 Accounting records.
(a) Airport development. Each sponsor of a project for airport
development shall establish and maintain, for each individual project,
an accounting record satisfactory to the Administrator which segregates
cost information into the cost classifications set forth in Standard
Form 271 (42 FR 45841).
(b) Airport planning. Each sponsor of a project for airport master
planning and each planning agency conducting a project for airport
system planning shall establish and maintain, for each planning project,
an adequate accounting record that segregates and groups direct and
indirect cost information in the following classifications:
(1) Third party contract costs.
(2) Force account costs.
(3) Administrative costs.
14 CFR 152.307 Retention of records.
Each sponsor or planning agency shall retain, for a period of 3 years
after the date of submission of the final expenditure report --
(a) Documentary evidence, such as invoices, cost estimates, and
payrolls, supporting each item of project costs; and
(b) Evidence of all payments for items of project costs, including
vouchers, cancelled checks or warrants, and receipts for cash payments.
14 CFR 152.309 Availability of sponsor's records.
(a) The sponsor or planning agency shall allow any authorized
representative of the Administrator, the Secretary of Transportation, or
the Comptroller General of the United States access to any of its books,
documents, papers, and records that are pertinent to grants received
under this part for the purposes of accounting and audit.
(b) The sponsor or planning agency shall allow appropriate FAA or DOT
representatives to make progress audits at any time during the project,
upon reasonable notice to the sponsor or planning agency.
(c) It audit findings have not been resolved, the applicable records
shall be retained by the sponsor or planning agency until those findings
have been resolved.
(d) Records for nonexpendable property that was acquired with Federal
funds shall be retained for three years after final disposition of the
property.
(e) Microfilm copies of original records may be substituted for
original records with the approval of the FAA.
(f) If the FAA determines that certain records have long-term
retention value, the FAA may require transfer of custody of those
records to the FAA.
14 CFR 152.311 Availability of contractor's records.
The sponsor or planning agency shall include in each contract of the
cost reimbursable type a clause that allows any authorized
representative of the Administrator, the Secretary of Transportation, or
the Comptroller General of the United States access to the contractor's
records pertinent to the contract for the purposes of accounting and
audit.
14 CFR 152.313 Property management standards.
(a) The sponsor shall establish and maintain property management
standards in accordance with Attachment N of Office of Management and
Budget Circular A-102 (42 FR 45828) for the utilization and disposition
of property furnished by the Federal Government, or acquired in whole or
in part by the sponsor with Federal funds.
(b) A sponsor may use its own property management standards and
procedures as long as the standards required by paragraph (a) of this
section are included.
14 CFR 152.315 Reporting on accrual basis.
(a) Except as provided in paragraph (b) of this section each sponsor
or planning agency shall submit all financial reports on an accrual
basis.
(b) If records are not maintained on an accrual basis by a sponsor or
planning agency, reports may be based on an analysis of records or best
estimates.
14 CFR 152.317 Report of Federal cash transactions.
When funds are advanced to a sponsor or planning agency by Treasury
check, the sponsor or planning agency shall submit the report form
prescribed by the Administrator within 15 working days following the end
of the quarter in which check was received.
14 CFR 152.319 Monitoring and reporting of program performance.
(a) The sponsor or planning agency shall monitor performance under
the project to ensure that --
(1) Time schedules are being met;
(2) Work units projected by time periods are being accomplished;
and,
(3) Other performance goals are being achieved.
(b) Reviews shall be made for --
(1) Each item of development or work element included in the project;
and
(2) All other work to be performed as a condition of the grant
agreement.
(c) Airport development. Unless otherwise requested by the
Administrator, the sponsor of a project for airport development shall
submit a performance report, on an annual basis, that must include --
(1) A comparison of actual accomplishments to the goals established
for the period, made, if applicable, on a quantitative basis related to
cost data for computation of unit costs;
(2) The reasons for slippage in each case where an established goal
was not met; and
(3) Other pertinent information including, when appropriate, an
analysis and explanation of each cost overrun and high unit cost.
(d) Airport planning. The sponsor of a project for airport master
planning or a planning agency conducting a project for airport system
planning shall submit a performance report, on a quarterly basis, that
must include:
(1) A comparison of actual accomplishments to the goals established
for the period, made, if applicable, on a quantitative basis related to
costs for computation of work element costs;
(2) Reasons for slippage in each case where an established goal was
not met; and
(3) Other pertinent information including, when appropriate, an
analysis and explanation of each cost overrun and high work element
cost.
14 CFR 152.321 Notice of delay or acceleration.
(a) The sponsor or planning agency shall promptly notify the FAA of
each condition or event that may delay or accelerate accomplishment of
the project.
(b) In the event that delay is anticipated, the notice required by
paragraph (a) of this section must include --
(1) A statement of actions taken or contemplated; and
(2) Any Federal assistance needed.
14 CFR 152.323 Budget revision: Airport development.
(a) If any performance review conducted by the sponsor discloses a
need for change in the budget estimates, the sponsor shall submit a
request for budget revision on a form prescribed by the Administrator.
(b) A request for prior approval for budget revision shall be made
promptly by the sponsor whenever --
(1) The revision results from changes in the scope or objective of
the project; or
(2) The revision increases the budgeted amounts of Federal funds
needed to complete the project.
(c) The sponsor shall promptly notify the FAA whenever the amount of
the grant is expected to exceed the needs of the sponsor by more than
$5,000, or 5 percent of the grant amount, whichever is greater.
14 CFR 152.325 Financial status report: Airport planning.
Each sponsor of a project for airport master planning and each
planning agency conducting a project for airport system planning shall
submit a financial status report on a form prescribed by the
Administrator at the completion of the project.
14 CFR 152.325 Subpart E -- Nondiscrimination in Airport Aid Program
Authority: Sec. 30 of the Airport and Airway Development of Act of
1970 (49 U.S.C. 1730); sec. 1.47(f)(1) of the Regulations of the Office
of the Secretary of Transportation (49 CFR 1.47(f)(1)).
Source: Docket No. 16419, 45 FR 10188, Feb. 14, 1980, unless
otherwise noted.
14 CFR 152.401 Applicability.
(a) This subpart is applicable to all grantees and other covered
organizations under this part, and implements the requirements of
section 30 of the Airport and Airway Development Act of 1970, which
provides:
The Secretary shall take affirmative action to assure that no person
shall, on the grounds of race, creed, color, national origin, or sex, be
excluded from participating in any activity conducted with funds
received from any grant made under this title. The Secretary shall
promulgate such rules as he deems necessary to carry out the purposes of
this section and may enforce this section, and any rules promulgated
under this section, through agency and department provisions and rules
which shall be similar to those established and in effect under Title VI
of the Civil Rights Act of 1964. The provisions of this section shall
be considered to be in addition to and not in lieu of the provisions of
Title VI of the Civil Rights Act of 1964.
(b) Each grantee, covered organization, or covered suborganization
under this part shall negotiate reformation of any contract,
subcontract, lease, sublease, or other agreement to include any
appropriate provision necessary to effect compliance with this subpart
by July 17, 1980.
14 CFR 152.403 Definitions.
As used in this subpart --
AADA means the Airport and Airway Development Act of 1970, as amended
(49 U.S.C. 1701 et seq.).
Affirmative action plan means a set of specific and result-oriented
procedures to which a sponsor, planning agency, state, or the aviation
related activity on an airport commits itself to achieve equal
employment opportunity.
Airport development means -- (1) Any work involved in constructing,
improving, or repairing a public airport or portion thereof, including
the removal, lowering, relocation, and marking and lighting of airport
hazards, and including navigation aids used by aircraft landing at, or
taking off from, a public airport, and including safety equipment
required by rule or regulation for certification of the airport under
section 612 of the Federal Aviation Act of 1958, and security equipment
required of the sponsor by the Secretary by rule or regulation for the
safety and security of persons and property on the airport, and
including snow removal equipment, and including the purchase of noise
suppressing equipment, the construction of physical barriers, and
landscaping for the purpose of diminishing the effect of aircraft noise
on any area adjacent to a public airport;
(2) Any acquisition of land or of any interest therein, or of any
easement through or other interest in airspace, including land for
future airport development, which is necessary to permit any such work
or to remove or mitigate or prevent or limit the establishment of,
airport hazards; and
(3) Any acquisition of land or of any interest therein necessary to
insure that such land is used only for purposes which are compatible
with the noise levels of the operation of a public airport.
Aviation related activity means a commercial enterprise -- (1) Which
is operated on the airport pursuant to an agreement with the grantee or
airport operator or to a derivative subagreement;
(2) Which employs persons on the airport; and
(3) Which -- (i) Is related primarily to the aeronautical activities
on the airport;
(ii) Provides goods or services to the public which is attracted to
the airport by aeronautical activities;
(iii) Provides services or supplies to other aeronautical related or
public service airport businesses or to the airport; or
(iv) Performs construction work on the airport.
Aviation workforce includes, with respect to grantees, each person
employed by the grantee on an airport or, for an aviation purpose, off
the airport.
Covered organization means a grantee, a subgrantee, or an aviation
related activity.
Covered suborganization is a subgrantee or sub-aviation related
activity, of a covered organization.
Department means the United States Department of Transportation;
Grant means Federal financial assistance in the form of funds
provided to a sponsor, planning agency, or state under this part;
Grantee means the recipient of a grant.
Minority means a person who is -- (1) Black and not of Hispanic
origin: A person having origins in any of the black racial groups of
Africa;
(2) Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or
South American or other Spanish culture or origin, regardless of race;
(3) Asian or Pacific Islander: A person having origins in any or the
original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands, including, but not limited to
China, Japan, Korea, the Philippine Islands, and Samoa; or
(4) American Indian or Alaskan Native: A person having origins in
any of the original peoples of North America who maintains cultural
identification through tribal affiliation or community recognition.
Planning agency means any planning agency designated by the Secretary
which is authorized by the laws of the State or States (including the
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the
Trust Territory of the Pacific Islands, and Guam) or political
subdivisions concerned to engage in areawide planning for the area in
which assistance under this part is to be used;
Secretary means the Secretary of Transportation or an authorized
representative of the Secretary within the Department of Transportation;
SMSA means Standard Metropolitan Statistical Area.
Sponsor means any public agency that, either individually or jointly
with one or more other public agencies, submits to the Administrator, in
accordance with this part, an application for financial assistance, or
that conducts a project for airport development or airport master
planning, funded under this part;
Underutilization means having fewer minorities or women in a
particular job group than would reasonable be expected from their
availability in --
(1) The SMSA; or
(2) In the absence of a defined SMSA, in the counties contiguous to
the employer's location, or the location where the work is to be
performed, and in the areas from which persons may reasonably be
expected to commute.
14 CFR 152.405 Assurances.
The following assurances shall be included in each application for
financial assistance under this part:
(a) Assurance. The grantee assures that it will undertake an
affirmative action program, as required by 14 CFR part 152, subpart E,
to ensure that no person shall, on the grounds of race, creed, color,
national origin, or sex, be excluded from participating in any
employment, contracting, or leasing activities covered in 14 CFR part
152, subpart E. The grantee assures that no person shall be excluded,
on these grounds, from participating in or receiving the services or
benefits of any program or activity covered by this subpart. The
grantee assures that it will require that its covered organizations
provide assurances to the grantee that they similarly will undertake
affirmative action programs and that they will require assurances from
their suborganizations, as required by 14 CFR part 152, subpart E, to
the same effect.
(b) Assurance. The grantee agrees to comply with any affirmative
action plan or steps for equal employment opportunity required by 14 CFR
part 152, subpart E, as part of the affirmative action program, and by
any Federal, State, or local agency or court, including those resulting
from a conciliation agreement, a consent decree, court order, or similar
mechanism. The grantee agrees that State or local affirmative action
plans will be used in lieu of any affirmative action plan or steps
required by 14 CFR part 152, subpart E, only when they fully meet the
standards set forth in 14 CFR 152.409. The grantee agrees to obtain a
similar assurance from its covered organizations, and to cause them to
require a similar assurance of their covered suborganizations, as
required by 14 CFR part 152, subpart E.
14 CFR 152.407 Affirmative action plan: General.
(a) Except as provided in paragraph (b) of this section, each of the
following shall have an affirmative action plan that meets the
requirements of 152.409 and is kept on file for review by the FAA
Office of Civil Rights:
(1) Each sponsor who employs 50 or more employees in its aviation
workforce.
(2) Each planning Agency which employs 50 or more employees in its
agency for aviation purposes.
(3) Each state political division, administering a grant under the
AADA to develop standards for airport development at general aviation
airports, which employs 50 or more employees in its aviation workforce.
(b) A grantee is in compliance with paragraph (a) of this section, if
it is subject to, and keeps on file for review by the FAA Office of
Civil Rights, one of the following:
(1) An affirmative action plan acceptable to another Federal agency.
(2) An affirmative action plan for a State or local agency that the
covered organization certifies meets the standards in 152.409.
(3) A conciliation agreement, consent decree, or court order which
provides short and long-range goals for equal employment opportunity
similar to those which would be established in an affirmative action
plan meeting the standards in 152.409.
(c) Each sponsor shall require each aviation related activity (other
than construction contractors) which employs 50 or more employees on the
airport to prepare, and keep on file for review by the FAA Office of
Civil Rights, an affirmative action plan developed in accordance with
the standards in 152.409, unless the activity is subject to one of the
mechanisms described in paragraphs (b) (1) through (3) of this section.
(d) Each sponsor shall require each aviation related activity
described in paragraph (c) of this section to similarly require each of
its covered suborganizations (other than construction contractors) which
employs 50 or more employees on the airport to prepare, and to keep on
file for review by the FAA Office of Civil Rights, an affirmative action
plan developed in accordance with the standards in 152.409, unless the
suborganization is subject to one of the mechanisms described in
paragraphs (b) (1) through (3) of this section.
14 CFR 152.409 Affirmative action plan standards.
(a) Each affirmative action plan required by this subpart shall be
developed in accordance with the following:
(1) An analysis of the employer's aviation workforce which groups
employees into the following job categories:
(i) Officials and managers.
(ii) Professionals.
(iii) Technicians.
(iv) Sales workers.
(v) Office and clerical workers.
(vi) Craft workers (skilled).
(vii) Operatives (semi-skilled).
(viii) Laborers (unskilled).
(ix) Service workers.
(2) A comparison separately made of the percent of minorities and
women in the employer's present aviation workforce (in each of the job
categories listed in paragraph (a)(1) of this section) with the percent
of minorities and women in each of those categories in the total
workforce located in the SMSA, or, in the absence of an SMSA, in the
counties contiguous to the employer's location or the location where the
work is to be performed and in the areas from which persons may
reasonably be expected to commute. This data on the total workforce of
the applicable area will be supplied to grantees by the FAA. Grantees
shall make this data available to the other organizations covered by
this subpart. The comparison for minorities must be made only when
minorities constitute at least 2 percent of the total workforce in the
geographical area used for the comparison.
(3) A comparison, for the aviation workforce, of the total number of
applicants and persons hired with the total number of minority and
female applicants, and minorities and females hired, for the past year.
Where this data is unavailable, the employer shall establish and
maintain a system to provide the data, and shall make the comparison 120
days after establishing the data system.
(4) Where the percentage of minorities and women in the employer's
aviation workforce, in each job category, is less than the minority and
female percentage in any job category in the workforce of the
geographical area used, an analysis, based on the comparison required by
paragraph (a)(3) of this section, determining whether any of the
following exists:
(i) Insufficient flow of minority and female applicants.
(ii) Disparate rejection of minority and female applicants. The FAA
generally considers disparate rejection to exist whenever a selection
rate for any race, sex, or ethnic group is less than 80 percent of the
rate for the race, sex, or ethnic group with the highest selection rate.
(b) Each affirmative action plan required by this part shall be
implemented through an action-oriented program with goals and timetables
designed to eliminate obstacles to equal opportunity for women and
minorities in recruitment and hiring, which shall include, but not be
limited to:
(1) Where disparate rejection of minority and female applicants is
indicated by the analysis required by paragraph (a)(4) of this section,
validation of those portions of the testing or selection procedures
which cause the disparity in accordance with the ''Uniform Guidelines on
Employee Selection'' (43 FR 38290; August 25, 1978), within 120 days of
the analysis.
(2) Where testing or selection procedures cannot be validated,
discontinuation of their use.
(3) Where an insufficient flow of minority and female applicants
(less than the percentage available) is indicated by the analysis
required by paragraph (a)(4) of this section, good faith efforts to
increase the flow of minority and female applicants through the
following steps, as appropriate:
(i) Development or reaffirmation of an equal opportunity policy and
dissemination of that policy internally and externally.
(ii) Contact with minority and women's organizations, schools with
predominant minority or female enrollments, and other recruitment
sources for minorities and women.
(iii) Encouragement of State and local employment agencies, unions,
and other recruiting sources to ensure that minorities and women have
ample information on, and opportunity to apply for, vacancies and to
participate in examinations.
(iv) Participation in special employment programs such as
Co-operative Education Programs with predominantly minority and women's
colleges, ''After School'' or Work Study programs, and Summer
Employment.
(v) Participation in ''Job Fairs.''
(vi) Participation of minority and female employees in Career Days,
Youth Motivation Programs, and counseling and related activities in the
community.
(vii) Encouragement of minority and female employees to refer
applicants.
(viii) Motivation, training, and employment programs for minority and
female hard-core unemployed.
14 CFR 152.411 Affirmative action steps.
(a) Each grantee which is not described in 152.407(a) and is not
subject to an affirmative action plan, regulatory goals and timetables,
or other mechanism providing for short and long-range goals for equal
employment opportunity, shall make good faith efforts to recruit and
hire minorities and women for its aviation workforce as vacancies occur,
by taking the affirmative action steps in 152.409(b)(3), as follows:
(1) If it has 15 or more employees in its aviation workforce or
employed for aviation purposes, by taking the affirmative action steps
in 152.409(b)(3), as appropriate; or
(2) If it has less than 15 employees in its aviation workforce or
employed for aviation purposes, by taking the affirmative action steps
in 152.409(b)(3) (i) and (ii), as appropriate.
(b) Except as provided in paragraph (c) of this section, each sponsor
shall require each of its aviation related activities on its airport,
that is not subject to an affirmative action plan, regulatory goals and
timetables, or other mechanism which provides short and long-range goals
for equal employment opportunity, to take affirmative action steps and
cause them to similarly require affirmative action steps of their
covered suborganizations, as follows:
(1) Each aviation related activity or covered suborganization with
less than 50 but more than 14 employees, must take the affirmative
action steps enumerated in 152.409(b)(3), as appropriate.
(2) Each aviation related activity or covered suborganization with
less than 15 employees, must take the affirmative action steps
enumerated in 152.409(b)(3) (i) and (ii), as appropriate.
(c) Each sponsor shall require each construction contractor, that has
a contract of $10,000 or more on its airport and that is not subject to
an affirmative action plan, regulatory goals or timetables, or other
mechanism which provides short and long-range goals for equal employment
opportunity, to take the following affirmative action steps:
(1) The contractor must establish and maintain a current list of
minority and female recruitment sources; provide written notification
to these recruitment sources and to community organizations when
employment opportunities are available; and maintain a record of each
organization's response.
(2) The contractor must maintain a current file of the names,
addresses, and telephone numbers of each minority and female walk-in
applicant and each referral from a union, a recruitment source, or
community organization and the action taken with respect to each
individual. Where an individual is sent to the union hiring hall for
referral, but not referred back to the contractor, or, if referred, not
employed by the contractor, this shall be documented. The documentation
shall include an explanation of, and information on, any additional
actions that the contractor may have taken.
(3) The contractor must disseminate its equal employment opportunity
policy internally --
(i) By providing notice of the policy to unions and training
programs;
(ii) By including it in policy manuals and collective bargaining
agreements;
(iii) By publicizing it in the company newspaper, report, or other
publication; and
(iv) By specific review of the policy with all management personnel
and with all employees at least once a year.
(4) The contractor must disseminate the contractors's equal
employment opportunity policy externally --
(i) By stating it in each employment advertisement in the news media,
including news media with high minority and female readership; and
(ii) By providing written notification to, or participating in
discussions with, other contractors and subcontractors with whom the
contractor does business.
(5) The contractor must direct its recruitment efforts to minority
and female organizations, to schools with minority and female students,
and to organizations which recruit and train minorities and women, in
the contractor's recruitment area.
(6) The contractor must encourage present minority and female
employees to recruit other minorities and women.
(7) The contractor must, where possible, provide after school,
summer, and vacation employment to minority and female youth.
(d) Each sponsor shall require each of its prime construction
contractors on its airport, with a contract of $10,000 or more, to
require each of the contractor's subcontractors on the airport to comply
with the affirmative action steps in paragraph (c) of this section, with
which it does not already comply, unless the subcontractor is subject to
an affirmative action plan, regulatory goals or timetables, or other
mechanism which provides short and long-range goals for equal employment
opportunity, or the subcontract is less than $10,000.
14 CFR 152.413 Notice requirement.
Each grantee shall give adequate notice to employees and applicants
for employment, through posters provided by the Secretary, that the FAA
is committed to the requirements of section 30 of the AADA, to ensure
that no person shall, on the grounds of race, creed, color, national
origin, or sex, be excluded from participating in any activity conducted
with funds authorized under this part.
14 CFR 152.415 Records and reports.
(a) Each grantee shall keep on file for a period of three years or
for the period during which the Federal financial assistance is made
available, whichever is longer, reports (other than those transmitted to
the FAA), records, and affirmative action plans, if applicable, that
will enable the FAA Office of Civil Rights to ascertain if there has
been and is compliance with this subpart.
(b) Each sponsor shall require its covered organizations to keep on
file, for the period set forth in paragraph (a) of this section, reports
(other than those submitted to the FAA), records, and affirmative action
plans, if applicable, that will enable the FAA Office of Civil Rights to
ascertain if there has been and is compliance with this subpart, and
shall cause them to require their covered suborganizations to keep
similar records as applicable.
(c) Each grantee, employing 15 or more person, shall annually submit
to the FAA a compliance report on a form provided by the FAA and a
statistical report on a Form EEO-1 of the Equal Employment Opportunity
Commission (EEOC) or any superseding EEOC form. If a grantee already is
submitting a Form EEO-1 to another agency, the grantee may submit a copy
of that form to the FAA as its statistical report. The information
provided shall include goals and timetables, if established in
compliance with the requirements of 152.409 or with the requirements of
another Federal agency or a State or local agency.
(d) Each sponsor shall --
(1) Require each of its aviation-related activities (except
construction contractors), employing 15 or more persons, to annually
submit to the sponsor the reports required by paragraph (c) of this
section, on the same basis as stated in paragraph (c) of this section,
and shall cause each aviation-related activitiy to require its covered
suborganizations, with 15 or more employees, to annually submit the
reports required by paragraph (c) of this section through the prime
organization to the sponsor, for transmittal by the sponsor to the FAA.
(2) Annually collect from its aviation related activities employing
less than 15 employees, and transmit to the FAA an aggregate employment
report, that includes the employment of sponsors with less than 15
employees, on an EEO-1 or any superseding EEOC form.
(e) Each sponsor shall require each of its construction contractors
on its airport, with a contract of $10,000 or more, which is not subject
to E.O. 11246 and the regulations of the Department of Labor (DOL), to
submit to the sponsor, at the conclusion of the project, a compliance
report on a form provided by the FAA and a statistical report on a DOL
Form 257 or any superseding DOL form. For projects exceeding six
months, the sponsor shall require a midway compliance report. The
sponsor shall submit these reports to the FAA.
(f) Each sponsor shall cause each of its construction contractors on
its airport to require each of the contractor's subcontractors, with a
subcontract of $10,000 or more, which are not subject to E.O. 11246 and
the regulations of the DOL, to submit the reports required by paragraph
(e) of this section to the prime contractor for submission to the
sponsor. The sponsor shall transmit these reports to the FAA.
(g) Each organization required to prepare an affirmative action plan
for the FAA under this subpart shall update it annually and as changed
circumstances require. Each organization that has prepared a plan in
compliance with the requirements of another Federal agency or a State or
local agency, shall update it in accordance with the requirements of
that agency.
14 CFR 152.417 Monitoring employment.
(a) Each grantee shall allow the FAA Office of Civil Rights to
monitor its equal employment opportunity compliance with this subpart
through on-site reviews and desk audits. Reviews or audits will include
the records submitted under 152.415.
(b) As it deems necessary, the FAA Office of Civil Rights will
conduct on-site or desk audits of covered aviation related activities on
airports.
14 CFR 152.419 Minority business.
Each person subject to this subpart is required to comply with the
Minority Business Enterprise Regulations of the Department.
14 CFR 152.421 Public accommodations, services, and benefits.
Requirements relating to the provision of public accommodations,
services, and other benefits to beneficiaries under Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and part 21 of the
regulations of the Office of the Secretary of Transportation (49 CFR
part 21) implementing Title VI are made applicable, where appropriate,
to nondiscrimination and affirmative action on the basis of sex or
creed, and shall be complied with by each applicant for assistance and
each grantee.
14 CFR 152.423 Investigation and enforcement.
(a) Complaints. Any person who believes that he or she has been
subjected to discrimination prohibited by this subpart may personally,
or through a representative, file a complaint with the Director of the
Departmental Office of Civil Rights. A complaint must be in writing and
filed not later than 180 days after the date of the alleged
discrimination, unless the time for filing is extended by the Director.
(b) Investigations and informal resolutions. The Departmental Office
of Civil Rights will make a prompt investigation whenever a complaint,
compliance review, report, or any other information indicates a possible
failure to comply with this subpart. The procedures in 49 CFR part 21,
augmented as appropriate by the investigative procedures of part 13 of
this chapter, will be followed, except that --
(1) Compliance with a regulation of the Department applicable to
minority business enterprise will be investigated and enforced through
the procedures contained in that regulation; and
(2) Except as provided in paragraph (c) of this section, allegations
of noncompliance with regulations governing equal employment opportunity
of another Federal agency or a State or local agency, will be referred,
for investigation and enforcement, to the Federal agency or, in the
discretion of the Departmental Office of Civil Rights, to the State or
local agency.
(c) When the FAA (under section 30 of the AADA) and another Federal
agency, a referral agency recognized by the Equal Employment Opportunity
Commission, or a court have concurrent jurisdiction over a matter --
(1) If the other agency or court makes a finding on the record that
noncompliance or discrimination has occurred, the FAA will accept the
finding, and determine what sanctions or remedies are appropriate under
section 30 as a result of the finding, after permitting the party
against whom the finding was made to be heard on the determination of
the sanctions or remedies; or
(2) If it appears that delay, through referral to another agency,
will result in the continued expenditure of Federal funds under this
part without compliance with this subpart, the Secretary may --
(i) Investigate the matter;
(ii) Make a determination as to compliance with section 30; and
(iii) Impose appropriate sanctions and remedies.
(d) Nothing in this section shall preclude the Director of the
Departmental Office of Civil Rights from initiating an investigation
when it appears that the investigation of the complaint may reveal a
pattern or practice of discrimination or noncompliance with the
requirements of this subpart in the employment practices of a grantee or
other covered organization.
14 CFR 152.425 Effect of subpart.
Nothing contained in this subpart diminishes or supersedes the
obligations imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d), Executive Order 11246 (42 U.S.C. 2000e (note)), or any
other Federal law or Executive Order relating to civil rights.
14 CFR 152.425 Subpart F -- Suspension and Termination of Grants
Source: Docket No. 19430, 45 FR 34792, May 22, 1980, unless
otherwise noted.
14 CFR 152.501 Applicability.
This subpart contains procedures for suspending or terminating grants
for airport development projects and airport planning.
14 CFR 152.503 Suspension of grant.
(a) If the sponsor or planning agency fails to comply with the
conditions of the grant, the FAA may, by written notice to the sponsor
or planning agency, suspend the grant and withhold further payments
pending --
(1) Corrective action by the sponsor or planning agency; or
(2) A decision to terminate the grant.
(b) Except as provided in paragraph (c), after receipt of notice of
suspension, the sponsor or planning agency may not incur additional
obligations of grant funds during the suspension.
(c) All necessary and proper costs that the sponsor or planning
agency could not reasonably avoid during the period of suspension will
be allowed, if those costs are in accordance with Appendix C of this
part.
14 CFR 152.505 Termination for cause.
(a) If the sponsor or planning agency fails to comply with the
conditions of the grant, the FAA may, by written notice to the sponsor
or planning agency, terminate the grant in whole, or in part.
(b) The notice of termination will contain --
(1) The reasons for the termination, and
(2) The effective date of termination.
(c) After receipt of the notice of termination, the sponsor or
planning agency may not incur additional obligations of grant funds.
(d) Payments to be made to the sponsor or planning agency, or
recoveries of payments by the FAA, under the grant shall be in
accordance with the legal rights and liabilities of the parties.
14 CFR 152.507 Termination for convenience.
(a) When the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds, the grant
may be terminated in whole, or in part, upon mutual agreement of the FAA
and the sponsor or planning agency.
(b) If an agreement to terminate is made, the sponsor or planning
agency --
(1) May not incur new obligations for the terminated portion after
the effective date; and
(2) Shall cancel as many obligations, relating to the terminated
portion, as possible.
(c) The sponsor or planning agency is allowed full credit for the
Federal share of the noncancellable obligations that were properly
incurred by the sponsor before the termination.
14 CFR 152.509 Request for reconsideration.
If a grant is suspended or terminated under this subpart, the sponsor
or planning agency may request the Administrator to reconsider the
suspension or termination.
14 CFR 152.509 Subpart G -- Energy Conservation in Airport Aid Program
Authority: Secs. 1-27, 84 Stat. 220-223 (49 U.S.C. 1711-1727);
sec. 1.47(g), Regulations of the Office of the Secretary of
Transportation; 35 FR 17044; sec. 403(b), 92 Stat. 3318; E.O.
12185.
Source: Docket No. 66, 45 FR 58035, Aug. 29, 1980, unless
otherwise noted.
14 CFR 152.601 Purpose.
This subpart implements section 403 of the Powerplant and Industrial
Fuel Use Act of 1978 (92 Stat. 3318; Pub. L. 95-620) in order to
encourage conservation of petroleum and natural gas by recipients of
Federal financial assistance.
14 CFR 152.603 Applicability.
This subpart applies to each recipient of Federal financial
assistance from the Federal Aviation Administration through the Airport
Development Aid Program (ADAP) unless otherwise excluded by definition.
14 CFR 152.605 Definitions.
As used in this subpart --
Building construction means construction of any building which
receives Federal assistance under the program, which will exceed
$200,000 in construction cost.
Energy assessment means an analysis of total energy requirements of a
building, which, within the scope of the proposed construction activity,
and at a level of detail appropriate to that scope, considers the
following:
(a) Overall design of the facility or modification, and alternative
designs;
(b) Materials and techniques used in construction or rehabilitation;
(c) Special or innovative conservation features that may be used;
(d) Fuel requirements for heating, cooling, and operations essential
to the function of the structure, projected over the life of the
facility and including projected costs of this fuel; and
(e) Kind of energy to be used, including --
(1) Consideration of opportunities for using fuels other than
petroleum and natural gas, and
(2) Consideration of using alternative, renewable energy sources.
Major building modification means modification of any building which
receives Federal assistance under the program, which will exceed
$200,000 in construction cost.
14 CFR 152.607 Building design requirements.
Each sponsor shall perform an energy assessment for each
federally-assisted building construction or major building modification
project proposed at the airport. The building design, construction, and
operation shall incorporate, to the extent consistent with good
engineering practice, the most cost-effective energy conservation
features identified in the energy assessment.
14 CFR 152.609 Energy conservation practices.
Each sponsor shall require fuel and energy conservation practices in
the operation and maintenance of the airport and shall encourage airport
tenants to use these practices.
14 CFR 152.609 Pt. 152, App. A
14 CFR 152.609 Appendix A to Part 152 -- Contract and Labor Provisions
This appendix sets forth contract and labor provisions applicable to
grants under the Airport and Airway Development Act of 1970.
This appendix does not apply to: (1) Any contract with the owner of
airport hazards, buildings, pipelines, powerlines, or other structures
or facilities, for installing, extending, changing, removing, or
relocating that structure or facility, and (2) any written agreement or
understanding between a sponsor and another public agency that is not a
sponsor of the project, under which the public agency undertakes
construction work for or as agent of the sponsor.
Each sponsor entering into a construction contract for an airport
development project shall insert in the contract and any supplemental
agreement:
(1) The provisions required by the Secretary of Labor, as set forth
in paragraphs A through K;
(2) The provisions set forth in paragraph L, and
(3) Any other provisions necessary to ensure completion of the work
in accordance with the grant agreement.
The provisions in paragraphs A through K and provision (5) in
paragraph L need not be included in prime contracts of $2,000 or less.
A. Minimum wages. (1) All mechanics and laborers employed or working
upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the Copeland Act (29
CFR part 3), the full amounts due at time of payment computed at wage
rates not less than those contained in the wage determination
decision(s) of the Secretary of Labor which is (are) attached hereto and
made a part hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers and
mechanics; and the wage determination decision(s) shall be posted by
the contractor at the site of the work in a prominent place where it
(they) can be easily seen by the workers. For the purpose of this
paragraph, contributions made or costs reasonably anticipated under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (4) below. Also for the purpose
of this paragraph, regular contributions made or costs incurred for more
than a weekly period under plans, funds, or programs, but covering the
particular weekly period, are deemed to be constructively made or
incurred during such weekly period (29 CFR 5.5(a)(1)(i)).
(2) Any class of laborers or mechanics, including apprentices and
trainees, which is not listed in the wage determination(s) and which is
to be employed under the contract, shall be classified or reclassified
conformably to the wage determination(s), and a report of the action
taken shall be sent by the (insert sponsor's name) to the FAA for
approval and transmittal to the Secretary of Labor. In the event that
the interested parties cannot agree on the proper classification or
reclassification of a particular class of laborers and mechanics,
including apprentices and trainees, to be used, the question accompanied
by the recommendation of the FAA shall be referred to the Secretary of
Labor for final determination (29 CFR 5.5(a)(1)(ii)).
(3) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly wage rate and the contractor is obligated to pay
a cash equivalent of such a fringe benefit, an hourly cash equivalent
thereof shall be established. In the event the interested parties
cannot agree upon a cash equivalent of the fringe benefit, the question
accompanied by the recommendation of the FAA shall be referred to the
Secretary of Labor for determination (29 CFR 5.5(a)(1)(iii)).
(4) If the contractor does not make payments to a trustee or other
third person, he may consider as part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing
benefits under a plan or program of a type expressly listed in the wage
determination decision of the Secretary of Labor which is a part of this
contract: Provided, however, the Secretary of Labor has found, upon
written request of the contractor, that the applicable standards of the
Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program (29 CFR 5.5(a)(1)(iv)).
B. Withholding: FAA from sponsor. Pursuant to the terms of the
grant agreement between the United States and (insert sponsor's name),
relating to Airport Development Aid Project No. ------ , and part 152
of the Federal Aviation Regulations (14 CFR part 152), the FAA may
withhold or cause to be withheld from the (insert sponsor's name) so
much of the accrued payments or advances as may be considered necessary
to pay laborers and mechanics, including apprentices and trainees,
employed by the contractor or any subcontractor on the work the full
amount of wages required by this contract. In the event of failure to
pay any laborer or mechanics, including any apprentice or trainee,
employed or working on the site of the work all or part of the wages
required by this contract, the FAA may, after written notice to the
(insert sponsor's name), take such action as may be necessary to cause
the suspension of any further payment or advance of funds until such
violations have ceased (29 CFR 5.5(a)(2)).
C. Payrolls and basic records. (1) Payrolls and basic records
relating thereto will be maintained during the course of the work and
preserved for a period of 3 years thereafter for all laborers and
mechanics working at the site of the work. Such records will contain
the name and address of each such employee, his correct classification,
rates of pay (including rates of contributions or costs anticipated of
the types described in section 1(b)(2) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found, under 29 CFR
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), that the wages
of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in
section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is
enforceable, that the plan or program is financially responsible, and
that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs
anticipated or the actual costs incurred in providing such benefits (29
CFR 5.5(a)(3)(i)).
(2) The contractor will submit weekly a copy of all payrolls to the
(insert sponsor's name) for availability to the FAA. The copy shall be
accompanied by a statement signed by the employer or his agent
indicating that the payrolls are correct and complete, that the wage
rates contained therein are not less than those determined by the
Secretary of Labor and that the classifications set forth for each
laborer or mechanic conform with the work he performed. A submission of
a ''Weekly Statement of Compliance'' which is required under this
contract and the Copeland regulations of the Secretary of Labor (29 CFR
part 3) and the filing with the initial payroll or any subsequent
payroll of a copy of any findings by the Secretary of Labor under 29 CFR
5.5(a)(1)(iv) (see paragraph (4) of paragraph A above), shall satisfy
this requirement. The prime contractor shall be responsible for
submission of copies of payrolls of all subcontractors. The contractor
will make the records required under the labor standards clauses of the
contract available for inspection by authorized representatives of the
FAA and the Department of Labor, and will permit such representatives to
interview employees during working hours on the job. Contractors
employing apprentices or trainees under approved programs shall include
a notation on the first weekly certified payrolls submitted to the
(insert sponsor's name) for availability to the FAA, that their
employment is pursuant to an approved program and shall identify the
program (29 CFR 5.5(a)(3)(ii)).
D. Apprentices and trainees. (1) Apprentices. Apprentices will be
permitted to work at less than the predetermined rate for the work they
performed when they are employed and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of
Labor, Employment and training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified
by the Bureau of Apprenticeship and Training or a State Apprenticeship
Agency (where appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to journeymen in any
craft classification shall not be greater than the ratio permitted to
the contractor as to his entire work force under the registered program.
Any employee listed on a payroll at an apprentice wage rate, who is not
a trainee as defined in paragraph (2) of this paragraph or is not
registered or otherwise employed as stated above, shall be paid the wage
rate determined by the Secretary of Labor for the classification of work
he actually performed. The contractor or subcontractor will be required
to furnish to the (insert sponsor's name) or a representative of the
Wage-Hour Division of the U.S. Department of Labor written evidence of
the registration of his program and apprentices as well as the
appropriate ratios and wage rates (expressed in percentages of the
journeyman hourly rates), for the area of construction prior to using
any apprentices on the contract work. The wage rate paid apprentices
shall be not less than the appropriate percentage of the journeyman's
rate contained in the applicable wage determination (29 CFR
5.5(a)(4)(i)).
(2) Trainees. Except as provided in 29 CFR 5.15 trainees will not be
permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. Bureau of Apprenticeship and Training. The
ratio of trainees to journeymen shall not be greater than permitted
under the plan approved by the Bureau of Apprenticeship and Training.
Every trainee must be paid at not less than the rate specified in the
approved program for his level of progress. Any employee listed on the
payroll at a trainee rate who is not registered and participating in a
training plan approved by the Bureau of Apprenticeship and Training
shall be paid not less than the wage rate determined by the Secretary of
Labor for the classification of work he actually performed. The
contractor or subcontractor will be required to furnish the (insert
sponsor's name) or a representative of the Wage-Hour Division of the
U.S. Department of Labor written evidence of the certification of his
program, the registration of the trainees, and the ratios and wage rates
prescribed in that program. In the event the Bureau of Apprenticeship
and Training withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable
program is approved (29 CFR 5.5(a)(4)(ii)).
(3) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this paragraph shall be in conformity with
the equal employment opportunity requirements of Executive Order 11246,
as amended, and 29 CFR part 30 (29 CFR 5.5(a)(4)(iii)).
(4) Application of 29 CFR 5.5(a)(4). On contracts in excess of $2,000
the employment of all apprentices and trainees as defined in 29 CFR
5.2(c) shall be subject to the provisions of 29 CFR 5.5(a)(4) (see
paragraph D(1), (2), and (3) above).
E. Compliance with Copeland Regulations. The contractor shall comply
with the Copeland Regulations (29 CFR part 3) of the Secretary of Labor
which are herein incorporated by reference (29 CFR 5.5(a)(5)).
F. Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work
in excess of 8 hours in any calendar day or in excess of 40 hours in
such workweek unless such laborer or mechanic received compensation at a
rate not less than 1 1/2 times his basic rate of pay for all hours
worked in excess of 8 hours in any calendar day or in excess of 40 hours
in such workweek, as the case may be (29 CFR 5.5(c)(1)).
G. Violations; liability for unpaid wages; liquidated damages. In
the event of any violation of paragraph F of this provision, the
contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed, with
respect to each individual laborer or mechanic employed in violation of
said paragraph F of this provision, in the sum of $10 for each calendar
day on which such employee was required or permitted to work in excess
of 8 hours or in excess of the standard workweek of 40 hours without
payment of the overtime wages required by said paragraph F of this
provision (29 CFR 5.5(c)(2)).
H. Withholding for unpaid wages and liquidated damages. The FAA may
withhold or cause to be withheld, from any monies payable on account of
work performed by the contractor or subcontractor, such sums as may
administratively be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in paragraph G of this provision (29 CFR
5.5(c)(3)).
I. Working conditions. No contractor may require any laborer or
mechanic employed in the performance of any contract to work in
surroundings or under working conditions that are unsanitary, hazardous,
or dangerous to his health or safety as determined under construction
safety and health standards (29 CFR part 1926) and other occupational
and health standards (29 CFR part 1910) issued by the Department of
Labor.
J. Subcontracts. The contractor will insert in each of his
subcontracts the clauses contained in paragraphs A through K of this
provision, and also a clause requiring the subcontractors to include
these provisions in any lower tier subcontracts which they may enter
into, together with a clause requiring this insertion in any further
subcontracts that may in turn be made (29 CFR 5.5(a)(6), 5.5(c)(4)).
K. Contract termination debarment. A breach of clause A, B, C, D, E,
or J may be grounds for termination of the contract, and for debarment
as provided in 5.6 of the Regulations of the Secretary of Labor as
codified in 29 CFR 5.6 (29 CFR 5.5(a)(7)).
L. Additional contract provisions. (1) Airport Development Aid
Program Project. The work in this contract is included in Airport
Development Aid Program Project No. ------ which is being undertaken
and accomplished by the (insert sponsor's name) in accordance with the
terms and conditions of a grant agreement between the (insert sponsor's
name) and the United States, under the Airport and Airway Development
Act of 1970 (84 Stat. 219) and part 152 of the Federal Aviation
Regulations (14 CFR part 152), pursuant to which the United States has
agreed to pay a certain percentage of the costs of the project that are
determined to be allowable project costs under that Act. The United
States is not a party to this contract and no reference in this contract
to the FAA or any representative thereof, or to any rights granted to
the FAA or any representative thereof, or the United States, by the
contract, makes the United States a party to this contract.
(2) Consent to assignment. The contractor shall obtain the prior
written consent of the (insert sponsor's name) to any proposed
assignment of any interest in or part of this contract.
(3) Convict labor. No convict labor may be employed under this
contract.
(4) Veterans preference. In the employment of labor (except in
executive, administrative, and supervisory positions), preference shall
be given to qualified individuals who have served in the military
service of the United States (as defined in section 101(1) of the
Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501)
and have been honorably discharged from the service, except that
preference may be given only where that labor is available locally and
is qualified to perform the work to which the employment relates.
(5) Withholding: sponsor from contractor. Whether or not payments
or advances to the (insert sponsor's name) are withheld or suspended by
the FAA, the (insert sponsor's name) may withhold or cause to be
withheld from the contractor so much of the accrued payments or advances
as may be considered necessary to pay laborers and mechanics employed by
the contractor or any subcontractor on the work the full amount of wages
required by this contract.
(6) Nonpayment of wages. If the contractor or subcontractor fails to
pay any laborer or mechanic employed or working on the site of the work
any of the wages required by this contract the (insert sponsor's name)
may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment or advance of
funds until the violations cease.
(7) FAA inspection and review. The contractor shall allow any
authorized representative of the FAA to inspect and review any work or
materials used in the performance of this contract.
(8) Subcontracts. The contractor shall insert in each of his
subcontracts the provisions contained in paragraphs (insert designation
of 6 paragraphs of contract corresponding to paragraphs (1), (3), (4),
(5), (6), and (7) of this paragraph), and also a clause requiring the
subcontractors to include these provisions in any lower tier
subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made.
(9) Contract termination. A breach of paragraphs (insert designation
of 3 paragraphs corresponding to paragraphs (6), (7), and (8) of this
paragraph) may be grounds for termination of the contract.
A contractor or subcontractor who has become liable for liquidated
damages under the provision set out in paragraph I.G of this appendix
and who claims that the amount administratively determined as liquidated
damages under section 104(a) of the Contract Work Hours and Safety
Standards Act is incorrect or that he violated inadvertently the
Contract Work Hours and Safety Standards Act, notwithstanding the
exercise of due care, may --
(1) If the amount determined is more than $100, apply to the
Administrator for a recommendation to the Secretary of Labor that an
appropriate adjustment be made or that he be relieved of liability for
the liquidated damages; or
(2) If the amount determined is $100 or less, apply to the
Administrator for an appropriate adjustment in liquidated damages or for
release from liability for the liquidated damages.
The Secretary of Labor corrects any wage determination included in
any contract under this Appendix whenever the wage determination
contains clerical errors. A correction may be made at the
Administrator's request or on the initiative of the Secretary of Labor.
When applicable by their terms, the regulations of the Secretary of
Labor (29 CFR 5.20-5.32) interpreting the ''fringe benefit provisions''
of the Davis-Bacon Act apply to the contract provisions in this
Appendix.
A sponsor who is required to include in a construction contract the
labor provisions required by this appendix shall require the contractor
to comply with those provisions and shall cooperate with the FAA in
effecting that compliance. For this purpose the sponsor shall --
(1) Keep, and preserve, the record described in paragraph IC for a
3-year period beginning on the date the contract is completed, each
affidavit and payroll copy furnished by the contractor, and make those
affidavits and copies available to the FAA, upon request, during that
period;
(2) Have each of those affidavits and payrolls examined by its
resident engineer (or any other of its employees or agents who is
qualified to make the necessary determinations), as soon as possible
after receiving it, to the extent necessary to determine whether the
contractor is complying with the labor provisions required by this
appendix and particularly with respect to whether the contractor's
employees are correctly classified;
(3) Have investigations made during the performance of work under the
contract, to the extent necessary to determine whether the contractor is
complying with those labor provisions, including in the investigations,
interviews with employees and examinations of payroll information at the
work site by the sponsor's resident engineer (or any other of its
employees or agents who is qualified to make the necessary
determinations);
(4) Keep the appropriate FAA office fully advised of all examinations
and investigations made under this appendix, all determinations made on
the basis of those examinations and investigations, and all efforts made
to obtain compliance with the labor provisions of the contract; and
(5) Give priority to complaints of alleged violations, and treat as
confidential any written or oral statements made by any employee in
connection with a complaint, and not disclose an employee's statement
made in connection with a complaint to a contractor without the
employee's consent.
(Doc. No. 19430, 45 FR 34793, May 22, 1980)
14 CFR 152.609 Pt. 152, App. B
14 CFR 152.609 Appendix B to Part 152 -- List of Advisory Circulars
Incorporated by 152.11
(a) Circulars available free of charge.
150/5100-12 -- Electronic Navigational Aids Approved for Funding
Under the Airport Development Aid Program (ADAP).
150/5190-3A -- Model Airport Hazard Zoning Ordinance.
150/5210-7A -- Aircraft Fire and Rescue Communications.
150/5210-10 -- Airport Fire and Rescue Equipment Building Guide.
150/5300-2C -- Airport Design Standards -- Site Requirements for
Terminal Navigational Facilities.
150/5300-4B -- Utility Airports -- Air Access to National
Transportation.
150/5300-6 -- Airport Design Standards -- General Aviation Airports
-- Basic and General Transport.
150/5300-8 -- Planning and Design Criteria for Metropolitan STOL
Ports.
150/5320-6B -- Airport Pavement Design and Evaluation.
150/5320-10 -- Environmental Enhancement at Airports -- Industrial
Waste Treatment.
150/5320-12 -- Methods for the Design, Construction, and Maintenance
of Skid Resistant Airport Pavement Surfaces.
150/5325-2C -- Airport Design Standards -- Airports Served by Air
Carriers -- Surface Gradient and Line-of-Sight.
150/5325-4 -- Runway Length Requirements for Airport Design.
150/5325-6A -- Airport Design Standards -- Effect and Treatment of
Jet Blast.
150/5325-8 -- Compass Calibration Pad.
150/5335-1A -- Airport Design Standards -- Airports Served by Air
Carriers -- Taxiways.
150/5335-2 -- Airport Aprons.
150/5335-3 -- Airport Design Standards -- Airports Served by Air
Carriers -- Bridges and Tunnels on Airports.
150/5335-4 -- Airport Design Standards -- Airports Served by Air
Carriers -- Runway Geometrics.
150/5340-1D -- Marking of Paved Areas on Airports.
150/5340-4C -- Installation Details for Runway Centerline and
Touchdown Zone Lighting Systems.
150/5340-5A -- Segmented Circle Airport Marker System.
150/5340-8 -- Airport 51-foot Tubular Beacon Tower.
150/5340-14B -- Economy Approach Lighting Aids.
150/5340-17A -- Standby Power for Non-FAA Airport Lighting System.
150/5340-18 -- Taxiway Guidance Sign System.
150/5340-19 -- Taxiway Centerline Lighting System.
150/5340-20 -- Installation Details and Maintenance Standards for
Reflective Markers for Airport Runway and Taxiway Centerlines.
150/5340-21 -- Airport Miscellaneous Lighting Visual Aids.
AC/5340-22 -- Maintenance Guide for Determining Degradation and
Cleaning of Centerline and Touchdown Zone Lights.
150/5340-23A -- Supplemental Wind Cones.
150/5340-24 -- Runway and Taxiway Edge Lighting System.
150/5340-25 -- Visual Approach Slope Indicator (VASI) Systems.
150/5345-1E -- Approved Airport Lighting Equipment.
150/5345-2 -- Specification for L-810 Obstruction Light.
150/5345-3C -- Specification for L-821 Panels for Remote Control of
Airport Lighting.
150/5345-4 -- Specification for L-829 Internally Lighted Airport Taxi
Guidance Sign.
150/5345-5 -- Specification for L-847 Circuit Selector Switch, 5,000
Volt 20 Ampere.
150/5345-7C -- Specification for L-824 Underground Electrical Cable
for Airport Lighting Circuits.
150/5345-10C -- Specification for L-828 Constant Current Regulators.
150/5345-11 -- Specification for L-812 Static Indoor Type Constant
Current Regulator Assembly; 4 KW and 7 1/2 KW, With Brightness Control
for Remote Operation.
150/5345-12A -- Specification for L-801 Beacon.
150/5345-13 -- Specification for L-841 Auxiliary Relay Cabinet
Assembly for Pilot Control of Airport Lighting Circuits.
150/5345-18 -- Specification for L-811 Static Indoor Type Constant
Current Regulator Assembly, 4 KW; With Brightness Control and Runway
Selection for Direct Operation.
150/5345-21 -- Specification for L-813 Static Indoor Type Constant
Current Regulator Assembly; 4 KW and 7 1/2 KW; for Remote Operation of
Taxiway Lights.
150/5345-26A -- Specification for L-823 Plug and Receptacle. Cable
Connectors.
150/5345-27A -- Specification for L-807 Eight-foot and Twelve-foot
Unlighted or Externally Lighted Wind Cone Assemblies.
150/5345-28C -- Specification for L-851 Visual Approach Slope
Indicators and Accessories.
150/5345-36 -- Specification for L-808 Lighted Wind Tee.
150/5345-39A -- FAA Specification for L-853, Runway and Taxiway
Retroreflective Markers.
150/5345-42A -- FAA Specification L-857, Airport Light Bases,
Transformer Housings, and Junction Boxes.
150/5345-43B -- FAA/DOD Specification L-856, High Intensity
Obstruction Lighting Systems.
150/5345-44A -- Specification for L-858 Retroreflective Taxiway
Guidance Sign.
150/5345-45 -- Lightweight Approach Light Structure.
150/5345-46 -- Specification for Semiflush Airport Lights.
150/5345-47 -- Isolation Transformers for Airport Lighting Systems.
150/5345-48 -- Specification for Runway and Taxiway Edge Lights.
150/5360-6 -- Airport Terminal Building Development with Federal
Participation.
150/5360-7 -- Planning and Design Considerations for Airport Terminal
Building Development.
150/5370-7 -- Airport Construction Controls to Prevent Air and Water
Pollution.
150/5370-9 -- Slip-Form Paving -- Portland Cement Concrete.
150/5370-11 -- Use of Nondestructive Testing Devices in the
Evaluation of Airport Pavements.
(b) Circulars for sale.
150/5320-5B -- Airport Drainage; $1.30.
150/5370-10 -- Standards for Specifying Construction of Airports;
$7.25.
150/5390-1A -- Heliport Design Guide; $1.50.
(Doc. No. 19430, 45 FR 34795, May 22, 1980)
14 CFR 152.609 Pt. 152, App. C
14 CFR 152.609 Appendix C to Part 152 -- Procurement Procedures and
Requirements
There is set forth below procurement procedures and requirements
applicable to grants for airport development under the Airport and
Airway Development Act of 1970.
1. General. Each contract under a project must meet the requirements
of local law and the requirements and standards contained in this
appendix. The sponsor shall establish procedures for procurement of
supplies, equipment, construction, and services funded under the project
which meet the requirements of Attachment O of Office of Management and
Budget (OMB) Circular A-102 (44 FR 47874) and of this appendix. Subject
to funding and time limitations, the FAA reviews the sponsor's
procurement system to determine whether it may be certified in
accordance with Attachment O of OMB Circular A-102.
2. Out-of-state labor. No procedure or requirement shall be imposed
by any grantee which will operate to discriminate against the employment
of labor from any other State, possession, or territory of the United
States in the construction of a project.
3. Bid guarantee. All bids for construction or facility improvement
in excess of $100,000 shall be accompanied by a bid guarantee consisting
of a firm commitment such as a bid bond, certified check or other
negotiable instrument equivalent to five percent of the bid price as
assurance that the bidder will, upon acceptance of his bid, execute such
contractual documents as may be required within the time specified.
4. Construction work. All construction work under a project must be
performed under contract, except in a case where the Administrator
determines that the project, or a part of it, can be more effectively
and economically accomplished on a force account basis by the sponsor or
by another public agency acting for or as agent of the sponsor.
5. Change order. Unless otherwise authorized by the Administrator,
no sponsor may issue any change order under any of its construction
contracts or enter into a supplemental agreement unless three copies of
that order or agreement have been sent to, and approved by, the FAA.
6. Beginning work. No sponsor may allow a contractor or
subcontractor to begin work under a project until --
a. The sponsor has furnished three conformed copies of the contract
to the appropriate FAA office;
b. The sponsor has, if applicable, submitted a statement that
comparable replacement housing, as defined in 25.15 of the Regulations
of the Office of the Secretary of Transportation, will be available
within a reasonable period of time before displacement.
c. The appropriate FAA office has agreed to the issuance of a notice
to proceed with the work to the contractor.
7. Supervision and inspection. No work will be commenced until the
sponsor has provided for adequate supervision and inspection of
construction and advised the appropriate FAA office.
8. Engineering and planning services. Unless otherwise authorized by
the Administrator, each proposal for engineering and planning services
shall be reviewed by FAA before the commencement of the development of
design plans and specifications.
9. Advertising general. Unless the Administrator approves another
method for use on a particular airport development project, each
contract and supplemental agreement for construction work on a project
in the amount of more than $10,000 must be awarded on the basis of
public advertising and open competitive bidding under the local law
applicable to the letting of public contracts.
10. Advertising: conditions and contents. There may be no
advertisement for bids on, or negotiation of, a construction contract or
supplemental agreement until the Administrator has either approved the
plans and specifications or accepted a certification in accordance with
152.7 that they meet all applicable standards prescribed by this part.
The advertisement shall inform the bidders of the equal employment
opportunity requirements of part 152. Unless the estimated contract
price or construction cost in $2,000 or less, there may be no
advertisement for bids or negotiations until the Administrator has given
the sponsor a copy of a decision of the Secretary of Labor establishing
the minimum wage rates for skilled and unskilled labor under the
proposed contract. In each case, a copy of the wage determination
decision, including fringe benefits, must be set forth in the initial
invitation for bids or proposed contract, or incorporated therein by
reference to a copy set forth in the advertised or negotiated
specifications.
11. Procedures for obtaining wage determinations. (a) Specific
request for wage determination. At least 60 days before the intended
date of advertising or negotiating of this section, the sponsor shall
send to the appropriate FAA office, completed Department of Labor Form
DB-11 or DB-11(a), as appropriate, with only the classifications needed
in the performance of the work checked. General entries (such as
''entire schedule'' or ''all applicable classifications'') may not be
used. Additional necessary classifications not on the form may be typed
in the blank spaces or on an attached separate list. A classification
that can be fitted into classifications on the form, or a classification
that is not generally recognized in the area or in the industry, may not
be used. Except in areas where the wage patterns are clearly
established, the Form must be accompanied by any available pertinent
wage payment or locally prevailing fringe benefit information.
(b) General wage determination. Whenever the wage patterns in a
particular area for a particular type of construction are well settled
and whenever it may be reasonably anticipated that there will be a large
volume of procurement in that area for that type of construction, the
Secretary of Labor, upon the request of a Federal agency or in his
discretion, may issue a general wage determination when, after
consideration of the facts and circumstances involved, he finds that the
applicable statutory standards and those of part 1, 29 CFR, subtitle A,
will be met. This general wage determination is used for all projects
located in the area and for the type of construction covered by the
general wage determination.
12. Advertising: wage determinations. (a) Wage determinations are
effective only for 120 days from the date of the determinations. If it
appears that a determination may expire between bid opening and award,
the sponsor shall so advise the FAA as soon as possible. If it wishes a
new request for wage determination to be made and if any pertinent
circumstances have changed, it shall submit the appropriate form of the
Department of Labor and accompanying information. If it claims that the
determination expires before award and after bid opening due to
unavoidable circumstances, it shall submit proof of the facts which it
claims support a finding to that effect.
(b) The Secretary of Labor may modify any wage determination before
the award of the contract or contracts for which it was sought. If the
proposed contract is awarded on the basis of public advertisement and
open competitive bidding, any modification that the FAA receives less
than 10 days before the opening of bids is not effective, unless the
Administrator finds that there is reasonable time to notify bidders. A
modification may not continue in effect beyond the effective period of
the wage determination to which it relates. The Administrator sends any
modification to the sponsor as soon as possible. If the modification is
effective, it must be incorporated in the invitation for bids, by
issuing an addendum to the specifications or otherwise.
13. Awarding contracts. (a) A sponsor may not award a construction
contract without the written concurrence of the Administrator (through
the appropriate FAA office) that the contract prices are reasonable. A
sponsor that awards contracts on the basis of public advertising and
open competitive bidding, shall, after the bids are opened, send a
tabulation of the bids and its recommendations for award to the
appropriate FAA office. The sponsor may not accept a bid by a
contractor whose name appears on the current list of ineligible
contractors published by the Comptroller General of the United States
under 5.6(b) of the regulations of the Secretary of Labor (29 CFR part
5), or a bid by any firm, corporation, partnership, or association in
which an ineligible contractor has a substantial interest.
(b) A sponsor's proposed contract must have pre-award review and
approval by the FAA in any of the following circumstances:
(1) The sponsor's procurement system is not in compliance with one or
more significant aspects of Attachment O of OMB Circular A-102 or with
the standards of this appendix.
(2) The procurement is expected to exceed $10,000 and is to be
awarded without competition or only one bid or offer is received in
response to solicitation.
(3) The procurement is expected to exceed $10,000 and specifies a
''brand name'' product.
(c) The FAA may require pre-award review and approval of a sponsor's
proposed contract under any of the following circumstances:
(1) The sponsor's procurement system has not yet been reviewed by the
FAA for compliance with OMB Circular A-102 and this appendix.
(2) The sponsor has requested pre-award assistance.
(3) The proposal is for automatic data processing in accordance with
paragraph C1 of Attachment B to Federal Management Circular 74-4 (39 FR
27133; 43 FR 50977).
(4) The proposal is one of a series with the same firm.
(5) The proposal is to be performed outside the recipient's
established procurement system or office.
(6) The proposal is for construction and is to be awarded through the
negotiation procurement method or without competition.
14. Force account work. Before undertaking any force account
construction work, the sponsor (or any public agency acting as agent for
the sponsor) must obtain the written consent of the Administrator
through the appropriate FAA office. In requesting that consent, the
sponsor must submit --
(a) Adequate plans and specifications showing the nature and extent
of the construction work to be performed under that force account;
(b) A schedule of the proposed construction and of the construction
equipment that will be available for the project;
(c) Assurance that adequate labor, material, equipment, engineering
personnel, as well as supervisory and inspection personnel as required
by this appendix, will be provided; and
(d) A detailed estimate of the cost of the work, broken down for each
class of costs involved, such as labor, materials, rental of equipment,
and other pertinent items of cost.
15. Each sponsor shall --
(a) Include the equal opportunity clause required by 41 CFR 60-1.4(b)
in each nonexempt construction contract and subcontract;
(b) Prior to the award of each nonexempt contract, require each prime
contractor and subcontractor to submit the certification required by 41
CFR 60-1.8(b);
(c) Include the Notice of Requirement for Affirmative Action to
Ensure Equal Employment Opportunity (Executive Order 11246) required by
41 CFR 60-4.2 in all solicitations for offers and bids on each nonexempt
construction contract and subcontract;
(d) Include the Standard Federal Equal Employment Opportunity
Construction Contract Specifications (Executive Order 11246) required by
41 CFR 60-4.3(a) in each nonexempt construction contract and
subcontract.
16. Exceptions. (a) Paragraphs 1 through 5 and paragraphs 9 through
13 of this section do not apply to contracts with the owners of airport
hazards, buildings, pipelines, powerlines, or other structures or
facilities, for installing, extending, changing, removing, or relocating
any of those structures or facilities. However, the sponsor must obtain
the approval of the appropriate FAA office before entering into such a
contract.
(b) Any oral or written agreement or understanding between a sponsor
and another public agency that is not a sponsor of the project, under
which that public agency undertakes construction work for or as agent of
the sponsor, is not considered to be a construction contract for the
purposes of this appendix.
(Doc. No. 19430, 45 FR 34796, May 22, 1980)
14 CFR 152.609 Pt. 152, App. D
14 CFR 152.609 Appendix D to Part 152 -- Assurances
There is set forth below the assurances that the sponsor or planning
agency must submit with its application in accordance with 152.111 or
152.113, as applicable.
Each applicant for an airport development grant or an airport
planning grant shall submit the following assurance:
The applicant hereby assures and certifies that it will comply with
the regulations, policies, guidelines, and requirements, including
Office of Management and Budget Circulars No. A-95 (41 FR 2052), A-102
(42 FR 45828), and FMC 74-4 (39 FR 27133; as amended by 43 FR 50977),
as they relate to the application, acceptance, and use of Federal funds
for this federally-assisted project.
A. Assurances. Each applicant for an airport development grant shall
submit the following assurances:
1. Authority of applicant. It possesses legal authority to apply for
the grant, and to finance and construct the proposed facilities; that a
resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body, authorizing the
filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection
with the application and to provide such additional information as may
be required.
2. E.O. 11296 and E.O. 11288. It will comply with the provisions of:
Executive Order 11296, relating to evaluation of flood hazards, and
Executive Order 11288, relating to the prevention, control, and
abatement of water pollution.
3. Sufficiency of funds. It will have sufficient funds available to
meet the non-Federal share of the cost for construction projects.
Sufficient funds will be available when construction is completed to
assure effective operation and maintenance of the facility for the
purposes constructed.
4. Construction. It will obtain approval by the appropriate Federal
agency of the final working drawings and specifications before the
project is advertised or placed on the market for bidding; that it will
construct the project, or cause it to be constructed, to final
completion in accordance with the application and approved plans and
specification; that it will submit to the appropriate Federal agency
for prior approval changes that alter the costs of the project, use of
space, or functional layout; that it will not enter into a construction
contract(s) for the project or undertake other activities until the
conditions of the construction grant program(s) have been met.
5. Supervision, inspection, and reporting. It will provide and
maintain competent and adequate architectural engineering supervision
and inspection at the construction site to insure that the completed
work conforms with the approved plans and specifications; that it will
furnish progress reports and such other information as the Federal
grantor agency may require.
6. Operation of facility. It will operate and maintain the facility
in accordance with the minimum standards as may be required or
prescribed by the applicable Federal, State and local agencies for the
maintenance and operation of such facilities.
7. Access to records. It will give the grantor agency and the
Comptroller General through any authorized representative access to and
the right to examine all records, books, papers, or documents related to
the grant.
8. Access for handicapped. It will require the facility to be
designed to comply with part 27, Nondiscrimination on the Basis of
Handicap in Federallly Assisted Programs and Activities Receiving or
Benefiting from Federal Financial Assistance, of the Regulations of the
Office of the Secretary of Transportation (49 CFR part 27). The
applicant will be responsible for conducting inspections to insure
compliance with these specifications by the contractor.
9. Commencement and completion. It will cause work on the project to
be commenced within a reasonable time after receipt of notification from
the approving Federal agency that funds have been approved and that the
project will be prosecuted to completion with reasonable diligence.
10. Disposition of interest. It will not dispose of or encumber its
title or other interests in the site and facilities during the period of
Federal interest or while the Government holds bonds, whichever is the
longer.
11. Civil Rights. It will comply with Title VI of the Civil Rights
Act of 1964 (Pub. L. 88-352) and in accordance with Title VI of that
Act, no person in the United States shall, on the ground of race, color,
or national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity for which the applicant receives Federal financial
assistance and will immediately take any measures necessary to
effectuate this agreement. If any real property or structure thereon is
provided or improved with the aid of Federal financial assistance
extended to the Applicant, this assurance shall obligate the Applicant,
or in the case of any transfer of such property, any transferee, for the
period during which the real property or structure is used for a purpose
for which the Federal financial assistance is extended or for another
purpose involving the provision of similar services or benefits.
12. Private gain. It will establish safeguards to prohibit employees
from using their positions for a purpose that is or gives the appearance
of being motivated by a desire for private gain for themselves or
others, particularly those with whom they have family, business, or
other ties.
13. Relocation assistance. It will comply with the requirements of
Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (Pub. L. 91-646) which
provides for fair and equitable treatment of persons displaced as a
result of Federal and federally assisted programs.
14. OMB Circular A-102. It will comply with all requirements imposed
by the Federal grantor agency concerning special requirements of law,
program requirements, and other administrative requirements approved in
accordance with Office of Management and Budget Circular No. A-102.
15. Hatch Act. It will comply with the provisions of the Hatch Act
which limit the political activity of employees.
16. Federal Fair Labor Standards Act. It will comply with the
minimum wage and maximum hours provisions of the Federal Fair Labor
Standards Act, as they apply to hospital and eduational institution
employees of State and local governments.
17. Effective date and duration. These covenants shall become
effective upon acceptance by the sponsor of an offer of Federal aid for
the Project or any portion thereof, made by the FAA and shall constitute
a part of the Grant Agreement thus formed. These covenants shall remain
in full force and effect throughout the useful life of the facilities
developed under this Project, but in any event not to exceed twenty (20)
years from the date of said acceptance of an offer of Federal aid for
the Project. However, these limitations on the duration of the
covenants do not apply to the covenant against exclusive rights and real
property acquired with Federal funds. Any breach of these covenants on
the part of the sponsor may result in the suspension or termination of,
or refusal to grant Federal assistance under, FAA administered programs,
or such other action which may be necessary to enforce the rights of the
United States under this agreement.
18. Conditions and limitations on airport use. The Sponsor will
operate the Airport as such for the use and benefit of the public. In
furtherance of this covenant (but without limiting its general
applicability and effect), the Sponsor specifically agrees that it will
keep the Airport open to all types, kinds, and classes of aeronautical
use on fair and reasonable terms without discrimination between such
types, kinds, and classes. Provided, that the sponsor may establish
such fair, equal, and not unjustly discriminatory conditions to be met
by all users of the airport as may be necessary for the safe and
efficient operation of the Airport; and Provided further, That the
Sponsor may prohibit or limit any given type, kind, or class of
aeronautical use of the Airport if such action is necessary for the safe
operation of the Airport or necessary to serve the civil aviation needs
of the public.
19. Exclusive right. The Sponsor --
a. Will not grant or permit any exclusive right forbidden by Section
308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the
Airport, or at any other airport now owned or controlled by it;
b. Agrees that, in furtherance of the policy of the FAA under this
covenant, unless authorized by the Administrator, it will not, either
directly or indirectly, grant or permit any person, firm or corporation
the exclusive right at the Airport, or at any other airport now owned or
controlled by it, to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct
relationship to the operation of aircraft can be regarded as an
aeronautical activity.
c. Agrees that it will terminate any existing exclusive right to
engage in the sale of gasoline or oil, or both, granted before July 17,
1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the
exclusive right; and
d. Agrees that it will terminate any other exclusive right to conduct
an aeronautical activity now existing at such an airport before the
grant of any assistance under the Airport and Airway Development Act.
20. Public use and benefit. The Sponsor agrees that it will operate
the Airport for the use and benefit of the public, on fair and
reasonable terms, and without unjust discrimination. In furtherance of
the covenant (but without limiting its general applicability and
effect), the Sponsor specifically covenants and agrees:
a. That in its operation and the operation of all facilities on the
Airport, neither it nor any person or organization occupying space or
facilities thereon will discriminate against any person or class of
persons by reason of race, color, creed, or national origin in the use
of any of the facilities provided for the public on the Airport.
b. That in any agreement, contract, lease or other arrangement under
which a right or privilege at the Airport is granted to any person,
firm, or corporation to conduct or engage in any aeronautical activity
for furnishing services to the public at the Airport, the Sponsor will
insert and enforce provisions requiring the contractor --
(1) To furnish said service on a fair, equal, and not unjustly
discriminatory basis to all users thereof, and
(2) To charge fair, reasonable, and not unjustly discriminatory
prices for each unit or service; Provided, That the contractor may be
allowed to make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
c. That it will not exercise or grant any right or privilege which
would operate to prevent any person, firm or corporation operating
aircraft on the Airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance and
repair) that it may choose to perform.
d. In the event the Sponsor itself exercises any of the rights and
privileges referred to in subsection b, the services involved will be
provided on the same conditions as would apply to the furnishing of such
services by contractors or concessionaires of the Sponsor under the
provisions of such subsection b.
21. Nonaviation activities. Nothing contained herein shall be
construed to prohibit the granting or exercise of an exclusive right for
the furnishing of nonaviation products and supplies or any service of a
nonaeronautical nature or to obligate the Sponsor to furnish any
particular nonaeronautical service at the Airport.
22. Operation and maintenance of the airport. The Sponsor will
operate and maintain in a safe and serviceable condition the Airport and
all facilities thereon and connected therewith which are necessary to
serve the aeronautical users of the Airport other than facilities owned
or controlled by the United States, and will not permit any activity
thereon which would interfere with its use for airport purposes;
Provided, That nothing contained herein shall be construed to require
that the Airport be operated for aeronautical uses during temporary
periods when snow, flood, or other climatic conditions interfere with
such operation and maintenance; and Provided further, That nothing
herein shall be construed as requiring the maintenance, repair,
restoration or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the Sponsor. In
furtherance of this covenant the sponsor will have in effect at all
times arrangements for --
a. Operating the airport's aeronautical facilities whenever required;
b. Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
c. Promptly notifying airmen of any condition affecting aeronautical
use of the Airport.
23. Airport Hazards. Insofar as it is within its power and
reasonable, the Sponsor will, either by the acquisition and retention of
easements or other interests in or rights for the use of land or
airspace or by the adoption and enforcement of zoning regulations,
prevent the construction, erection, alteration, or growth of any
structure, tree, or other object in the approach areas of the runways of
the Airport, which would constitute an airport hazard.
In addition, the Sponsor will not erect or permit the erection of any
permanent structure or facility which would interfere materially with
the use, operation, or future development of the Airport, in any portion
of a runway approach area in which the Sponsor has acquired, or
hereafter acquires, property interests permitting it to so control the
use made of the surface of the land.
24. Use of adjacent land. Insofar as it is within its power and
reasonable, the Sponsor will, either by the acquisition and retention of
easements or other interests in or rights for the use of land or
airspace or by the adoption and enforcement of zoning regulations, take
action to restrict the use of land adjacent to or in the immediate
vicinity of the Airport to activities and purposes compatible with
normal airport operations including landing and takeoff of aircraft.
25. Airport layout plan. The Sponsor will keep up to date at all
times an airport layout plan of the Airport showing (1) boundaries of
the Airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the Sponsor for
airport purposes, and proposed additions thereto; (2) the location and
nature of all existing and proposed airport facilities and structures
(such as runways, taxiways, aprons, terminal buildings, hangars and
roads), including all proposed extensions and reductions of existing
airport facilities; and (3) the location of all existing and proposed
nonaviation areas and of all existing improvements thereon. Such
airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the FAA, which approval
shall be evidenced by the signature of a duly authorized representative
of the FAA on the face of the airport layout plan. The Sponsor will not
make or permit any changes or alterations in the airport or in any of
its facilities other than in conformity with the airport layout plan as
so approved by the FAA, if such changes or alterations might adversely
affect the safety, utility, or efficiency of the Airport.
26. Federal use of facilities. All facilities of the Airport
developed with Federal aid and all those usable for the landing and
taking off of aircraft, will be available to the United States at all
times, without charge, for use by government aircraft in common with
other aircraft, except that if the use by government aircraft is
substantial, a reasonable share, proportional to such use, of the cost
of operating and maintaining facilities so used, may be charged. Unless
otherwise determined by the FAA, or otherwise agreed to by the Sponsor
and the using agency, substantial use of an airport by government
aircraft will be considered to exist when operations of such aircraft
are in excess of those which, in the opinion of the FAA, would unduly
interfere with use of the landing area by other authorized aircraft, or
during any calendar month that --
a. Five (5) or more government aircraft are regularly based at the
airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement
and each takeoff as a movement) of government aircraft is 300 or more,
or the gross accumulative weight of government aircraft using the
Airport (the total movements of government aircraft multiplied by gross
certified weights of such aircraft) is in excess of five million pounds.
27. Areas for FAA Use. Whenever so requested by the FAA, the Sponsor
will furnish without cost to the Federal Government, for construction,
operation, and maintenance of facilities for air traffic control
activities, or weather reporting activities and communication activities
related to air traffic control, such areas of land or water, or estate
therein, or rights in buildings of the Sponsor as the FAA may consider
necessary or desirable for construction at Federal expense of space or
facilities for such purposes. The approximate amounts of areas and the
nature of the property interests and/or rights so required will be set
forth in the Grant Agreement relating to the project. Such areas or any
portion thereof will be made available as provided herein within 4
months after receipt of written requests from the FAA.
28. Fee and rental structure. The airport operator or owner will
maintain a fee and rental structure for the facilities and services
being provided the airport users which will make the Airport as
self-sustaining as possible under the circumstances existing at the
Airport, taking into account such factors as the volume of traffic and
economy of collection.
29. Reports to FAA. The Sponsor will furnish the FAA with such
annual or special airport financial and operational reports as may be
reasonably requested. Such reports may be submitted on forms furnished
by the FAA, or may be submitted in such manner as the Sponsor elects so
long as the essential data are furnished. The Airport and all airport
records and documents affecting the Airport, including deeds, leases,
operation and use agreements, regulations, and other instruments, will
be made available of inspection and audit by the Secretary and the
Comptroller General of the United States, or their duly authorized
representatives, upon reasonable request. The Sponsor will furnish to
the FAA or to the General Accounting Office, upon request, a true copy
of any such document.
30. System of accounting. All project accounts and records will be
kept in accordance with a standard system of accounting if so prescribed
by the Secretary.
31. Interfering right. If at any time it is determined by the FAA
that there is any outstanding right or claim of right in or to the
Airport property, other than those set forth in Part II of the
Application for Federal Assistance, the existence of which creates an
undue risk of interference with the operation of the Airport or the
performance of the covenants of this part, the sponsor will acquire,
extinguish, or modify such right or claim of right in a manner
acceptable to the FAA.
32. Performance obligation. The Sponsor will not enter into any
transaction which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the covenants made herein,
unless by such transaction the obligation to perform all such covenants
is assumed by another public agency found by the FAA to be eligible
under the Act and Regulations to assume such obligations and having the
power, authority, and financial resources to carry out all such
obligations. If an arrangement is made for management or operation of
the Airport by any agency or person other than the Sponsor or an
employee of the Sponsor, the Sponsor will reserve sufficient rights and
authority to insure that the Airport will be operated and maintained in
accordance with the Act, the Regulations, and these covenants.
33. Meaning of terms. Unless the context otherwise requires, all
terms used in these covenants which are defined in the Act and the
Regulations shall have the meanings assigned to them therein.
B. Airport Layout Plan Approval. A sponsor seeking FAA approval of a
new or revised airport layout plan shall submit with the plan an
environmental assessment prepared in conformance with Appendix 6 of FAA
Order 1050.1C, ''Policies and Procedures for Considering Environmental
Impacts'' (45 FR 2244; January 10, 1980) and FAA Order 5050.4 ''Airport
Environmental Handbook'' (45 FR 56622; August 25, 1980), if an
assessment is required by Order 5050.4.
Each applicant for an airport planning grant shall submit the
assurances numbered 1 (except for the phrase ''and to finance and
construct the proposed facilities''), 7, 9, 11 (except for the last
sentence), and 12, 14, 15, 30, and 33 of Part II of this appendix.
(Airport and Airway Development Act of 1970, as amended (49 U.S.C.
1701 et seq.); sec. 1.47(f)(1) Regulations of the Office of the
Secretary of Transportation (49 CFR 1.47(f) (1)))
(Doc. No. 19430, 45 FR 34797, May 22, 1980, as amended by Amdt.
152-11, 45 FR 56622, Aug. 25, 1980)
14 CFR 152.609 PART 153 -- ACQUISITION OF U.S. LAND FOR PUBLIC AIRPORTS
Sec.
153.1 Applicability and purpose.
153.3 Public agencies eligible for conveyances.
153.5 Requests for conveyances.
153.7 Form and content of requests for conveyances.
153.9 Determinations by the Administrator.
153.11 Determinations and conveyances by head of controlling
department or agency.
153.13 Covenants in conveyances.
153.15 Reverter clause in conveyances.
Authority: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a),
314, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C.
1101-1119, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622b,
1622c.
14 CFR 153.1 Applicability and purpose.
(a) General. This part applies to the acquiring by public agencies,
under section 16 of the Federal Airport Act (49 U.S.C. 1115), of
property interests in land owned or controlled by the United States, the
use of which is necessary to carry out a project under the Federal-aid
Airport Program or to operate a public airport. If the Administrator
determines that such a property interest is reasonably necessary to
carry out such a project or to operate a public airport, he is
authorized by section 16 of the Act to request the head of the
department, board, bureau, commission, or other agency in the executive
branch of the Federal Government, or corporation wholly owned by the
United States (in this part called the ''department or agency,'') that
owns or controls that property interest to convey so much of it as the
Administrator considers necessary, to the public agency sponsoring the
project concerned or owning or controlling the airport concerned, as the
case may be. The head of that department or agency is then required to
determine whether the conveyance is inconsistent with the needs of that
department or agency. If he determines that it is not inconsistent with
those needs, he shall make the conveyance as provided in 153.11.
(b) Definition of ''airport purposes''. For the purposes of this
part, ''airport purposes'' means uses of property interests in land that
are directly related to the actual operation or the foreseeable
aeronautical development of a public airport. It includes --
(1) Operational use. Use of property interests for aerial
approaches, navaids, runways, taxiways, aprons, or other aircraft
movement areas;
(2) Future developmental use. Reservation of property interests for
foreseeable aeronautical development (for example, a planned runway
extension or a planned terminal building development);
(3) Essential support services use. Use of property interests for
activities directly supporting flight operations (for example, aircraft
maintenance, fueling, and servicing; mail, passenger, and cargo
processing facilities; communications, and air traffic control; crash
rescue, fire fighting, and airport maintenance); and
(4) Complementary activities use. Use of property interests for
facilities or services that enhance the utility or convenience of the
aeronautical services (for example, facilities to provide food, shelter,
surface transportation, or vehicular parking).
(49 U.S.C. 1120)
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
153-3, 33 FR 14108, Sept. 18, 1968)
14 CFR 153.3 Public agencies eligible for conveyances.
A State, Puerto Rico, the Virgin Islands, Guam, or the District of
Columbia, any agency of any of them, a municipality or other political
subdivision, or a tax-supported organization, may request a conveyance
of a property interest under this part if --
(a) It plans to use that property interest for or in connection with
--
(1) Developing a public airport as a project under the Federal-aid
Airport Program;
(2) Improving, developing, or protecting an existing public airport,
whether or not in connection with a project under that Program; or
(3) Establishing or constructing a new public airport, whether or not
in connection with a project under that Program;
(b) It has legal authority to accept the conveyance; to engage in
the kind of airport development described in 151.35 of this chapter,
improvement, or construction necessary to benefit fully from the
conveyance; to establish, operate, and maintain the proposed or
existing airport; and to raise funds necessary for the proposed
development, improvement, or construction and for financing the
operation and maintenance of the Airport;
(c) It has enough funds, or will be able to get them, to pay for any
development, improvement, or construction that is necessary to benefit
reasonably from the conveyance, and to operate and maintain the airport;
and
(d) It is not in default on any obligation to the United States in
connection with developing, operating, or maintaining an airport.
(49 U.S.C. 1120)
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
153-3, 33 FR 14108, Sept. 18, 1968)
14 CFR 153.5 Requests for conveyances.
A public agency that is eligible under 153.3 may request a
conveyance of a property interest under this part by filing a request
for it in quadruplicate with the Regional Airports Division Manager for
the region in which the property interest is located.
(49 U.S.C. 1120)
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
153-3, 33 FR 14108, Sept. 18, 1968; Amdt. 153-6, 54 FR 39295, Sept.
25, 1989)
14 CFR 153.7 Form and content of requests for conveyances.
(a) A request for a conveyance of a property interest under this part
need not be in any special form. However, the public agency applying
must provide enough information to enable the Administrator to determine
--
(1) That it is eligible to request the conveyance;
(2) That it will accept the conveyance subject to the conditions and
covenants in the deed of conveyance;
(3) That the property interest requested is reasonably necessary to
carry out a project under the Federal-aid Airport Program or to operate
a public airport; and
(4) The extent of the property interest that is necessary to
accomplish the purpose.
(b) Each public agency requesting a conveyance must send with its
request, or as soon thereafter as possible, the following information,
if applicable and available, together with any other information
requested by the Administrator:
(1) Its name and address.
(2) The name, location, and ownership of the airport concerned, or if
the airport is not in existence, the proposed name, the approved
location, and the prospective owner.
(3) If the airport is being operated under a lease or agreement from
the public agency, a copy of the lease or agreement.
(4) A statement of its legal authority and financial ability to
develop, improve, construct, operate, and maintain the airport.
(5) The name of the department or agency of the United States that
owns or controls the property interest.
(6) A legal description of the land requested, and the amount of
acreage, if applicable.
(7) A list of all improvements on the land and the use or disposition
to be made thereof.
(8) A statement of the specific property interest, such as fee title,
leasehold, easement, permit, license, or other interest, that it needs.
(9) A complete justification of its need for the property interest,
supported by any maps, charts, photographs, or other documents that may
be necessary to show the need for that property interest, and if use of
other land might fill the need, a statement of the particular advantage
of the United States land over the other suitable land.
(10) A statement of the plans and commitments for the financing of or
accomplishing any development, improvement, or construction requiring
the use of the property interest.
(11) An estimated date on which the property interest will be needed.
(12) The status of any project for developing the airport concerned
under the Federal-aid Airport Program.
(13) A statement that it has the legal authority to accept a
conveyance subject to the covenants and reverter clause described in
153.13, and 153.15.
(c) Each request for a conveyance under this part must be signed by
an officer of the public agency concerned who has been authorized by it
to file the request. The request must be accompanied by a certified
copy of a resolution or ordinance authorizing him to file the request
and indicating that the public agency is willing to accept the
conveyance subject to the covenants and reverter clause described in
153.13 and 153.15. In addition, the resolution or ordinance should
indicate that the public agency is willing to accept the property
subject to other terms that may be imposed by the United States, and
subject to any changes in the boundaries or acreage that might be
acceptable to the Administrator so far as they concern the development
or use of the property for public airport purposes, to avoid having to
pass another resolution or ordinance if terms and conditions in addition
to those required by 153.13 and 153.15 are placed in the deed of
conveyance or a change in the boundaries or acreage becomes necessary.
(49 U.S.C. 1120)
(Doc. No. 1329, 27 FR 12360, Dec. 13, 1962, as amended by Amdt.
153-3, 33 FR 14108, Sept. 18, 1968)
14 CFR 153.9 Determinations by the Administrator.
The Administrator reviews each request for a conveyance under this
part and determines whether the public agency requesting the conveyance
is eligible and a conveyance is proper, under section 16 of the Federal
Airport Act and this part. If he decides that the public agency is
eligible and the conveyance is proper, he requests the head of the
department or agency owning or controlling the property interest to
convey to the public agency as much of an interest as the Administrator
considers to be necessary, without consideration, other than the
benefits to accrue to the public and the United States from the use of
the land for airport purposes.
(Docket No. 1329, 27 FR 12360, Dec. 13, 1962)
14 CFR 153.11 Determinations and conveyances by head of controlling
department or agency.
(a) Upon receiving a request for a conveyance under this part from
the Administrator, the head of the department or agency owning or
controlling the property interest requested is required, by section
16(b) of the Federal Airport Act, to determine whether the conveyance is
inconsistent with the needs of his department or agency, and to notify
the Administrator of his determination within four months after
receiving the Administrator's request.
(b) Section 16(b) of the Act provides that, if the head of the
department or agency concerned determines that the requested conveyance
is not inconsistent with those needs, he shall, upon the approval of the
Attorney General and the President, perform any acts and execute any
instruments necessary to make the conveyance, without expense to the
United States.
(Docket No. 1329, 27 FR 12360, Dec. 13, 1962)
14 CFR 153.13 Covenants in conveyances.
Whenever the Administrator requests a department or agency to make a
conveyance under this part, he also requests that the instrument of
conveyance contain, as a covenant binding on the grantee, its successors
and assigns, a provision --
(a) That the grantee will use the property interest for airport
purposes, and will develop that interest for airport purposes within one
year after the date of this conveyance;
(b) That the airport, and its appurtenant areas and its buildings and
facilities, whether or not on the land conveyed, will be operated as a
public airport on fair and reasonable terms, without discrimination on
the basis of race, color, creed, or national origin, as to airport
employment practices, and as to accommodations, services, facilities and
other public uses of the airport;
(c) That the grantee will not grant or permit any exclusive right
forbidden by section 308(a) of the Federal Aviation Act of 1958 (49
U.S.C. 1349(a)) at the airport, or at any other airport now or hereafter
owned or controlled by it;
(d) That in furtherance of the policy of the FAA under this covenant
the grantee --
(1) Agrees that, unless authorized by the Administrator, it will not,
either directly or indirectly, grant or permit any person, firm, or
corporation the exclusive right at the airport, or at any other airport
now or hereafter owned or controlled by it, to conduct any aeronautical
activities, including, but not limited to, charter flights, pilot
training, aircraft rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether
or not conducted in conjunction with other aeronautical activity, repair
and maintenance of aircraft, sale of aircraft parts, and any other
activities which because of their direct relationship to the operation
of aircraft can be regarded as an aeronautical activity;
(2) Agrees that it will terminate any existing exclusive right to
engage in the sale of gasoline or oil, or both, granted before July 17,
1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the
exclusive right; and
(3) Agrees that it will terminate forthwith any other exclusive right
to conduct any aeronautical activity now or hereafter existing at such
an airport;
(e) That any later transfer of the property interest conveyed will be
subject to the covenants and conditions in the instrument of conveyance;
(f) That, if the covenant to develop the property interest for
airport purposes within 1 year after the date of this conveyance is
breached, the Federal Aviation Administrator may give notice to the
grantee requiring him to take specified action towards development
within a fixed period. These notices may be issued repeatedly, and
outstanding notices may be amended or supplemented. Upon expiration of
a period so fixed without completion by the grantee of the required
action, the Federal Aviation Administrator may, on behalf of the United
States, enter, and take title to, the property interest conveyed or, in
his discretion, that part of that interest to which the breach relates;
(g) That, if any covenant or condition in the instrument of
conveyance, other than the foregoing covenant, is breached, the Federal
Aviation Administrator may, on behalf of the United States, immediately
enter, and take title to, the property interest conveyed or, in his
discretion, that part of that interest to which the breach relates; and
(h) That a determination by the Federal Aviation Administrator that
one of the foregoing covenants has been breached is conclusive of the
facts; and that, if the right of entry and possession of title
stipulated in the foregoing covenants is exercised, the grantee will,
upon demand of the Federal Aviation Administrator, take any action
(including prosecution of suit or executing of instruments) that may be
necessary to evidence transfer to the United States of title to the
property interest conveyed, or, in the Administrator's discretion, to
that part of that interest to which the breach relates.
(Amdt. 153-3, 33 FR 14108, Sept. 18, 1968, as amended by Amdt.
153-4, 34 FR 3656, Mar. 1, 1969; Amdt. 153-5, 34 FR 9617, June 19,
1969)
14 CFR 153.15 Reverter clause in conveyances.
Whenever the Administrator requests a department or agency to make a
conveyance under this part, he also requests that the granting clause of
the instrument of conveyance contain a reverter clause, reading as
follows:
Any part of the property interest hereby conveyed that has not been
developed for airport purposes within 5 years after the date of
conveyance, or that ceases to be used for airport purposes for a period
of 6 months, shall automatically revert to the United States, the
grantee agreeing by the acceptance of this conveyance or the rights
granted herein that a determination by the Federal Aviation
Administrator that all or a part of the property interest has not been
so developed, or has ceased to be so used, is conclusive of the facts.
(49 U.S.C. 1120)
(Amdt. 153-3, 33 FR 14109, Sept. 18, 1968)
14 CFR 153.15 PART 154 -- ACQUISITION OF U.S. LAND FOR PUBLIC AIRPORTS
UNDER THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970
Sec.
154.1 Applicability and purpose.
154.3 Public agencies eligible for conveyances.
154.5 Application for conveyance.
154.7 Form and content of application for conveyance.
154.9 Determinations by the Administrator.
154.11 Determination and conveyance by head of controlling agency.
154.13 Covenants in conveyances.
Authority: Secs. 11-27, 84 Stat. 220-233; sec. 1.47(g) of the
regulations of the Office of the Secretary of Transportation, 49 CFR 1.
Source: Docket No. 10858, 38 FR 12204, May 10, 1973, unless
otherwise noted.
14 CFR 154.1 Applicability and purpose.
(a) General. This part applies to the acquiring by public agencies,
under section 23 of the Airport and Airway Development Act of 1970 (Pub.
L. 91-258, 84 Stat. 232), of property interest in land owned or
controlled by the United States, the use of which is reasonably
necessary to carry out a project for airport development under part II
of that act or to operate a public airport, including lands reasonably
necessary to meet future development of an airport in accordance with
the national airport system plan. If the Administrator determines that
such a property interest is reasonably necessary to carry out such a
project or to operate a public airport, he is authorized by section 23
of the act to request the head of the Department, Board, Bureau,
Commission, or other agency in the executive branch of the Federal
Government, or corporation wholly owned by the United States (in this
part called the ''controlling agency'') that owns or controls that
property interest to convey so much of it as the Administrator considers
necessary, to the public agency sponsoring the project concerned or
owning or controlling the airport concerned, as the case may be. The
head of that agency is then required to determine whether the conveyance
is inconsistent with the needs of that agency. If he determines that it
is not inconsistent with those needs, he shall make the conveyance as
provided in 154.11 of this part.
(b) Property interests to which this part applies. This part applies
with respect to fee title or any other interest in land that is
reasonably necessary to carry out a project under the airport
development aid program or to operate a public airport or in lands
reasonably necessary to meet future development of an airport, in
accordance with the national airport system plan, including leaseholds,
permits, licenses, and easements, over lands adjacent to the airport
that will assure freedom from interference with the intended purpose.
The property interest must be in land for an airport that is included
in, or currently meets the entrance criteria for, the current national
airport system plan.
(c) Property interests to which this part does not apply. This part
does not apply with respect to --
(1) Property interests in lands owned or controlled by the United
States within --
(i) Any national park, national monument, national recreation area,
or similar area under the administration of the National Park Service;
(ii) Any unit of the National Wildlife Refuge System or similar area
under the jurisdiction of the Bureau of Sport Fisheries and Wildlife;
or
(iii) Any national forest or Indian reservation; or
(2) Any entire, existing Federal airport.
(d) Definition of ''airport purposes.'' For the purposes of this
part, ''airport purposes'' means uses of property interests in land that
are directly related to the actual operation of the foreseeable
aeronautical development of the public airport. It includes --
(1) Operational use. Use of property interest for clear zones,
navigation aids, runways, taxiways, aprons and other aircraft movement
areas, and land necessary to preserve the operational integrity of the
airport.
(2) Future developmental use. Reservation of property interests for
foreseeable aeronautical development (for example, a planned runway
extension or a planned terminal building development);
(3) Essential support services use. Use of property interests for
activities directly supporting flight operations (for example, aircraft
maintenance, fueling, and servicing; mail, passenger, and cargo
processing facilities; communications and air traffic control; airport
firefighting and rescue equipment and service, and airport maintenance);
and
(4) Complementary activities use. Use of property interests for
facilities or services that enhance the utility or convenience of the
aeronautical serv- ices (for example, facilities to provide food,
shelter, surface transportation, or vehicular parking).
14 CFR 154.3 Public agencies eligible for conveyances.
A State, Puerto Rico, the Virgin Islands, American Samoa, the Trust
Territory of the Pacific Islands, Guam, any agency of any of them, a
municipality or other political subdivision, a tax-supported
organization, or an Indian tribe or pueblo may apply for a conveyance of
a property interest under this part if --
(a) It plans to use that property interest for or in connection with
--
(1) Developing a public airport as a project under the airport
development aid program;
(2) Improving, developing, or protecting an existing public airport,
whether or not in connection with a project under the program; or
(3) Establishing or constructing a new public airport, whether or not
in connection with a project under that program;
(b) It has legal authority to accept the conveyance; to engage in
the kind of airport development described in 152.41 of this chapter,
improvement, or construction necessary to benefit fully from the
conveyance; to establish, operate, and maintain the proposed or
existing airport; and to raise funds necessary for the proposed
development, improvement, or construction and for financing the
operation and maintenance of the airport;
(c) It has enough funds, or will be able to get them, to pay for any
development, improvement, or construction that is necessary to benefit
reasonably from the conveyance, and to operate and maintain the airport;
and
(d) It is not in default on any obligation to the United States in
connection with developing, operating, or maintaining an airport.
14 CFR 154.5 Application for conveyance.
A public agency that is eligible under 154.3 may apply for a
conveyance of a property interest under this part by filing an
application for it in quadruplicate with the FAA office serving the area
in which the property interest is located.
14 CFR 154.7 Form and content of application for conveyance.
(a) An application for a conveyance of a property interest under this
part need not be in any special form. However, the public agency
applying must provide enough information to enable the Administrator to
determine --
(1) That it is eligible to apply for the conveyance;
(2) That is will accept the conveyance subject to the conditions and
covenants in the deed of conveyance;
(3) That the property interest applied for is reasonably necessary to
carry out a project under the airport development aid program or to
operate a public airport; and
(4) The extent of the property interest that is necessary to
accomplish the purpose.
(b) Each public agency applying for a conveyance must send with its
request, or as soon thereafter as possible, the following information,
if applicable and available, together with any other information
requested by the Administrator:
(1) Its name and address.
(2) The name, location, and ownership of the airport concerned, or if
the airport is not in existence, the proposed name, the approved
location, and the prospective owner.
(3) If the airport is being operated under a lease or agreement from
the public agency, a copy of the lease or agreement.
(4) A statement of its legal authority and financial ability to
develop, improve, construct, operate, and maintain the airport.
(5) The name of the department or agency of the United States that
owns or controls the property interest.
(6) A legal description of the land requested, and the amount of
acreage, if applicable.
(7) A list of all improvements on the land and the use or disposition
to be made thereof.
(8) A statement of the specific property interest, such as fee title,
leasehold, easement, permit, license, or other interest, that it needs.
(9) A complete justification of its need for the property interest,
supported by any maps, charts, photographs, or other documents that may
be necessary to show the need for that property interest, and if use of
other land might fill the need, a statement of the particular advantage
of the U.S. land over the other suitable land.
(10) A statement of the plans and commitments for the financing of or
accomplishing any development, improvement, or construction requiring
the use of the property interest.
(11) An estimated date on which the property interest will be needed.
(12) The status of any project for developing the airport under the
airport development aid program.
(13) A statement that it has the legal authority to accept a
conveyance subject to the covenants and reverter clause described in
154.13.
(14) The sponsor's environmental assessment prepared in conformance
with Appendix 6 of FAA Order 1050.1C, ''Policies and Procedures for
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), FAA
Order 5050.4, ''Airport Environmental Handbook'' (45 FR 56622; Aug. 25,
1980), if an assessment is required by Order 5050.4. Copies of these
orders may be examined in the Rules Docket, Office of the Chief Counsel,
FAA, Washington, D.C., and may be obtained on request at any FAA
regional office headquarters or any airports district office.
(15) A statement that if the conveyance involves the displacement of
any person or the acquisition of an interest in real property that is
within the purview of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (84 Stat. 18949), the
applicant will make the assurances required by 25.57(a) and 25.59(a)
of the regulations of the Office of the Secretary of Transportation (49
CFR part 25).
(c) Each application for a conveyance under this part must be signed
by an officer of the public agency concerned who has been authorized by
it to file the application. The application must be accompanied by a
certified copy of a resolution or ordinance authorizing him to file the
application and indicating that the public agency is willing to accept
the conveyance subject to the covenants described in 154.13 of this
part.
(Secs. 16 and 23, Airport and Airway Development Act of 1970, as
amended (49 U.S.C. 1716 and 1723); sec. 552(a), Administrative
Procedure Act (5 U.S.C. 552(a)); sec. 1.47(f)(1), Regulations of the
Office of the Secretary of Transportation, (49 CFR 1.47(f)(1)))
(Doc. No. 10858, 38 FR 12204, May 10 1973, as amended by Amdt.
154-1, 42 FR 32630, June 27, 1977; Amdt. 154-2, 45 FR 56622, Aug. 25,
1980)
14 CFR 154.9 Determinations by the Administrator.
The Administrator reviews each application for a conveyance under
this part and determines whether the public agency requesting the
conveyance is eligible and a conveyance is proper, under section 23 of
the Airport and Airway Development Act of 1970 and this part. If he
decides that the public agency is eligible and the conveyance is proper,
he requests the head of the controlling agency to convey to the public
agency as much of an interest as the Administrator considers to be
reasonably necessary, without consideration, other than the benefits to
accrue to the public and the United States from the use of the land for
airport purposes. The Administrator accompanies his request with a
detailed statement of the items required by section 102(2)(c) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321).
14 CFR 154.11 Determination and conveyance by head of controlling
agency.
(a) Upon receiving a request for a conveyance under this part from
the Administrator, the head of the controlling agency is required, by
section 23(b) of the Airport and Airway Development Act of 1970, to
determine whether the conveyance is inconsist- ent with the needs of his
agency, and to notify the Administrator of his determination within 4
months after receiving the Administrator's request.
(b) Section 23(b) of the act provides that, if the head of the
controlling agency concerned determines that the requested conveyance is
not inconsist- ent with those needs, he shall, upon the approval of the
Attorney General and the President, perform any acts and execute any
instruments necessary to make the conveyance, without expense to the
United States.
14 CFR 154.13 Covenants in conveyances.
Whenever the Administrator requests the head of a controlling agency
to make a conveyance under this part, he also requests that the
instrument of conveyance contain, as a covenant binding on the grantee,
its successors and assigns, the following provisions:
(a) That the grantee will use the property interest for airport
purposes, and will develop that interest for airport purposes within 1
year after the date of this conveyance. However, if the property
interest is necessary to meet future development of an airport in
accordance with the national airport system plan the grantee will
develop that interest for airport purposes within a period of time
satisfactory to the Administrator, and any interim use of that interest
for other than airport purposes will be subject to such terms and
conditions as the Administrator may prescribe.
(b) That the airport, and its appurtenant areas and its buildings and
facilities, whether or not on the land conveyed, will be operated as a
public airport on fair and reasonable terms, without unjust
discrimination.
(c) That in the operation of the airport and its appurtenant areas
whether or not on the land conveyed, the grantee --
(1) Agrees that no person shall be excluded from any participation,
be denied any benefits, or be otherwise subjected to any discrimination,
on the grounds of race, color, or national origin; and
(2) Agrees to comply with all requirements imposed by or pursuant to
part 21 of the regulations of the Office of the Secretary of
Transportation (49 CFR part 21) -- nondiscrimination in federally
assisted programs of the Department of Transportation -- effectuation of
title VI of the Civil Rights Act of 1964.
(d) That the grantee will not grant or permit any exclusive right
forbidden by section 308(a) of the Federal Aviation Act of 1958 (49
U.S.C. 1349(a)) at the airport, or at any other airport now owned or
controlled by it.
(e) That is furtherance of the policy of the FAA under this covenant
the grantee --
(1) Agrees that, unless authorized by the Administrator, it will not,
either directly or indirectly, grant or permit any person, firm, or
corporation the exclusive right at the airport, or at any other airport
now owned or controlled by it, to conduct any aeronautical activities,
including, but not limited to, charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial
advertising and surveying, air carrier operations, aircraft sales and
services, sale of aviation petroleum products whether or not conducted
in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which
because of their direct relationship to the operation of aircraft can be
regarded as an aeronautical activity;
(2) Agrees that it will terminate any existing exclusive right to
engage in the sale of gasoline or oil, or both, granted before July 17,
1962, at such an airport, at the earliest renewal, cancellation, or
expiration date applicable to the agreement that established the
exclusive right; and
(3) Agrees that it will terminate forthwith any other exclusive right
to conduct any aeronautical activity now existing at such an airport.
(f) That any later transfer of the property interest conveyed will be
subject to the covenants and conditions in the instrument of conveyance.
(g) That, if the covenant to develop the property interest (or any
part thereof) for airport purposes within the time specified in
paragraph (a) of this section is breached, or if the property interest
(or any part thereof) is not used in a manner consistent with paragraph
(a) of this section or the terms of the conveyance, the Administrator
may give notice to the grantee requiring him to take specified action,
within a fixed period, towards development or use as prescribed, as the
case may be. These notices may be issued repeatedly, and outstanding
notices may be amended or supplemented. Upon expiration of a period so
fixed without completion by the grantee of the required action, the
Administrator may, on behalf of the United States, enter, and take title
to, the property interest conveyed or the particular part of that
interest to which the breach relates.
(h) That, if any covenant or condition in the instrument of
conveyance, other than the covenant contained in paragraph (g) of this
section, is breached, the Administrator may, on behalf of the United
States, immediately enter, and take title to, the property interest
conveyed or, in his discretion, that part of that interest to which the
breach relates.
(i) That a determination by the Administrator that one of the
foregoing covenants has been breached is conclusive of the facts; and
that, if the right of entry and possession of title stipulated in the
foregoing covenants is exercised, the grantee will, upon demand of the
Administrator, take any action (including prosecution of suit or
executing of instruments) that may be necessary to evidence transfer to
the United States of title to the property interest conveyed, or, in the
Administrator's discretion, to that part of that interest to which the
breach relates.
14 CFR 154.13 PART 155 -- RELEASE OF AIRPORT PROPERTY FROM SURPLUS
PROPERTY DISPOSAL RESTRICTIONS
Sec.
155.1 Applicability.
155.3 Applicable law.
155.5 Property and releases covered by this part.
155.7 General policies.
155.9 Release from war or national emergency restrictions.
155.11 Form and content of requests for release.
155.13 Determinations by FAA.
Authority: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a),
314, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C.
1101-1119, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622(b),
1622(c).
Source: Docket No. 1329, 27 FR 12361, Dec. 13, 1962, unless
otherwise noted.
14 CFR 155.1 Applicability.
This part applies to releases from terms, conditions, reservations,
or restrictions in any deed, surrender of leasehold, or other instrument
of transfer or conveyance (in this part called ''instrument of
disposal'') by which some right, title, or interest of the United States
in real or personal property was conveyed to a non-Federal public agency
under section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61
Stat. 678) to be used by that agency in developing, improving,
operating, or maintaining a public airport or to provide a source of
revenue from non-aviation business at a public airport.
14 CFR 155.3 Applicable law.
(a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) authorizes
the Administrator to grant the releases described in 155.1, if he
determines that --
(1) The property to which the release relates no longer serves the
purpose for which it was made subject to the terms, conditions,
reservations, or restrictions concerned; or
(2) The release will not prevent accomplishing the purpose for which
the property was made subject to the terms, conditions, reservations, or
restrictions, and is necessary to protect or advance the interests of
the United States in civil aviation.
In addition, section 4 of that Act authorizes the Administrator to
grant the releases subject to terms and conditions that he considers
necessary to protect or advance the interests of the United States in
civil aviation.
(b) Section 2 of the Act of October 1, 1949 (63 Stat. 700) provides
that the restrictions against using structures for industrial purposes
in any instrument of disposal issued under section 13(g)(2)(A) of the
Surplus Property Act of 1944, as amended (61 Stat. 678) are considered
to be extinguished. In addition, section 2 authorizes the Administrator
to issue any instruments of release or conveyance necessary to remove,
of record, such a restriction, without monetary consideration to the
United States.
(c) Section 68 of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2098) releases, remises, and quitclaims, to persons entitled
thereto, all reserved rights of the United States in radioactive
minerals in instruments of disposal of public or acquired lands. In
addition, section 3 of the Act of October 1, 1949 (50 U.S.C. App.
1622b) authorizes the Administrator to issue instruments that he
considers necessary to correct any instrument of disposal by which
surplus property was transferred to a non-Federal public agency for
airport purposes or to conform the transfer to the requirements of
applicable law. Based on the laws cited in this paragraph, the
Administrator issues appropriate instruments of correction upon the
written request of persons entitled to ownership, occupancy, or use of
the lands concerned.
14 CFR 155.5 Property and releases covered by this part.
This part applies to --
(a) Any real or personal property that is subject to the terms,
conditions, reservations, or restrictions in an instrument of disposal
described in 155.1; and
(b) Any release from a term, condition, reservation, or restriction
in such an instrument, including a release of --
(1) Personal property, equipment, or structures from any term,
condition, reservation, or restriction so far as necessary to allow it
to be disposed of for salvage purposes;
(2) Land, personal property, equipment or structures from any term,
condition, reservation, or restriction requiring that it be used for
airport purposes to allow its use, lease, or sale for nonairport use in
place;
(3) Land, personal property, equipment, or structures from any term,
condition, reservation, or restriction requiring its maintenance for
airport use;
(4) Land, personal property, equipment, or structures from all terms,
conditions, restrictions, or reservations to allow its use, lease, sale,
or other disposal for nonairport purposes; and
(5) Land, personal property, equipment, or structures from the
reservation of right of use by the United States in time of war or
national emergency, to facilitate financing the operation and
maintenance or further development of a public airport.
14 CFR 155.7 General policies.
(a) Upon a request under 155.11, the Administrator issues any
instrument that is necessary to remove, of record, any restriction
against the use of property for industrial purposes that is in an
instrument of disposal covered by this part.
(b) The Administrator does not issue a release under this part if it
would allow the sale of the property concerned to a third party, unless
the public agency concerned has obligated itself to use the proceeds
from the sale exclusively for developing, improving, operating, or
maintaining a public airport.
(c) Except for a release from a restriction against using property
for industrial purposes, the Administrator does not issue a release
under this part unless it is justified under 155.3(a) (1) or (2).
(d) The Administrator may issue a release from the terms, conditions,
reservations, or restrictions of an instrument of disposal subject to
any other terms or conditions that he considers necessary to protect or
advance the interests of the United States in civil aviation. Such a
term or condition, including one regarding the use of proceeds from the
sale of property, is imposed as a personal covenant or obligation of the
public agency concerned rather than as a term or condition to the
release or as a covenant running with the land, unless the Administrator
determines that the purpose of the term or condition would be better
achieved as a condition or covenant running with the land.
(e) A letter or other document issued by the Administrator that
merely grants consent to or approval of a lease, or to the use of the
property for other than the airport use contemplated by the instrument
of disposal, does not otherwise release the property from the terms,
conditions, reservations, or restrictions of the instrument of disposal.
14 CFR 155.9 Release from war or national emergency restrictions.
(a) The primary purpose of each transfer of surplus airport property
under section 13 of the Surplus Property Act of 1944 was to make the
property available for public or civil airport needs. However, it was
also intended to ensure the availability of the property transferred,
and of the entire airport, for use by the United States during a war or
national emergency, if needed. As evidence of this purpose, most
instruments of disposal of surplus airport property reserved or granted
to the United States a right of exclusive possession and control of the
airport during a war or emergency, substantially the same as one of the
following:
(1) That during the existence of any emergency declared by the
President or the Congress, the Government shall have the right without
charge except as indicated below to the full, unrestricted possession,
control, and use of the landing area, building areas, and airport
facilities or any part thereof, including any additions or improvements
thereto made subsequent to the declaration of the airport property as
surplus: Provided, however, That the Government shall be responsible
during the period of such use for the entire cost of maintaining all
such areas, facilities, and improvements, or the portions used, and
shall pay a fair rental for the use of any installations or structures
which have been added thereto without Federal aid.
(2) During any national emergency declared by the President or by
Congress, the United States shall have the right to make exclusive or
nonexclusive use and have exclusive or nonexclusive control and
possession, without charge, of the airport at which the surplus property
is located or used or of such portion thereof as it may desire:
Provided, however, That the United States shall be responsible for the
entire cost of maintaining such part of the airport as it may use
exclusively, or over which it may have exclusive possession and control,
during the period of such use, possession, or control and shall be
obligated to contribute a reasonable share, commensurate with the use
made by it, of the cost of maintenance of such property as it may use
nonexclusively or over which it may have nonexclusive control and
possession: Provided further, That the United States shall pay a fair
rental for its use, control, or possession, exclusively or
nonexclusively, of any improvements to the airport made without U.S.
aid.
(b) A release from the terms, conditions, reservations, or
restrictions of an instrument of disposal that might prejudice the needs
or interests of the armed forces, is granted only after consultation
with the Department of Defense.
14 CFR 155.11 Form and content of requests for release.
(a) A request for the release of surplus airport property from a
term, condition, reservation, or restriction in an instrument of
disposal need not be in any special form, but must be in writing and
signed by an authorized official of the public agency that owns the
airport.
(b) A request for a release under this part must be submitted in
triplicate to the District Airport Engineer in whose district the
airport is located.
(c) Each request for a release must include the following
information, if applicable and available:
(1) Identification of the instruments of disposal to which the
property concerned is subject.
(2) A description of the property concerned.
(3) The condition of the property concerned.
(4) The purpose for which the property was transferred, such as for
use as a part of, or in connection with, operating the airport or for
producing revenues from nonaviation business.
(5) The kind of release requested.
(6) The purpose of the release.
(7) A statement of the circumstances justifying the release on the
basis set forth in 155.3(a) (1) or (2) with supporting documents.
(8) Maps, photographs, plans, or similar material of the airport and
the property concerned that are appropriate to determining whether the
release is justified under 155.9.
(9) The proposed use or disposition of the property, including the
terms and conditions of any proposed sale or lease and the status of
negotiations therefor.
(10) If the release would allow sale of any part of the property, a
certified copy of a resolution or ordinance of the governing body of the
public agency that owns the airport obligating itself to use the
proceeds of the sale exclusively for developing, improving, operating,
or maintaining a public airport.
(11) A suggested letter or other instrument of release that would
meet the requirements of State and local law for the release requested.
(12) The sponsor's environmental assessment prepared in conformance
with Appendix 6 of FAA Order 1050.1C, ''Policies and Procedures for
Considering Environmental Impacts'' (45 FR 2244; Jan. 10, 1980), and
FAA Order 5050.4, ''Airport Environmental Handbook'' (45 FR 56624; Aug.
25, 1980), if an assessment is required by Order 5050.4. Copies of these
orders may be examined in the Rules Docket, Office of the Chief Counsel,
FAA, Washington, D.C., and may be obtained on request at any FAA
regional office headquarters or any airports district office.
(Doc. No. 1329, 27 FR 12361, Dec. 13, 1962, as amended by Amdt.
155-1, 45 FR 56622, Aug. 25, 1980)
14 CFR 155.13 Determinations by FAA.
(a) An FAA office that receives a request for a release under this
part, and supporting documents therefore, examines it to determine
whether the request meets the requirements of the Act of October 1, 1949
(63 Stat. 700) so far as it concerns the interests of the United States
in civil aviation and whether it might prejudice the needs and interests
of the armed forces. Upon a determination that the release might
prejudice those needs and interests, the Department of Defense is
consulted as provided in 155.9(b).
(b) Upon completing the review, and receiving the advice of the
Department of Defense if the case was referred to it, the FAA advises
the airport owner as to whether the release or a modification of it, may
be granted. If the release, or a modification of it acceptable to the
owner, is granted, the FAA prepares the necessary instruments and
delivers them to the airport owner.
14 CFR 155.13 PART 156 -- STATE BLOCK GRANT PILOT PROGRAM
Sec.
156.1 Applicability.
156.2 Letters of interest.
156.3 Application and grant process.
156.4 Airport and project eligibility.
156.5 Project cost allowability.
156.6 State program responsibilities.
156.7 Enforcement of State block grant agreements and other related
grant assurances.
Authority: 49 U.S.C. App. 2201 (as amended, 49 U.S.C. App. 2227,
Airport and Airway Safety and Capacity Expansion Act of 1987); 49 CFR
1.47 (f) and (k) (Regulations of the Office of the Secretary of
Transportation).
Source: Docket No. 35723, 53 FR 41303, Oct. 20, 1988, unless
otherwise noted.
14 CFR 156.1 Applicability.
(a) This part applies to grant applicants for the State block grant
pilot program and to those States receiving block grants available under
the Airport and Airway Improvement Act of 1982, as amended.
(b) This part sets forth --
(1) The procedures by which a State may apply to participate in the
State block grant pilot program;
(2) The program administration requirements for a participating
State;
(3) The program responsibilities for a participating State; and
(4) The enforcement responsibilities of a participating State.
14 CFR 156.2 Letters of interest.
(a) Any state that desires to participate in the State block grant
pilot program shall submit a letter of interest, by November 30, 1988,
to the Associate Administrator for Airports, Federal Aviation
Administration, 800 Independence Avenue SW., Room 1000E, Washington, DC
20591.
(b) A State's letter of interest shall contain the name, title,
address, and telephone number of the individual who will serve as the
liaison with the Administrator regarding the State block grant pilot
program.
(c) The FAA will provide an application form and program guidance
material to each State that submits a letter of interest to the
Associate Administrator for Airports.
14 CFR 156.3 Application and grant process.
(a) A State desiring to participate shall submit a completed
application to the Associate Administrator for Airports.
(b) After review of the applications submitted by the States, the
Administrator shall select three States for participation in the State
block grant pilot program.
(c) The Administrator shall issue a written grant offer that sets
forth the terms and conditions of the State block grant agreement to
each selected State.
(d) A State's participation in the State block grant pilot program
begins when a State accepts the Administrator's written grant offer in
writing and within any time limit specified by the Administrator. The
State shall certify, in its written acceptance, that the acceptance
complies with all applicable Federal and State law, that the acceptance
constitutes a legal and binding obligation of the State, and that the
State has the authority to carry out all the terms and conditions of the
written grant offer.
14 CFR 156.4 Airport and project eligibility.
(a) A participating State shall use monies distributed pursuant to a
State block grant agreement for airport development and airport
planning, for airport noise compatibility planning, or to carry out
airport noise compatibility programs, in accordance with the Airport and
Airway Improvement Act of 1982, as amended.
(b) A participating State shall administer the airport development
and airport planning projects for airports within the State.
(c) A participating State shall not use any monies distributed
pursuant to a State block grant agreement for integrated airport system
planning, projects related to any primary airport, or any airports --
(1) Outside the State's boundaries; or
(2) Inside the State's boundaries that are not included in the
National Plan of Integrated Airport Systems.
14 CFR 156.5 Project cost allowability.
(a) A participating State shall not use State block grant funds for
reimbursement of project costs that would not be eligible for
reimbursement under a project grant administered by the FAA.
(b) A participating State shall not use State block grant funds for
reimbursement or funding of administrative costs incurred by the State
pursuant to the State block grant program.
14 CFR 156.6 State program responsibilities.
(a) A participating State shall comply with the terms of the State
block grant agreement.
(b) A participating State shall ensure that each person or entity, to
which the State distributes funds received pursuant to the State block
grant pilot program, complies with any terms that the State block grant
agreement requires to be imposed on a recipient for airport projects
funded pursuant to the State block grant pilot program.
(c) Unless otherwise agreed by a participating State and the
Administrator in writing, a participating State shall not delegate or
relinquish, either expressly or by implication, any State authority,
rights, or power that would interfere with the State's ability to comply
with the terms of a State block grant agreement.
14 CFR 156.7 Enforcement of State block grant agreements and other
related grant assurances.
The Administrator may take any action, pursuant to the authority of
the Airport and Airway Imrovement Act of 1982, as amended, to enforce
the terms of a State block grant agreement including any terms imposed
upon subsequent recipients of State block agreement funds.
14 CFR 156.7 PART 157 -- NOTICE OF CONSTRUCTION, ALTERATION,
ACTIVATION, AND DEACTIVATION OF AIRPORTS
Sec.
157.1 Applicability.
157.2 Definition of terms.
157.3 Projects requiring notice.
157.5 Notice of intent.
157.7 FAA determinations.
157.9 Notice of completion.
Authority: Secs. 309, 313(a), 314, 72 Stat. 751; 49 U.S.C. 1350,
1354(a), 1355.
Source: 56 FR 33996, July 24, 1991, unless otherwise noted.
14 CFR 157.1 Applicability.
This part applies to persons proposing to construct, alter, activate,
or deactivate a civil or joint-use (civil/military) airport or to alter
the status or use of such an airport. Requirements for persons to
notify the Administrator concerning certain airport activities are
prescribed in this part. This part does not apply to projects
involving:
(a) An airport subject to conditions of a Federal agreement that
requires an approved current airport layout plan to be on file with the
Federal Aviation Administration; or
(b) An airport at which flight operations will be conducted under
visual flight rules (VFR) and which is used or intended to be used for a
period of less than 30 consecutive days with no more than 10 operations
per day.
(c) The intermittent use of a site that is not an established
airport, which is used or intended to be used for less than one year and
at which flight operations will be conducted only under VFR. For the
purposes of this part, intermittent use of a site means:
(1) The site is used or is intended to be used for no more than 3
days in any one week; and
(2) No more than 10 operations will be conducted in any one day at
that site.
14 CFR 157.2 Definition of terms.
For the purpose of this part:
Airport means any airport, heliport, helistop, vertiport, gliderport,
seaplane base, ultralight flightpark, manned balloon launching facility,
or other aircraft landing or takeoff area.
Heliport means any landing or takeoff area intended for use by
helicopters or other rotary wing type aircraft capable of vertical
takeoff and landing profiles.
Private use means available for use by the owner only or by the owner
and other persons authorized by the owner.
Private use of public lands means that the landing and takeoff area
of the proposed airport is publicly owned and the proponent is a
non-government entity, regardless of whether that landing and takeoff
area is on land or on water and whether the controlling entity be local,
State, or Federal Government.
Public use means available for use by the general public without a
requirement for prior approval of the owner or operator.
Traffic pattern means the traffic flow that is prescribed for
aircraft landing or taking off from an airport, including departure and
arrival procedures utilized within a 5-mile radius of the airport for
ingress, egress, and noise abatement.
14 CFR 157.3 Projects requiring notice.
Each person who intends to do any of the following shall notify the
Administrator in the manner prescribed in 157.5:
(a) Construct or otherwise establish a new airport or activate an
airport.
(b) Construct, realign, alter, or activate any runway or other
aircraft landing or takeoff area of an airport.
(c) Deactivate, discontinue using, or abandon an airport or any
landing or takeoff area of an airport for a period of one year or more.
(d) Construct, realign, alter, activate, deactivate, abandon, or
discontinue using a taxiway associated with a landing or takeoff area on
a public-use airport.
(e) Change the status of an airport from private use to public use or
from public use to another status.
(f) Change any traffic pattern or traffic pattern altitude or
direction.
(g) Change status from IFR to VFR or VFR to IFR.
14 CFR 157.5 Notice of intent.
(a) Notice shall be submitted on FAA Form 7480-1, copies of which may
be obtained from an FAA Airport District/Field Office or Regional
Office, to one of those offices and shall be submitted at least --
(1) in the cases prescribed in paragraphs (a) through (d) of 157.3,
90 days in advance of the day that work is to begin; or
(2) in the cases prescribed in paragraphs (e) through (g) of 157.3,
90 days in advance of the planned implementation date.
(b) Notwithstanding paragraph (a) of this section --
(1) in an emergency involving essential public service, public
health, or public safety or when the delay arising from the 90-day
advance notice requirement would result in an unreasonable hardship, a
proponent may provide notice to the appropriate FAA Airport
District/Field Office or Regional Office by telephone or other
expeditious means as soon as practicable in lieu of submitting FAA Form
7480-1. However, the proponent shall provide full notice, through the
submission of FAA Form 7480-1, when otherwise requested or required by
the FAA.
(2) notice concerning the deactivation, discontinued use, or
abandonment of an airport, an airport landing or takeoff area, or
associated taxiway may be submitted by letter. Prior notice is not
required; except that a 30-day prior notice is required when an
established instrument approach procedure is involved or when the
affected property is subject to any agreement with the United States
requiring that it be maintained and operated as a public-use airport.
14 CFR 157.7 FAA determinations.
(a) The FAA will conduct an aeronautical study of an airport proposal
and, after consultations with interested persons, as appropriate, issue
a determination to the proponent and advise those concerned of the FAA
determination. The FAA will consider matters such as the effects the
proposed action would have on existing or contemplated traffic patterns
of neighboring airports; the effects the proposed action would have on
the existing airspace structure and projected programs of the FAA; and
the effects that existing or proposed manmade objects (on file with the
FAA) and natural objects within the affected area would have on the
airport proposal. While determinations consider the effects of the
proposed action on the safe and efficient use of airspace by aircraft
and the safety of persons and property on the ground, the determinations
are only advisory. Except for an objectionable determination, each
determination will contain a determination-void date to facilitate
efficient planning of the use of the navigable airspace. A
determination does not relieve the proponent of responsibility for
compliance with any local law, ordinance or regulation, or state or
other Federal regulation. Aeronautical studies and determinations will
not consider environmental or land use compatibility impacts.
(b) An airport determination issued under this part will be one of
the following:
(1) No objection.
(2) Conditional. A conditional determination will identify the
objectionable aspects of a project or action and specify the conditions
which must be met and sustained to preclude an objectionable
determination.
(3) Objectionable. An objectionable determination will specify the
FAA's reasons for issuing such a determination.
(c) Determination void date. All work or action for which notice is
required by this sub-part must be completed by the determination void
date. Unless otherwise extended, revised, or terminated, an FAA
determination becomes invalid on the day specified as the determination
void date. Interested persons may, at least 15 days in advance of the
determination void date, 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 the determination void date. Determinations will be
furnished to the proponent, aviation officials of the state concerned,
and, when appropriate, local political bodies and other interested
persons.
14 CFR 157.9 Notice of completion.
Within 15 days after completion of any airport project covered by
this part, the proponent of such project shall notify the FAA Airport
District Office or Regional Office by submission of FAA Form 5010-5 or
by letter. A copy of FAA Form 5010-5 will be provided with the FAA
determination.
14 CFR 157.9 PART 158 -- PASSENGER FACILITY CHARGES (PFC'S)
14 CFR 157.9 Subpart A -- General
Sec.
158.1 Applicability.
158.3 Definitions.
158.5 Authority to impose PFC's.
158.7 Exclusivity of authority.
158.9 Limitations.
158.11 Public agency request not to require collection of PFC's by a
class of air carriers or foreign air carriers.
158.13 Use of PFC revenue.
158.15 Project eligibility.
14 CFR 157.9 Subpart B -- Application and Approval
158.21 General.
158.23 Consultation with air carriers and foreign air carriers.
158.25 Applications.
158.27 Review of applications.
158.29 The Administrator's decision.
158.31 Duration of authority to impose a PFC after project
implementation.
158.33 Duration of authority to impose a PFC before project
implementation.
158.35 Extension of time to submit application to use PFC revenue.
158.37 Amendment of approved PFC.
158.39 Use of excess PFC Revenue.
14 CFR 157.9 Subpart C -- Collection, Handling, and Remittance of PFC's
158.41 General.
158.43 Public agency notification to collect PFC's.
158.45 Collection of PFC's on tickets issued in the U.S.
158.47 Collection of PFC's on tickets issued outside the U.S.
158.49 Handling of PFC's.
158.51 Remittance of PFC's.
158.53 Collection compensation.
14 CFR 157.9 Subpart D -- Reporting, Recordkeeping and Audits
158.61 General.
158.63 Reporting requirements: public agency.
158.65 Reporting requirements: collecting carrier.
158.67 Recordkeeping and auditing: public agency.
158.69 Recordkeeping and auditing: collecting carriers.
158.71 Federal oversight.
14 CFR 157.9 Subpart E -- Termination
158.81 General.
158.83 Informal resolution.
158.85 Termination of authority to impose PFC's.
158.87 Loss of federal airport grant funds.
14 CFR 157.9 Subpart F -- Reduction in Airport Improvement Program
Apportionments
158.91 General.
158.93 Public agencies subject to reduction.
158.95 Implementation of reduction.
Appendix A -- Assurances
Authority: 49 U.S.C. App. 1513 (as amended by the Aviation Safety
and Capacity Expansion Act of 1990, Pub. L. 101-508, Title II, Subtitle
B, November 5, 1990); 49 U.S.C. App. 2206 (as amended by the Aviation
Safety and Capacity Expansion Act of 1990); 49 U.S.C. App. 2218;
section 9304(e) and 9307 of the Airport Noise and Capacity Act of 1990,
Pub. L. 101-508, Title IX, Subtitle D.
Source: Docket No. 26385, 56 FR 24278, May 29, 1991, unless
otherwise noted.
14 CFR 157.9 Subpart A -- General
14 CFR 158.1 Applicability.
This part applies to passenger facility charges (PFC's) as may be
approved by the Administrator of the Federal Aviation Administration
(FAA) pursuant to section 1113(e) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1513(e)), and imposed by a public agency that controls a
commercial service airport. This part also describes the procedures for
reducing funds apportioned under section 507(a) of the Airport and
Airway Improvement Act of 1982, as amended (49 U.S.C. App. 2206(a)), to
a large or medium hub airport that imposes a PFC.
14 CFR 158.3 Definitions.
The following definitions apply in this part:
Airport means any area of land or water, including any heliport, that
is used or intended to be used for the landing and takeoff of aircraft,
and any appurtenant areas that are used or intended to be used for
airport buildings or other airport facilities or rights-of-way, together
with all airport buildings and facilities located thereon.
Airport capital plan means a capital improvement program that lists
airport-related planning, development or noise compatibility projects
expected to be accomplished with anticipated available funds.
Airport layout plan (ALP) means a plan showing the existing and
proposed airport facilities and boundaries in a form prescribed by the
Administrator.
Airport revenue means revenue generated by a public airport (1)
through any lease, rent, fee, PFC or other charge collected, directly or
indirectly, in connection with any aeronautical activity conducted on an
airport that it controls; or (2) In connection with any activity
conducted on airport land acquired with Federal financial assistance, or
with PFC revenue under this part, or conveyed to such public agency
under the provisions of any Federal surplus property program or any
provision enacted to authorize the conveyance of Federal property to a
public agency for airport purposes.
Air travel ticket means all documents pertaining to a passenger's
complete itinerary necessary to transport a passenger by air, including
passenger manifests.
Allowable cost means the reasonable and necessary costs of carrying
out an approved project including costs incurred prior to and subsequent
to the approval to impose a PFC, and making payments for debt service on
bonds and other indebtedness incurred to carry out such projects.
Allowable costs include only those costs incurred on or after November
5, 1990.
Approved project means a project for which use of PFC revenue has
been approved under this part. Specific projects contained in a single
or multi-phased project or development described in an airport capital
plan may also be approved separately.
Bond financing costs means the costs of financing a bond and includes
such costs as those associated with issuance, underwriting discount,
original issue discount, capitalized interest, debt service reserve
funds, initial credit enhancement costs, and initial trustee and paying
agent fees.
Charge effective date means the date on which carriers are obliged to
collect a PFC.
Charge expiration date means the date on which carriers are to cease
to collect a PFC.
Collecting carrier means an issuing carrier or other carrier
collecting a PFC, whether or not such carrier issues the air travel
ticket.
Collection means the acceptance of payment of a PFC from a passenger.
Commercial service airport means a public airport (as defined by 49
U.S.C. app. 2202(17)) determined by the Secretary to enplane annually
2,500 or more passengers and to receive scheduled passenger service of
aircraft.
Debt service means payments for such items as principal and interest,
sinking funds, call premiums, periodic credit enhancement fees, trustee
and paying agent fees, coverage, and remarketing fees.
Exclusive long-term lease or use agreement means an exclusive lease
or use agreement between a public agency and an air carrier or foreign
air carrier with a term of 5 years or more.
FAA Airports office means a regional, district or field office of the
Federal Aviation Administration that administers Federal airport-related
matters.
Implementation of an approved project means: (1) With respect to
construction, issuance to a contractor of notice to proceed or the start
of physical construction; (2) with respect to nonconstruction projects
other than property acquisition, commencement of work by a contractor or
public agency to carry out the statement of work; or (3) with respect
to property acquisition projects, commencement of title search,
surveying, or appraisal for a significant portion of the property to be
acquired.
Issuing carrier means any air carrier or foreign air carrier that
issues an air travel ticket or whose imprinted ticket stock is used in
issuing such ticket by an agent.
One-way trip means any trip that is not a round trip.
Passenger enplaned means a domestic, territorial or international
revenue passenger enplaned in the States in scheduled or nonscheduled
service on aircraft in intrastate, interstate, or foreign commerce.
PFC means a passenger facility charge covered by this part imposed by
a public agency on passengers enplaned at a commercial service airport
it controls.
Project means airport planning, airport land acquisition or
development of a single project, a multi-phased development program,
(including but not limited to development described in an airport
capital plan) or a new airport for which PFC financing is sought or
approved under this part.
Public agency means a State or any agency of one or more States; a
municipality or other political subdivision of a State; an authority
created by Federal, State or local law; a tax-supported organization;
or an Indian tribe or pueblo that controls a commercial service airport.
Round trip means a trip on a complete air travel itinerary which
terminates at the origin point.
State means a State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Trust Territory of the
Pacific Islands, and Guam.
Unliquidated PFC revenue means revenue received by a public agency
from collecting carriers but not yet used on approved projects.
14 CFR 158.5 Authority to impose PFC's.
Subject to the provisions of this part, the Administrator may grant
authority to a public agency that controls a commercial service airport
to impose a PFC of $1.00, $2.00, or $3.00 on passengers enplaned at such
an airport. No public agency may impose a PFC under this part unless
authorized by the Administrator. No State or political subdivision or
agency thereof that is not a public agency may impose a PFC covered by
this part.
14 CFR 158.7 Exclusivity of authority.
(a) No State or political subdivision or agency thereof may impair
the imposition of a PFC, collection of such PFC, or use of PFC revenue
by a public agency in accordance with this part.
(b) No contract or agreement between an air carrier or foreign air
carrier and a public agency may impair the authority of such public
agency to impose a PFC or use the PFC revenue in accordance with this
part.
14 CFR 158.9 Limitations.
(a) No public agency may impose a PFC on any passenger on any flight
to an eligible point on an air carrier that receives essential air
service compensation on that route under section 419 of the Federal
Aviation Act (49 U.S.C. app. 1389). The Administrator makes available a
list of carriers and eligible routes determined by the Department of
Transportation for which PFC's may not be imposed under this section.
(b) No public agency may require a foreign airline that does not
serve a point or points in the U.S. to collect a PFC from a passenger.
14 CFR 158.11 Public agency request not to require collection of PFC's
by a class of air carriers or foreign air carriers.
Subject to the requirements of this part, a public agency may request
under 158.25 or 158.37 that collection of PFC's by any class of air
carriers or foreign air carriers not be required if the number of
passengers enplaned by the carriers in the class constitutes no more
than one percent of the total number of passengers enplaned annually at
the airport at which the PFC is imposed.
14 CFR 158.13 Use of PFC revenue.
PFC revenue, including any interest earned after such revenue has
been remitted to a public agency, may be used only to finance the
allowable costs of approved projects at any airport the public agency
controls.
(a) Total cost. PFC revenue may be used to pay all or part of the
allowable cost of an approved project.
(b) Bond-associated debt service and financing costs. (1) PFC
revenue may be used to pay debt service and financing costs incurred on
that portion of a bond issued to carry out approved projects.
(2) If bond documents require that PFC revenue be commingled in the
general revenue stream of the airport controlled by the public agency
and pledged generally for the benefit of holders of obligations issued
thereunder, PFC revenue is deemed to have been used to pay the costs
covered in 158.13 (b)(1) if --
(i) An amount equal to that portion of the proceeds of the bond
issued to carry out approved projects is used to pay allowable costs of
such projects; and
(ii) To the extent that the amount of PFC revenue collected in any
year exceeds the amount of debt service and financing costs on such
bonds during that year, an amount equal to the excess is applied as
required by 158.39.
(c) Combination of PFC revenue and Federal grant funds. A public
agency may use a combination of PFC revenue and airport grant funds to
accomplish an approved project. Such projects shall be subject to the
recordkeeping and auditing requirements set forth in subpart D of this
part, in addition to the reporting, recordkeeping and auditing
requirements imposed pursuant to the Airport and Airway Improvement Act
of 1982 (AAIA).
(d) Non-Federal share. PFC revenue may be used to meet the
non-Federal share of the cost of projects funded under the Federal
airport grant program.
(e) Approval of project following approval to impose a PFC. The
public agency shall not use PFC revenue or interest earned thereon
except on an approved project.
14 CFR 158.15 Project eligibility.
(a) To be eligible, a project must --
(1) Preserve or enhance safety, security, or capacity of the national
air transportation system;
(2) Reduce noise or mitigate noise impacts resulting from an airport;
or
(3) Furnish opportunities for enhanced competition between or among
air carriers.
(b) Eligible projects are --
(1) Airport development eligible under the AAIA;
(2) Airport planning eligible under the AAIA;
(3) Terminal development as described in 49 U.S.C. App. 2212(b);
(4) Airport noise compatibility planning as described in 49 U.S.C.
App. 2103(b);
(5) Noise compatibility measures eligible for Federal assistance
under 49 U.S.C. App. 2104(c), without regard to whether the measures
have been approved pursuant to 14 CFR part 150; or
(6) Construction of gates and related areas at which passengers are
enplaned or deplaned and other areas directly related to the movement of
passengers and baggage in air commerce within the boundaries of the
airport. These areas do not include restaurants, car rental facilities,
automobile parking facilities, or other concessions.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2,
1991)
14 CFR 158.15 Subpart B -- Application and Approval
14 CFR 158.21 General.
This subpart specifies the consultation and application requirements
under which a public agency may obtain approval to impose a PFC and use
PFC revenue on a project. This subpart also establishes the procedure
for the Administrator's review and approval of applications and
amendments and establishes requirements for use of excess PFC revenue.
14 CFR 158.23 Consultation with air carriers and foreign air carriers.
(a) Notice by public agency. Prior to submitting an application to
the FAA for authority to impose a PFC under 158.25(b) and for project
approval under 158.25(c), a public agency shall provide written notice
to all air carriers and foreign air carriers operating at the airport
except those air carriers that the public agency may choose to request
not to collect PFC's as provided by 158.11. The notice shall include --
(1) Descriptions of projects being considered for funding by PFC's;
(2) The PFC level, the proposed charge effective date, the estimated
charge expiration date and the estimated total PFC revenue;
(3) For a request by a public agency that any class or classes of
carriers not be required to collect the PFC --
(i) The designation of each such class,
(ii) The names of the carriers belonging to each such class, to the
extent the names are known,
(iii) The estimated number of passengers enplaned annually by each
such class, and
(iv) The public agency's reasons for requesting that carriers in each
such class not be required to collect the PFC; and
(4) Except as provided in 158.25(c)(2), the date and location of a
meeting at which the public agency will present such projects to air
carriers and foreign air carriers operating at the airport.
(b) Meeting. The meeting required by paragraph (a)(4) of this
section shall be held no sooner than 30 days nor later than 45 days
after issuance of the written notice required by paragraph (a) of this
section. At or before the meeting, the public agency shall provide air
carriers and foreign air carriers with --
(1) A description of projects;
(2) An explanation of the need for the projects; and
(3) A detailed financial plan for the projects, including --
(i) the estimated allowable project costs allocated to major project
elements;
(ii) The anticipated total amount of PFC revenue that will be used to
finance the projects; and
(iii) The source and amount of other funds, if any, needed to finance
the projects.
(c) Requirements of air carriers and foreign air carriers. (1)
Within 30 days following issuance of the notice required by paragraph
(a) of this section, each carrier must provide the public agency with a
written acknowledgement that it received the notice.
(2) Within 30 days following the meeting, each carrier must provide
the public agency with a written certification of its agreement or
disagreement with the proposed project. A certification of disagreement
shall contain the reasons for such disagreement. The absence of such
reasons shall void a certification of disagreement.
(3) If a carrier fails to provide the public agency with timely
acknowledgement of the notice or timely certification of agreement or
disagreement with the proposed project, the carrier is considered to
have certified its agreement.
14 CFR 158.25 Applications.
(a) General. This section specifies the information to be submitted
by a public agency when applying for the authority to impose a PFC and
for the authority to use PFC revenue on a project. A public agency may
apply for the authority to impose a PFC at any commercial service
airport it controls to finance airport-related projects to be carried
out at that airport or at any existing or proposed airport which the
public agency controls. A public agency may apply for the authority to
impose a PFC in advance of or concurrent with an application to use PFC
revenue. Applications shall be submitted in a manner and form
prescribed by the Administrator and shall include the information
required under paragraphs (b) or (c), or both, of this section.
(b) Application for authority to impose a PFC. This paragraph sets
forth the information to be submitted by all public agencies seeking
authority to impose a PFC. A separate application shall be submitted
for each airport at which a PFC is to be imposed. The application shall
be signed by an authorized official of the public agency, and, unless
otherwise authorized by the Administrator, must include the following:
(1) The name and address of the public agency.
(2) The name and telephone number of the official submitting the
application on behalf of the public agency.
(3) The official name of the airport at which the PFC is to be
imposed.
(4) The official name of the airport at which a project is proposed.
(5) A copy of the airport capital plan or other documentation of
planned improvements for each airport at which a PFC financed project is
proposed.
(6) A description of each project proposed.
(7) The project justification, including the extent to which the
project achieves one or more of the objectives set forth in 158.15(a).
In its justification for any project for terminal development, including
gates and related areas, the public agency shall discuss any existing
conditions that limit competition between and among air carriers and
foreign air carriers at the airport, any initiatives it proposes to
foster opportunities for enhanced competition between and among such
carriers, and the expected results of such initiatives.
(8) The charge to be imposed on each enplaned passenger.
(9) The proposed charge effective date.
(10) The estimated charge expiration date.
(11) A summary of consultation with air carriers and foreign air
carriers operating at the airport, including --
(i) A list of such carriers and those notified;
(ii) A list of carriers that acknowledged receipt of the notice
provided 158.23(a);
(iii) Lists of carriers that certified agreement and that certified
disagreement with the project; and
(iv) A summary of substantive comments by carriers contained in any
certifications of disagreement with the project, and the public agency's
reasons for proceeding.
(12) If the public agency is also filing a request under 158.11 --
(i) The request;
(ii) A copy of the information provided to the carriers under
158.23(a)(3);
(iii) A copy of the carriers' comments with respect to such
information;
(iv) A list of any class or classes of carriers that would not be
required to collect a PFC if the request is approved; and
(v) The public agency's reasons for submitting the request in the
face of any opposing comments.
(13) A copy of information regarding the financing of the project
presented to the carriers and foreign air carriers under 158.23 of this
part and as revised during consultation.
(14) For an application not accompanied by a concurrent application
for authority to use PFC revenue:
(i) A description of any alternative methods being considered by the
public agency to accomplish the objectives of the project;
(ii) A description of alternative uses of the PFC revenue to ensure
such revenue will be used only on eligible projects in the event the
proposed project is not approved;
(iii) A timetable with projected dates for completion of project
formulation activities and submission of an application to use PFC
revenue; and
(iv) A projected date of project implementation and completion.
(15) A signed statement certifying that the public agency will comply
with the assurances set forth in Appendix A to this part.
(16) Such additional information as the Administrator may require.
(c) Application for authority to use PFC revenue. A public agency
may use PFC revenue only for projects approved under this paragraph.
This paragraph sets forth the information that a public agency shall
submit, unless otherwise authorized by the Administrator, when applying
for the authority to use PFC revenue to finance specific projects.
(1) An application submitted concurrently with an application for the
authority to impose a PFC, must include:
(i) The information required under paragraphs (b) (1) through (13) of
this section;
(ii) A signed certification that --
(A) For projects required to be shown on an ALP, the ALP depicting
the project has been approved by the FAA and the date of such approval;
(B) All environmental reviews required by the National Environmental
Policy Act (NEPA) of 1969 have been completed and a copy of the final
FAA environmental determination with respect to the project has been
approved, and the date of such approval, if such determination is
required; and
(C) The final FAA airspace determination with respect to the project
has been completed, and the date of such determination, if an airspace
study is required.
(iii) The estimated project implementation date, schedule and
completion date; and
(iv) The information required by 158.25(b)(15) and (16).
(2) An application where the authority to impose a PFC has previously
been approved --
(i) Shall be preceded by further consultation with air carriers and
foreign air carriers as set forth under 158.23 of this part, except
that the meeting required under 158.23(a)(4) is optional; and
(ii) Shall include, in addition to a summary of further consultation
conducted under paragraph (c)(2)(i) of this section, the following,
updated and revised where appropriate --
(A) The information required by paragraphs (b) (1), (2), (4), (5),
(6), (7), (10) and (13) of this section;
(B) The information required by paragraph (c)(1)(ii) of this section;
and
(C) The information required by paragraphs (b) (15) and (16) of this
section.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2,
1991)
14 CFR 158.27 Review of applications.
(a) General. This section describes the process for review of all
applications filed under 158.25 of this part.
(b) Determination of completeness. Within 30 days after receipt of
an application by the FAA Airports office, the Administrator determines
whether the application substantially complies with the requirements of
158.25.
(c) Process for substantially complete application. If the
Administrator determines the application is substantially complete, the
following procedures apply:
(1) The Administrator advises the public agency by letter that its
application is substantially complete.
(2) The Administrator publishes a notice in the Federal Register
advising that the Administrator intends to rule on the application and
inviting public comment, as set forth in paragraph (e) of this section.
A copy of the notice is also provided to the public agency.
(3) The public agency --
(i) Shall make available for inspection, upon request, a copy of the
application, notice, and other documents germane to the application, and
(ii) May publish the notice in a newspaper of general circulation in
the area where the airport covered by the application is located.
(4) Following review of the application and public comments, the
Administrator issues a final decision approving or disapproving the
application, in whole or in part, no later than 120 days after the
application was received by the FAA Airports office.
(d) Process for applications not substantially complete. If the
Administrator determines an application is not substantially complete,
the following procedures apply:
(1) The Administrator notifies the public agency in writing that its
application is not substantially complete. The notification will list
the information required to complete the application.
(2) Within 15 days after the Administrator sends such notification,
the public agency shall advise the Administrator in writing whether it
intends to supplement its application.
(3) If the public agency declines to supplement the application, the
Administrator follows the procedures for review of an application set
forth in paragraph (c) of this section and issues a final decision
approving or disapproving the application, in whole or in part, no later
than 120 days after the application was received by the FAA Airports
office.
(4) If the public agency supplements its application, the original
application is deemed to be withdrawn for purposes of applying the
statutory deadline for the Administrator's decision. Upon receipt of
the supplement, the Administrator issues a final decision approving or
disapproving the supplemented application, in whole or in part, no later
than 120 days after the supplement was received by the FAA Airports
office.
(e) The Federal Register notice. The Federal Register notice
includes the following information:
(1) The name of the public agency and the airport at which the PFC is
to be imposed;
(2) A brief description of the PFC project, the level of the proposed
PFC, the proposed charge effective date, the proposed charge expiration
date and the total estimated PFC revenue;
(3) The address and telephone number of the FAA Airports office at
which the application may be inspected;
(4) The Administrator's determination on whether the application is
substantially complete and any information required to complete the
application; and
(5) The due dates for any public comments.
(f) Public comments.
(1) Interested persons may file comments on the application within 30
days after publication of the Administrator's notice in the Federal
Register.
(2) Three copies of these comments shall be submitted to the FAA
Airports office identified in the Federal Register notice.
(3) Commenters shall also provide one copy of their comments to the
public agency.
(4) Comments from air carriers and foreign air carriers may be in the
same form as provided to the public agency under 158.23.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8,
1991)
14 CFR 158.29 The Administrator's decision.
(a) Authority to impose a PFC. (1) An application to impose a PFC
will be approved in whole or in part only after a determination that --
(i) The amount and duration of the PFC will not result in revenue
that exceeds amounts necessary to finance the project;
(ii) The project will achieve the objectives set forth in 158.15(a);
(iii) The project meets the criteria set forth in 158.15(b);
(iv) The collection process, including any request by the public
agency not to require a class of carriers to collect PFC's, is
reasonable, not arbitrary, nondiscriminatory, and otherwise in
compliance with the law;
(v) The public agency has not been found to be in violation of
section 9304(e) or section 9307 of the Airport Noise and Capacity Act of
1990; and
(vi) If the public agency has not applied for authority to use PFC
revenue, a finding that there are alternative uses of the PFC revenue to
ensure that such revenue will be used on approved projects.
(2) The Administrator notifies the public agency in writing of the
decision on the application. The notification will list the projects
and alternative uses that may qualify for PFC financing under 158.15,
PFC level, total approved PFC revenue, duration of authority to impose
and earliest permissible charge effective date.
(b) Authority to use PFC revenue on an approved project. (1) An
application for authority to use PFC revenue will be approved in whole
or in part only after a determination that --
(i) The amount and duration of the PFC will not result in revenue
that exceeds amounts necessary to finance the project;
(ii) The project will achieve the objectives set forth in 158.15(a);
(iii) The project meets the criteria set forth in 158.15(b); and
(iv) All applicable requirements pertaining to the ALP for the
airport, airspace studies for the project, and the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 have been
satisfied.
(2) The Administrator notifies the public agency in writing of the
decision on the application. The notification will list the approved
projects, PFC level, total approved PFC revenue, and any limit on the
duration of authority to impose a PFC as prescribed under 158.33.
(3) Approval to use PFC revenue to finance a project shall be
construed as approval of that project.
(c) Disapproval of application. (1) If an application is
disapproved, the Administrator notifies the public agency in writing of
the decision and the reasons for the disapproval.
(2) A public agency reapplying for approval to impose or use a PFC
shall comply with 158.23 and 158.25 of this part.
(d) The Administrator publishes a monthly notice of PFC approvals and
disapprovals in the Federal Register.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 30867, July 8,
1991)
14 CFR 158.31 Duration of authority to impose a PFC after project
implementation.
A public agency that has begun implementation of a project approved
under 158.29 is authorized to impose a PFC until --
(a) The charge expiration date is reached;
(b) The total PFC revenue collected plus interest thereon will equal
the allowable cost of the approved project;
(c) The authority to collect the PFC is terminated by the
Administrator under subpart E of this part; or
(d) The public agency is determined by the Administrator to be in
violation of section 9304(e) or 9307 of the Airport Noise and Capacity
Act of 1990 (Pub. L. 101-508, Title IX, Subtitle D), and the authority
to collect the PFC is terminated under that statute's implementing
regulations under this title.
14 CFR 158.33 Duration of authority to impose a PFC before project
implementation.
(a) A public agency shall not impose a PFC beyond the lesser of the
following --
(1) 2 years after approval to use PFC revenue on an approved project
if the project has not been implemented, or
(2) 5 years after the charge effective date if an approved project is
not implemented.
(b) If, in the Administrator's judgment, the public agency has not
made sufficient progress toward implementation of an approved project
within the times specified in paragraph (a) of this section, the
Administrator begins termination proceedings under subpart E of this
part.
(c) The authority to impose a PFC following approval shall
automatically expire without further action by the Administrator on the
following dates:
(1) 3 years after the charge effective date unless --
(i) The public agency has filed an application for approval to use
PFC revenue for an eligible project that is pending before the FAA;
(ii) An application to use PFC revenue has been approved; or
(iii) A request for extension (not to exceed 2 years) to submit an
application for project approval, under 158.35, has been granted; or
(2) 5 years after the charge effective date unless the public agency
has obtained project approval.
(d) If the authority to impose a PFC expires under paragraph (c) of
this section, the public agency must provide the FAA with a list of the
air carriers and foreign air carriers operating at the airport and all
other collecting carriers that have remitted PFC revenue to the public
agency in the preceding 12 months. The FAA notifies each of the listed
carriers to terminate PFC collection no later than 30 days after the
date of notification by the FAA.
(e) Restriction on reauthorization to impose a PFC. Whenever the
authority to impose a PFC has expired or been terminated under this
section, the Administrator will not grant new approval to impose a PFC
in advance of implementation of an approved project.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2,
1991)
14 CFR 158.35 Extension of time to submit application to use PFC
revenue.
(a) A public agency may request an extension of time to submit an
application to use PFC revenue after approval of an application to
impose PFC's. At least 30 days prior to submitting such request, the
public agency shall publish notice of its intention to request an
extension in a local newspaper of general circulation and shall request
comments. The notice shall include progress on the project, a revised
schedule for obtaining project approval and reasons for the delay in
submitting the application.
(b) The request shall be submitted at least 120 days prior to the
charge expiration date and, unless otherwise authorized by the
Administrator, shall be accompanied by the following:
(1) A description of progress on the project application to date.
(2) A revised schedule for submitting the application.
(3) An explanation of the reasons for delay in submitting the
application.
(4) A summary financial report depicting the total amount of PFC
revenue collected plus interest, the projected amount to be collected
during the period of the requested extension, and any public agency
funds used on the project for which reimbursement may be sought.
(5) A summary of any further consultation with air carriers and
foreign air carriers operating at the airport.
(6) A summary of comments received in response to the local notice.
(c) The Administrator reviews the request for extension and
accompanying information, to determine whether --
(1) The public agency has shown good cause for the delay in applying
for project approval;
(2) The revised schedule is satisfactory; and
(3) Further collection will not result in excessive accumulation of
PFC revenue.
(d) The Administrator, upon determining that the agency has shown
good cause for the delay and that other elements of the request are
satisfactory, grants the request for extension to the public agency.
The Administrator advises the public agency in writing not more than 90
days after receipt of the request. The duration of the extension shall
be as specified in 158.33 of this part.
14 CFR 158.37 Amendment of approved PFC.
(a) A public agency may, without consultation or approval by the
Administrator, institute a decrease in the level of PFC to be collected
from each passenger, institute a decrease in the total PFC revenue, or
an increase in the total approved PFC revenue of 15 percent or less.
The public agency shall notify the collecting carriers and the FAA in
writing of these changes. Any new charge will be effective on the first
day of a month which is at least 60 days from the time the public agency
notifies the carriers.
(b) Subject to paragraph (b)(1) or (b)(2) of this section, an
approved PFC may be amended to increase the level of PFC to be collected
from each passenger, increase the total approved PFC revenue by more
than 15 percent, materially alter the scope of an approved project,
establish a new class of carriers under 158.11 or amend any such class
previously approved. The public agency must submit to the Administrator
a notification of any proposal to institute such an amendment. Such
notification shall include written evidence of further consultation with
and agreement or disagreement by the air carriers and foreign air
carriers operating at the airport, justification for the amendment, and
such other information as may be requested by the Administrator.
(1) In the event of no carrier disagreement with a change proposed
under paragraph (b) of this section, the public agency may institute the
proposed amendment unless, within 30 days after providing the
notification required under that paragraph, it is notified otherwise by
the Administrator. The public agency shall notify the carriers of the
effective date of any change to the approved PFC resulting from the
amendment, subject to the limitation that the effective date of any new
charge shall be no earlier than the first day of a month which is at
least 60 days from the time the public agency notifies the carriers.
(2) In the event of any carrier disagreement with a change proposed
under paragraph (b) of this section, the public agency shall submit a
request to the Administrator that the proposed amendment be approved.
In addition to the notification and written evidence required under that
paragraph, the public agency shall submit the reasons presented by the
carriers for disagreeing with the proposed amendment, its reasons for
requesting the amendment in the face of such disagreement, and such
other information as may be requested by the Administrator. The
Administrator reviews and approves or disapproves the amendment within
120 days of receipt of the request following such consultation, public
notice and opportunity for comment as the Administrator may deem
appropriate. If the amendment is approved, the Administrator advises
the public agency and notification to the carriers will be as provided
under paragraph (b)(1) of this section.
14 CFR 158.39 Use of excess PFC revenue.
(a) If the amount of PFC revenue remitted to the public agency, plus
interest, exceeds allowable costs of the project, excess funds shall be
used for approved projects or retirement of outstanding PFC-financed
bonds.
(b) For bond-financed projects, any excess PFC revenue collected
under debt servicing requirements shall be retained by the public agency
and used for approved projects or retirement of outstanding PFC-financed
bonds.
(c) When the authority to impose a PFC has expired or has been
terminated, accumulated PFC revenue shall be used for approved projects
or retirement of outstanding PFC-financed bonds.
(d) Within 30 days after the authority to impose a PFC has expired or
has been terminated, the public agency shall present a plan to the
appropriate FAA Airports office to begin using accumulated PFC revenue.
The plan shall include a timetable for the submission of any necessary
application under 158.25(c) of this part. If the public agency fails
to submit such a plan or if the plan is not acceptable to the
Administrator, the Administrator offsets Federal airport grant program
apportioned funds.
14 CFR 158.39 Subpart C -- Collection, Handling, and Remittance of PFC's
14 CFR 158.41 General.
This subpart contains the requirements for notification, collection,
handling and remittance of PFC's.
14 CFR 158.43 Public agency notification to collect PFC's.
(a) Following approval of an application to impose a PFC under
subpart B of this part, the public agency shall notify the air carriers
and foreign air carriers required to collect PFC's at its airport of the
Administrator's approval. Each notified carrier shall notify its
agents, including other issuing carriers, of the collection requirement.
(b) The notification shall be in writing and contain at a minimum the
following information:
(1) The level of PFC to be imposed.
(2) The total revenue to be collected.
(3) The charge effective date which will be the first day of a month
which is at least 60 days from the date the public agency notifies the
carriers of approval to impose the PFC.
(4) The proposed charge expiration date.
(5) A copy of the Administrator's notice of approval.
(6) The address where remittances and reports are to be filed by
carriers.
(c) The public agency shall notify carriers required to collect PFC's
at its airport of changes in the charge expiration date. Each notified
carrier shall notify its agents, including other issuing carriers, of
such changes.
(d) The public agency shall provide a copy of the notification to the
appropriate FAA Airports office.
14 CFR 158.45 Collection of PFC's on tickets issued in the U.S.
(a) On and after the charge effective date, tickets issued in the
U.S. shall include the required PFC except as provided in paragraphs (c)
and (d) of this section.
(1) Issuing carriers shall be responsible for all funds from time of
collection to remittance.
(2) The appropriate charge is the PFC in effect at the time the
ticket is issued.
(3) Issuing carriers and their agents shall collect the PFC's based
upon the itinerary at the time of issuance. Any changes in itinerary
that are initiated by a passenger that require an adjustment to the
amount paid by the passenger are subject to collection or refund of the
PFC as appropriate.
(b) Issuing carriers and their agents shall note as a separate item
on each air travel ticket upon which a PFC is shown, the total amount of
PFC's paid by the passenger and the airports for which the PFC's are
collected.
(c) For each one-way trip shown on the complete itinerary of an air
travel ticket, issuing air carriers and their agents shall collect a PFC
from a passenger only for the first two airports where PFC's are
imposed. For each round trip, a PFC shall be collected only for
enplanements at the first two enplaning airports and the last two
enplaning airports where PFC's are imposed.
(d) Issuing carriers and their agents shall not collect PFC's from a
passenger on any flight to an eligible point on an air carrier that
receives essential air service compensation on that route under section
419 of the Federal Aviation Act (49 U.S.C. App. 1389).
(e) Collected PFC's shall be distributed as noted on the air travel
ticket.
(f) Issuing carriers and their agents shall stop collecting the PFC's
on the charge expiration date stated in a notice from the public agency,
or as required by the Administrator.
14 CFR 158.47 Collection of PFC's on tickets issued outside the U.S.
(a) With respect to tickets issued outside the U.S., an air carrier
or foreign air carrier may follow the requirements of either 158.45 of
this part or this section.
(b) Notwithstanding any other provisions of this part, no foreign
airline is required to collect a PFC on air travel tickets issued on its
own ticket stock unless it serves a point or points in the U.S.
(c) If an air carrier or foreign air carrier elects not to comply
with 158.45 for tickets issued outside the U.S. --
(1) The carrier is required to collect PFC's on such tickets only for
the public agency controlling the last airport at which the passenger is
enplaned prior to departure from the U.S.
(2) The carrier may collect the PFC either at the time the ticket is
issued or at the time the passenger is last enplaned prior to departure
from the U.S. The carrier may vary the method of collection among its
flights.
(3) The carrier shall provide a written record to the passenger that
a PFC has been collected. Such a record shall appear on or with the air
travel ticket and shall include the same information as required by
158.45(b), but need not be preprinted on the ticket stock.
(4) The carrier shall collect the PFC based upon the itinerary at the
time of issuance. Any changes in itinerary that are initiated by a
passenger and that require an adjustment of the amount paid by the
passenger are subject to collection or refund of the PFC as appropriate.
(d) With respect to a flight on which the air carrier or foreign air
carrier chooses to collect the PFC at the time the air travel ticket is
issued --
(1) The carrier and its agents shall collect the required PFC on
tickets issued on or after the charge effective date.
(2) The carrier is not required to collect PFC's at the time of
enplanement for tickets sold by other air carriers or foreign air
carriers or their agents.
(e) With respect to a flight on which the air carrier or foreign air
carrier chooses to collect the PFC at the time of enplanement, the
carrier shall examine the air travel ticket of each passenger enplaning
at the airport on and after the charge effective date and shall collect
the PFC from any passenger whose air travel ticket does not include a
written record indicating that the PFC was collected at the time of
issuance.
(f) Collected PFC's shall be distributed as noted on the written
record provided to the passenger.
(g) Collecting carriers shall be responsible for all funds from time
of collection to remittance.
(h) Collecting carriers and their agents shall stop collecting the
PFC on the charge expiration date stated in a notice from the public
agency, or as required by the Administrator.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2,
1991)
14 CFR 158.49 Handling of PFC's.
(a) Collecting carriers shall establish and maintain a financial
management system to account for PFC's in accordance with the Department
of Transportation's Uniform System of Accounts and Reports (14 CFR part
241). For carriers not subject to 14 CFR part 241, such carriers shall
establish and maintain an accounts payable system to handle PFC revenue
with subaccounts for each public agency to which such carrier remits PFC
revenue.
(b) PFC revenue must be accounted for separately by collecting
carriers, but the revenue may be commingled with the carrier's other
sources of revenue. The PFC revenue is to be regarded as trust funds
held by collecting carriers as agents, for the beneficial interest of
the public agencies imposing PFC's. All PFC revenue collected and held
by the carriers are property in which the carriers hold only a
possessory interest and not an equitable interest.
(c) Each collecting carrier shall be required to disclose the
existence and amount of funds regarded as trust funds in financial
statements.
14 CFR 158.51 Remittance of PFC's.
Passenger facility charges collected by carriers shall be remitted to
the public agency on a monthly basis. PFC revenue recorded in the
accounting system of the carrier, as set forth in 158.49 of this part,
shall be remitted to the public agency no later than the last day of the
following calendar month (or if that date falls on a weekend or holiday,
the first business day thereafter).
14 CFR 158.53 Collection compensation.
As compensation for collecting, handling and remitting the PFC
revenue, the collecting air carrier shall be entitled to:
(a) Retain $0.12 of each PFC remitted on or before June 28, 1994.
Thereafter, air carriers shall be entitled to $0.08 of each PFC
remitted; and
(b) Any interest or other investment return earned on PFC revenue
between the time of collection and remittance to the public agency.
(Doc. No. 26385, 56 FR 24278, May 29, 1991; 56 FR 37127, Aug. 2,
1991)
14 CFR 158.53 Subpart D -- Reporting, Recordkeeping and Audits
14 CFR 158.61 General.
This subpart contains the requirements for reporting, recordkeeping
and auditing of accounts maintained by collecting carriers and by public
agencies.
14 CFR 158.63 Reporting requirements: public agency.
(a) The public agency shall provide quarterly reports to carriers
collecting PFC's for the public agency with a copy to the appropriate
FAA Airports office. The quarterly report shall include PFC revenue
received from collecting carriers, interest earned, and expenditures for
the quarter; cumulative PFC revenue received, interest earned,
expenditures, and the amount committed for use on currently approved
projects, including the quarter; and the current project schedule.
(b) The report shall be provided on or before the last day of the
calendar month following the calendar quarter or other period agreed by
the public agency and collecting carrier.
(c) For airports enplaning 0.25 percent or more of the total annual
enplanements in the U.S. for the prior calendar year as determined by
the Administrator, the public agency must provide the FAA, by August l
of each year, an estimate of PFC revenue to be collected for each such
airport in the ensuing fiscal year.
14 CFR 158.65 Reporting requirement: Collecting carrier.
Each carrier collecting PFC's for a public agency shall file
quarterly reports to the public agency unless otherwise agreed by the
collecting carrier and public agency, providing an accounting of funds
collected and funds remitted.
(a) Unless otherwise agreed by the collecting carrier and public
agency, reports shall state the collecting carrier and airport involved,
the total PFC revenue collected, the total amount of PFC revenue
refunded to passengers, and the amount of collected revenue withheld by
the collecting carrier for reimbursement of expenses in accordance with
158.53 of this part. The report shall include the dates and amounts of
each remittance for the quarter.
(b) The report shall be filed on or before the last day of the
calendar month following the calendar quarter or other period agreed by
the collecting carrier and public agency for which funds were collected.
14 CFR 158.67 Recordkeeping and auditing: public agency.
(a) Each public agency shall keep any unliquidated PFC revenue
remitted to it by collecting carriers on deposit in an interest bearing
account or in other interest bearing instruments used by the public
agency's airport capital fund. Interest earned on such PFC revenue
shall be used, in addition to the principal, to pay the allowable costs
of PFC-funded projects. PFC revenue may only be commingled with other
public agency airport capital funds in deposits or interest bearing
instruments.
(b) Each public agency shall establish and maintain for each approved
application a separate accounting record. The accounting record shall
identify the PFC revenue received from the collecting carriers, interest
earned on such revenue, the amounts used on each project, and the amount
reserved for currently approved projects.
(c) At least annually during the period the PFC is collected, held or
used, each public agency shall provide for an audit of its PFC account.
The audit shall be performed by an accredited independent public
accountant and may be of limited scope. The accountant shall express an
opinion of the fairness and reasonableness of the public agency's
procedures for receiving, holding, and using PFC revenue. The
accountant shall also express an opinion on whether the quarterly report
required under 158.63 fairly represents the net transactions within the
PFC account. The audit may be --
(1) Performed specifically for the PFC account; or
(2) Conducted as part of an audit under the Single Agency Audit Act
of 1983 (31 U.S.C. 7501-7) provided that the PFC is specifically
addressed by the auditor.
(3) Upon request, a copy of the audit shall be provided to each
collecting carrier that remitted PFC revenue to the public agency in the
period covered by the audit and to the Administrator.
14 CFR 158.69 Recordkeeping and auditing: Collecting carriers.
(a) Collecting carriers shall establish and maintain for each public
agency for which they collect a PFC an accounting record of PFC revenue
collected, remitted, refunded and compensation retained under 158.53(a)
of this part. The accounting record shall identify the airport at which
the passengers were enplaned.
(b) Each collecting carrier that collects more than 50,000 PFC's
annually shall provide for an audit at least annually of its PFC
account.
(1) The audit shall be performed by an accredited independent public
accountant and may be of limited scope. The accountant shall express an
opinion on the fairness and reasonableness of the carrier's procedures
for collecting, holding, and dispersing PFC revenue. The opinion shall
also address whether the quarterly reports required under 158.65 fairly
represent the net transactions in the PFC account.
(2) For the purposes of an audit under this section, collection is
defined as the point when agents or other intermediaries remit PFC
revenue to the carrier.
(3) Upon request, a copy of the audit shall be provided to each
public agency for which a PFC is collected.
14 CFR 158.71 Federal oversight.
(a) The Administrator may periodically audit and/or review the use of
PFC revenue by a public agency. The purpose of the audit or review is
to ensure that the public agency is in compliance with the requirements
of this part and section 1113(e) of the Federal Aviation Act.
(b) The Administrator may periodically audit and/or review the
collection and remittance by the collecting carriers of PFC revenue.
The purpose of the audit or review is to ensure collecting carriers are
in compliance with the requirements of this part and section 1113(e) of
the Federal Aviation Act.
(c) Public agencies and carriers shall allow any authorized
representative of the Administrator, the Secretary of Transportation, or
the Comptroller General of the U.S., access to any of its books,
documents, papers, and records pertinent to PFC's
14 CFR 158.71 Subpart E -- Termination
14 CFR 158.81 General.
This subpart contains the procedures for termination of PFC's or loss
of Federal airport grant funds for violations of this part or section
1113(e) of the Federal Aviation Act. This subpart does not address the
circumstances under which authority to collect PFC's may be terminated
for violations of the Airport Noise and Capacity Act of 1990.
14 CFR 158.83 Informal resolution.
The Administrator shall undertake informal resolution with the public
agency or any other affected party if, after review under 158.71, the
Administrator cannot determine that PFC revenue is being used for the
approved projects in accordance with the terms of the Administrator's
approval to impose a PFC for those projects or with section 1113(e) of
the Federal Aviation Act.
14 CFR 158.85 Termination of authority to impose PFC's.
(a) The FAA begins proceedings to terminate the public agency's
authority to impose a PFC only if the Administrator determines that
informal resolution is not successful.
(b) The Administrator publishes a notice of proposed termination in
the Federal Register and supplies a copy to the public agency. This
notice will state the scope of the proposed termination, the basis for
the proposed action and the date for filing written comments or
objections by all interested parties. This notice will also identify
any corrective actions the public agency can take to avoid further
proceedings. The due date for comments and corrective action shall be
no less than 60 days after publication of the notice.
(c) If corrective action has not been taken as prescribed by the
Administrator, the FAA holds a public hearing, and notice is given to
the public agency and published in the Federal Register at least 30 days
prior to the hearing. The hearing will be in a form determined by the
Administrator to be appropriate to the circumstances and to the matters
in dispute.
(d) The Administrator publishes the final decision in the Federal
Register. Where appropriate, the Administrator may prescribe corrective
action, including any corrective action the public agency may yet take.
A copy of the notice is also provided to the public agency.
(e) Within 10 days of the date of publication of the notice of the
Administrator's decision, the public agency shall --
(1) Advise the FAA in writing that it will complete any corrective
action prescribed in the decision within 30 days; or
(2) Provide the FAA with a listing of the air carriers and foreign
air carriers operating at the airport and all other issuing carriers
that have remitted PFC revenue to the public agency in the preceding 12
months.
(f) When the Administrator's decision does not provide for corrective
action or the public agency fails to complete such action, the FAA
provides a copy of the Federal Register notice to each air carrier and
foreign air carrier identified in paragraph (e) of this section. Such
carriers are responsible for terminating or modifying PFC collection no
later than 30 days after the date of notification by the FAA.
14 CFR 158.87 Loss of federal airport grant funds.
(a) If the Administrator determines that revenue derived from a PFC
is excessive or is not being used as approved, the Administrator may
reduce the amount of funds otherwise payable to the public agency under
section 507 of the AAIA of 1982, 49 U.S.C. App. 2206. Such a reduction
may be made as a corrective action under 158.83 or 158.85 of this
part.
(b) The amount of the reduction under paragraph (a) of this section
shall equal the excess collected, or the amount not used in accordance
with this part.
(c) A reduction under paragraph (a) of this section shall not
constitute a withholding of approval of a grant application or the
payment of funds under an approved grant within the meaning of 49 U.S.C.
App. 2218.
14 CFR 158.87 Subpart F -- Reduction in Airport Improvement Program Apportionment
14 CFR 158.91 General.
This subpart describes the required reduction in funds apportioned to
a large or medium hub airport that imposes a PFC.
14 CFR 158.93 Public agencies subject to reduction.
The funds apportioned under section 507(a)(1) of the Airport and
Airway Improvement Act of 1982 to a public agency for a specific primary
commercial service airport that it controls are reduced if --
(a) Such airport enplanes 0.25 percent or more of the total annual
enplanements in the U.S., and
(b) The public agency imposes a PFC at such airport.
14 CFR 158.95 Implementation of reduction.
(a) A reduction in apportioned funds will be applied beginning in the
fiscal year immediately following the Administrator's approval of
authority to impose a PFC and will be applied in each succeeding fiscal
year in which the public agency imposes a PFC.
(b) The reduction in apportioned funds is calculated at the beginning
of each fiscal year and shall be an amount equal to 50 percent of the
PFC revenue forecast for the fiscal year, except that the maximum
reduction in a fiscal year shall not exceed 50 percent of the funds that
would otherwise be apportioned to the public agency based on passengers
enplaning at the airport.
(c) If the projection of PFC revenue in a fiscal year is inaccurate,
the reduction in apportioned funds may be increased or decreased in the
following fiscal year, except that any further reduction shall not cause
the total reduction to exceed 50 percent of such apportioned amount as
would otherwise be apportioned in any fiscal year.
14 CFR 158.95 Appendix A -- Assurances
A. General.
1. These assurances shall be complied with in the conduct of a
project funded with passenger facility charge (PFC) revenue.
2. These assurances are required to be submitted as part of the
application for approval of authority to impose a PFC under the
provisions of the Aviation Safety and Capacity Expansion Act of 1990.
3. Upon approval by the Administrator of an application, the public
agency is responsible for compliance with these assurances.
B. Public agency certification. The public agency hereby assures and
certifies, with respect to this project that:
1. Responsibility and authority of the public agency. It has legal
authority to impose a PFC and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly
adopted or passed as an official act of the public agency's governing
body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and
authorizing the person identified as the official representative of the
public agency to act in connection with the application.
2. Compliance with regulation. It will comply with all provisions of
14 CFR part 158.
3. Compliance with state and local laws and regulations. It has
complied, or will comply, with all applicable State and local laws and
regulations.
4. Environmental, airspace and airport layout plan requirements. It
will not use PFC revenue on a project until the FAA has notified the
public agency that --
(a) Any actions required under the National Environmental Policy Act
of 1969 have been completed;
(b) The appropriate airspace finding has been made; and
(c) The FAA Airport Layout Plan with respect to the project has been
approved.
5. Nonexclusivity of contractual agreements. It will not enter into
an exclusive long-term lease or use agreement with an air carrier or
foreign air carrier for projects funded by PFC revenue. Such leases or
use agreements will not preclude the public agency from funding,
developing, or assigning new capacity at the airport with PFC revenue.
6. Carryover provisions. It will not enter into any lease or use
agreement with any air carrier or foreign air carrier for any facility
financed in whole or in part with revenue derived from a passenger
facility charge if such agreement for such facility contains a carryover
provision regarding a renewal option which, upon expiration of the
original lease, would operate to automatically extend the term of such
agreement with such carrier in preference to any potentially competing
air carrier or foreign air carrier seeking to negotiate a lease or use
agreement for such facilities.
7. Competitive access. It agrees that any lease or use agreements
between the public agency and any air carrier or foreign air carrier for
any facility financed in whole or in part with revenue derived from a
passenger facility charge will contain a provision that permits the
public agency to terminate the lease or use agreement if --
(a) The air carrier or foreign air carrier has an exclusive lease or
use agreement for existing facilities at such airport; and
(b) Any portion of its existing exclusive use facilities is not fully
utilized and is not made available for use by potentially competing air
carriers or foreign air carriers.
8. Rates, fees and charges.
(a) It will not treat PFC revenue as airport revenue for the purpose
of establishing a rate, fee or charge pursuant to a contract with an air
carrier or foreign air carrier.
(b) It will not include in its rate base by means of depreciation,
amortization, or any other method, that portion of the capital costs of
a project paid for by PFC revenue for the purpose of establishing a
rate, fee or charge pursuant to a contract with an air carrier or
foreign air carrier.
(c) Notwithstanding the limitation provided in subparagraph (b), with
respect to a project for terminal development, gates and related areas,
or a facility occupied or used by one or more air carriers or foreign
air carriers on an exclusive or preferential basis, the rates, fees, and
charges payable by such carriers that use such facilities will be no
less than the rates, fees, and charges paid by such carriers using
similar facilities at the airport that were not financed by PFC revenue.
9. Standards and specifications. It will carry out the project in
accordance with FAA airport design, construction and equipment standards
and specifications contained in advisory circulars current on the date
of project approval.
10. Recordkeeping and Audit. It will maintain an accounting record
for audit purposes for a period of 3 years after completion of the
project. All records will satisfy the requirements of 14 CFR part 158
and will contain documentary evidence for all items of project costs.
11. Reports. It will submit reports in accordance with the
requirements of 14 CFR part 158, subpart D, and as the Administrator may
reasonably request.
12. Airport Noise and Capacity Act of 1990. It understands sections
9304 and 9307 of the Airport Noise and Capacity Act of 1990 require the
authority to impose a PFC be terminated if the Administrator determines
the public agency has failed to comply with that act or with the
implementing regulations promulgated thereunder.
14 CFR 158.95 Pt. 159
14 CFR 158.95 PART 159 -- NATIONAL CAPITAL AIRPORTS
14 CFR 158.95 Subpart A -- General
Sec.
159.1 Applicability.
159.2 Motor vehicles carrying passengers for hire on Washington
National Airport.
159.3 (Reserved)
159.4 Motor vehicles carrying passengers for hire on Dulles
International Airport.
159.5 Lost articles.
14 CFR 158.95 Subpart B -- Motor Vehicle Rules
159.11 Applicability of Virginia laws.
159.13 Special operating rules.
159.15 Operator's license.
159.17 Speed.
159.19 Passenger's occupancy.
159.21 Emergency vehicles; right-of-way.
159.23 Parking.
159.25 Accident reports.
159.27 Repair of motor vehicles.
159.29 Busses.
159.31 Moving of motor vehicles.
159.33 License tags.
159.35 Use of access highway to Dulles International Airport.
14 CFR 158.95 Subpart C -- Aircraft Rules
159.40 Nighttime noise limitations.
159.41 Confinement of aircraft operations.
159.43 Parking of aircraft.
159.47 Disabled aircraft.
159.48 Malfunctioning aircraft.
159.49 Accident reports.
159.51 Refusal of clearance.
159.53 Minimum pilot certificate requirement.
159.55 Registration of aircraft.
159.57 Demonstrations.
159.59 Aircraft equipment and operation rules.
159.60 (Reserved)
159.61 Taxiing rules.
159.63 Use of gate positions.
14 CFR 158.95 Subpart D -- Rules of Conduct
159.71 Applicable laws.
159.73 Sanitation.
159.75 Preservation of property.
159.77 Airport and equipment.
159.79 Weapons, explosives and incendiaries.
159.81 Coin-operated machines.
159.83 False report.
159.85 Interfering or tampering with aircraft.
159.87 Repairing of aircraft.
159.89 Restricted areas.
159.91 Commercial activity.
159.93 Certain non-commercial activities.
159.94 Prohibited conduct relating to non-commercial activity.
159.95 Commercial photography.
159.97 Use of roads and walks.
159.99 Animals.
159.101 Loitering.
159.103 Drugs.
159.105 Games.
159.107 Use of Airport and airspace.
159.109 Impersonation.
159.111 Forgery and counterfeiting.
14 CFR 158.95 Subpart E -- Fire Hazards and Fueling Operations
159.121 Cleaning fluids.
159.123 Open-flame operations.
159.125 Smoking.
159.127 Storage.
159.129 Apron surface areas and floor surfaces.
159.131 Doping.
159.133 Fueling operations.
159.135 Radio operation.
159.137 Operating motor vehicles in hangar.
159.139 Grounding of aircraft in hangars.
159.141 Runway foaming services.
14 CFR 158.95 Subpart F -- Obligations of Tenants
159.151 Use of premises.
159.153 Trash containers.
159.155 Bulletin boards.
159.157 Storage of equipment.
159.159 Fire apparatus.
159.161 Discrimination or segregation.
14 CFR 158.95 Subpart G -- Mobile Lounges at Dulles International
Airport
159.171 Scope.
159.173 Rules of conduct.
159.175 Rules governing mobile lounge service.
14 CFR 158.95 Subpart H -- Charges
159.181 Landing fees.
159.183 Service fees.
159.184 Definitions.
159.185 Payment for services.
14 CFR 158.95 Subpart I -- Enforcement (Reserved)
Authority: 49 U.S.C. 2402 and 2424; the Metropolitan Washington
Airports Act of 1986, Pub. L. 99-591, Oct. 30, 1986.
Source: Docket No. 1307, 27 FR 9444, Sept. 22, 1962, unless
otherwise noted.
14 CFR 158.95 Subpart A -- General
14 CFR 159.1 Applicability.
(a) This part prescribes the rules governing the use and occupancy of
the following airports (in this part referred to as ''the Airport''):
(1) Washington National Airport as described in section 1301 of Title
7 of the District of Columbia Code, 1961 Edition, and including
buildings and facilities of that airport.
(2) Dulles International Airport, consisting of the land and access
road, located in Fairfax and Loudoun counties, Virginia, acquired in
Civil Actions Nos. 1638M and 1902M, U.S. District Court for the Eastern
District of Virginia, Alexandria Division, and including buildings and
facilities on that airport.
(b) The Director of the Bureau of National Capital Airports and with
respect to each Airport, the Airport's Manager may issue such orders and
instructions as are necessary for administering this part. The Manager
of each Airport described in paragraph (a) of this section may post
signs at the Airport to which he is assigned which state or apply
outstanding rules, regulations, orders or instructions. Each person on
the Airport shall comply with these orders, instructions, and signs.
(Doc. No. 1584, 28 FR 1036 Feb. 2, 1963, as amended by Amdt. 159-3,
28 FR 9384, Aug. 27, 1963; Amdt. 159-11, 33 FR 18367, Dec. 11, 1968)
14 CFR 159.2 Motor vehicles carrying passengers for hire on Washington
National Airport.
(a) No person may operate a taxicab or other motor vehicle on
Washington National Airport for the purpose of picking up a passenger
for hire unless he operates in accordance with one of the following
conditions:
(1) He has a contract with the United States authorizing him to pick
up passengers for hire on that airport.
(2) He operates a taxicab, in other than a taxicab pickup zone, to
carry immediately from that airport a passenger picked up in response to
a prior request, and his manifest shows the time the request was made,
the name of the person to be picked up, and the time and the point of
the pickup.
(3) He operates a taxicab, in other than a taxicab pickup zone, to
carry immediately from that airport a passenger picked up, without a
prior request, at the point of and immediately upon discharge of another
passenger delivered there.
(4) He operates a taxicab on that airport to pick up a person or
persons within an area designated as a taxicab pickup zone and pays a
$.50 fee for each such pickup (individual or group). However, the
airport manager may designate hours of operation during which a fee need
not be paid.
(b) No person may operate a taxicab or other motor vehicle on
Washington National Airport for the purpose of picking up or discharging
a passenger for hire unless he complies with each of the following
requirements:
(1) He may not solicit passengers.
(2) He may not carry in his vehicle a nonpaying passenger other than
a trainee driver.
(3) He must obey all posted official airport signs and all lawful
directions and signals of airport police.
(c) No person may operate a taxicab on Washington National Airport
for the purpose of picking up a passenger for hire unless he complies
with each of the following requirements:
(1) He must remain in his vehicle while waiting to enter a taxicab
pickup zone or while in a taxicab pickup zone, except when assisting a
passenger to enter the vehicle or when loading a passenger's baggage.
(2) He must accept as passengers those persons and only those persons
assigned by the taxicab dispatcher, if the taxicab dispatcher is on duty
at that pickup zone at the time the pickup is made.
(3) He must obey all lawful directions and signals of taxicab
dispatchers.
(4) He must be licensed to operate a taxicab, and the taxicab must be
licensed, by one of the following:
(i) The City of Alexandria;
(ii) The City of Falls Church;
(iii) Arlington County;
(iv) Fairfax County;
(v) Montgomery County;
(vi) Prince George's County;
(vii) The District of Columbia.
(5) He must have in his possession the licenses required by paragraph
(c)(4) of this section.
(6) Upon the request of an airport police officer, he must surrender
for inspection to that officer the licenses required by paragraph (c)(4)
of this section.
(7) He must display in his taxicab, in a place conspicuous to
passengers, his taxicab operator's license and a schedule of the rates
issued by the Washington Metropolitan Area Transit Commission or the
jurisdiction that has licensed his taxicab, as appropriate under
paragraph (c)(9) of this section.
(8) He must permit airport police to inspect his taxicab to determine
if he is displaying the license and rate schedule required by paragraph
(c)(7) of this section.
(9) He must charge no more than the passenger fares prescribed by the
Washington Metropolitan Area Transit Commission for interstate
transportation, if his taxicab does not have a meter, or those
prescribed by the jurisdiction that has licensed his taxicab, if his
taxicab has a meter, when transporting a passenger from a point on
Washington National Airport to:
(i) Another point on that airport;
(ii) A point on Dulles International Airport;
(iii) A point within the City of Alexandria or the City of Falls
Church;
(iv) A point within the District of Columbia; or
(v) Any point within the outer geographical boundaries of Arlington
County, Fairfax County, Montgomery County, or Prince George's County.
(d) As used in this section:
(1) The word ''taxicab'' means any motor vehicle that has a seating
capacity of not more than eight passengers in addition to the operator,
is being operated for the purpose of transporting passengers for hire
between points along the public streets as the passengers may direct,
and is not being operated on a regular route or schedule or between
fixed terminals; and
(2) The words ''taxicab dispatcher'' means any person employed by or
designated by the airport manager to direct the movement of taxicabs.
(Doc. No. 15075, 41 FR 19623, May 13, 1976)
159.3 (Reserved)
14 CFR 159.4 Motor vehicles carrying passengers for hire on Dulles
International Airport.
(a) No person may operate a taxicab or other motor vehicle on Dulles
International Airport for the purpose of picking up a passenger for hire
unless he operates in accordance with one of the following conditions:
(1) He has a contract with the United States authorizing him to pick
up passengers for hire on that airport.
(2) He operates a taxicab to carry immediately from that airport a
passenger picked up in response to a prior request, and his manifest
shows the time the request was made, the name of the person to be picked
up, and the time and the point of the pickup.
(3) He operates a taxicab to carry immediately from that airport a
passenger picked up, without a prior request, at the point of and
immediately upon discharge of another passenger delivered there.
(b) No person may operate a taxicab or other motor vehicle on Dulles
International Airport for the purpose of picking up or discharging a
passenger for hire unless he complies with each of the following
requirements:
(1) He may not solicit passengers.
(2) He may not carry in his vehicle a nonpaying passenger other than
a trainee driver.
(3) He must obey all posted official airport signs and all lawful
directions and signals of airport police.
(4) He must permit airport police to inspect his vehicle to determine
if he is displaying, in a place conspicuous to passengers, his name tag
and rate schedule.
(c) No person may operate a taxicab on Dulles International Airport
for the purpose of picking up a passenger for hire unless he complies
with each of the following requirements:
(1) He must remain in his vehicle while waiting to enter a taxicab
pickup zone or while in a taxicab pickup zone, except when assisting a
passenger to enter the vehicle or when loading a passenger's baggage.
(2) He must obey all lawful directions and signals of taxicab
dispatchers.
(d) As used in this section:
(1) The word ''taxicab'' means any motor vehicle that has a seating
capacity of not more than eight passengers in addition to the operator,
is being operated for the purpose of transporting passengers for hire
between points along the public streets as the passengers may direct,
and is not being operated on a regular route or schedule or between
fixed terminals; and
(2) The words ''taxicab dispatcher'' mean any person employed by or
designated by the Airport Manager to direct the movement of taxicabs.
(Doc. No. 15075, 41 FR 19624, May 13, 1976)
14 CFR 159.5 Lost articles.
Each person who finds a lost article on the Airport shall deposit it
at the office of the Airport police branch. If the article is not
claimed by its owner within 90 days after it is deposited, it may be
returned to the finder.
14 CFR 159.5 Subpart B -- Motor Vehicle Rules
14 CFR 159.11 Applicability of Virginia laws.
(a) Section 13 of title 18 of the U.S. Code makes applicable on
Dulles International Airport and on Washington National Airport the laws
of the Commonwealth of Virginia governing operation of motor vehicles on
public highways, to the extent that those laws are not inconsistent with
this part.
(b) The rules of conduct and prohibitions of Chapter 4, Regulation of
Traffic, of title 46.1, Motor Vehicles, of the Code of Virginia, 1950,
as amended, that carry penalties greater than a fine of not more than
$500 or imprisonment for not more than six months, or both, are hereby
incorporated by reference as provisions of this part, to the extent that
they apply by their terms to the circumstances at the airport and are
not inconsistent with specific provisions of this part. The penalties
provided by Virginia law for violations of these rules and prohibitions
are not incorporated.
(Amdt. 159-4, 30 FR 1037, Feb. 2, 1965)
14 CFR 159.13 Special operating rules.
(a) No person may operate a motor vehicle on the landing area, ramp,
or trucking concourse in the terminal building, unless --
(1) The vehicle has been inspected and approved by the Airport
Manager or his agent; and
(2) That person holds a current operator's permit issued by the
Airport Manager or is properly escorted by an Airport vehicle.
(b) The Airport Manager may issue a motor vehicle operator permit to
any competent operator, that he considers necessary for the safe and
efficient operation of the Airport. The Manager may in his discretion,
revoke such a permit at any time.
(c) No person may operate a two-wheeled motor vehicle on the landing
area, or ramp on the Airport.
(d) No person may ride a bicycle on the Airport without permission of
the Airport Manager.
(Docket No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-11, 33 FR 18367, Dec. 11, 1968)
14 CFR 159.15 Operator's license.
(a) No person may operate any motor vehicle on an Airport road unless
he holds a current operator's license issued by a political jurisdiction
or governmental agency in the United States or a foreign country.
(b) No person may operate any U.S Government motor vehicle on the
Airport unless he holds a current U.S. Government Motor Vehicle
Operator's Identification Card.
(Amdt. 159-3, 28 FR 9385, Aug. 27, 1963, as amended by Amdt. 159-11,
33 FR 18367, Dec. 11, 1968)
14 CFR 159.17 Speed.
(a) Unless otherwise authorized by the Airport Manager no person may
operate a motor vehicle at a speed --
(1) Of more than six miles an hour in the baggage concourse in the
terminal building;
(2) Of more than 15 miles an hour on any apron or ramp;
(3) Of more than 25 miles an hour on any taxiway, runway, restricted
service road, or other aircraft movement area other than the apron or
ramp; or
(4) Higher than the speed limit posted by the Airport Manager on any
area of the Airport not covered by paragraphs (a) (1) through (3) of
this section.
(b) No person may operate a motor vehicle on the Airport in a
careless or reckless manner.
(c) Each person operating a motor vehicle on the Airport shall
operate it so as to have it under proper control at all times, weather
and traffic conditions considered.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-1, 28 FR 1036, Feb. 2, 1963; Amdt. 159-9, 31 FR 9865, July 21,
1966)
14 CFR 159.19 Passenger's occupancy.
Except in a vehicle designed to carry passengers in such a manner, no
person may, while on the Airport, ride on the running board of a moving
motor vehicle, stand up in the body of a moving motor vehicle, ride on
the outside of the body of a moving motor vehicle, or ride on such a
vehicle with his arms or legs protruding from the body of the vehicle.
14 CFR 159.21 Emergency vehicles; right-of-way.
Upon the approach of a police, ambulance, fire department, or other
emergency vehicle giving an audible or visual signal that it is on an
emergency call, each person operating another vehicle on any road on the
Airport shall immediately drive his vehicle parallel with, and as near
as possible to, the right hand edge of the road, clear of all
intersections, and stay there until the emergency vehicle has stopped or
passed, unless otherwise directed by an Airport police officer.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-11, 33 FR 18367, Dec. 11, 1968)
14 CFR 159.23 Parking.
(a) No person may park or stand a motor vehicle on the Airport except
in an area specifically designated for parking or standing.
(b) No person may park a motor vehicle in any area on the Airport for
a period longer than is prescribed for that area by the Airport Manager.
(c) No person may park a motor vehicle on the Airport, except in an
attended parking area, for a period longer than 72 hours, without the
specific approval of the Manager.
(d) No person may park a motor vehicle in a metered parking space on
the Airport without depositing the required amount of money (for the
time stated on the meter) in the parking meter controlling that space.
If, during the time a motor vehicle is parked in a space controlled by a
meter, the meter shows that there is a violation, the owner or operator
of the vehicle is violating this paragraph unless he shows that the
meter was not working properly.
(e) No person may park a motor vehicle on the Airport in an area
requiring payment for parking unless he pays the required amount.
(f) No person may park a motor vehicle in a restricted or reserved
area on the Airport unless he displays, in the manner prescribed by the
Manager, a parking permit issued by the Manager for that area.
(g) No person may double park a motor vehicle on any road on the
Airport. For the purposes of this paragraph, parking a vehicle at such
a distance from the curb that another vehicle could park between it and
the curb, is considered to be double parking.
(h) No person may abandon a motor vehicle on the Airport.
(i) No person may park a motor vehicle on the Airport, in a space
marked for the parking of vehicles, in a manner to occupy a part of
another marked space.
(j) No person may leave a motor vehicle standing unattended or parked
on the Airport with a key in the ignition switch, the motor running, a
key in the door lock, or an open door.
(k) No person may park or stand a motor vehicle at any place on the
Airport in violation of any sign posted by the Manager.
(l) No person may park or stand a motor vehicle within 10 feet of a
fire hydrant on the Airport.
14 CFR 159.25 Accident reports.
Each operator of a motor vehicle involved in an accident between that
vehicle and an aircraft, or in any other motor vehicle accident, on the
Airport, that results in personal injury or in total property damages of
more than $50, shall report it fully to the Airport police office as
soon as possible after the accident. The report must include the name
and address of the person reporting.
(Amdt. 159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.27 Repair of motor vehicles.
(a) Except for persons authorized by the Airport Manager and except
for minor repairs necessary to move the vehicle from the Airport, no
person may clean or repair a motor vehicle on a road or in a parking
area of the Airport.
(b) No person may, on the Airport, move or interfere or tamper with
any motor vehicle, put its motor into motion, or take or use any part,
instrument, or tool of it, unless he has the permission of the owner or
presents satisfactory evidence to the Manager of his right to do so.
14 CFR 159.29 Busses.
No person operating a motor bus for hire may load or unload
passengers at the Airport at a place other than that designated by the
Airport Manager.
14 CFR 159.31 Moving of motor vehicles.
The Airport Manager or his agent may tow away or otherwise move any
motor vehicle on the Airport that is parked in violation of the
regulations of the Airport, if the Manager or his agent determines that
it is a nuisance or hazard. The Manager may charge a reasonable amount
for the moving service and for the storage of the vehicle, if any. The
vehicle is subject to a lien for that charge.
14 CFR 159.33 License tags.
No person may operate, stand, or park a motor vehicle on any road or
parking area on the Airport unless it has current license tags issued by
an appropriate authority. Any motor vehicle that is found standing or
parked on the Airport in violation of this section may be impounded by
an Airport police officer and removed to the Airport police station or
another area of the Airport designated for that purpose by the Airport
Manager.
14 CFR 159.35 Use of access highway to Dulles International Airport.
(a) Except in an emergency, and except as provided in paragraph (b)
of this section, private vehicles may enter upon the Dulles Airport
Access Highway only for the purpose of going to, or leaving, Dulles
International Airport on airport related business, or, with the
permission of the Airport Manager, to perform work on the Highway.
Entry by any person upon the Dulles Airport Access Highway for a purpose
not authorized by this section is a criminal offense. Violators are
subject to a penalty under these regulations.
(b) Exceptions. Any person may enter upon and travel over the Access
Highway in the following vehicles:
(1) Vehicles operated for the purpose of going directly to or from
performances at the Wolf Trap Farm Park for the Performing Arts.
(2) Buses operated in common carriage of persons by companies holding
a certificate of public convenience and necessity for an operation for
which use of the highway is appropriate, and buses operated by the
Fairfax County School System.
(3) Until January 1, 1985, or until the opening of the highway in the
Dulles Access Highway right-of-way parallel to the Access Highway in
both directions between Route 28 and Route 123, whichever is earlier:
(i) A vehicle occupied by 4 or more persons,
(ii) A vehicle occupied by 2 or 3 persons displaying a decal that
bears an FAA approval permanently affixed to the front and rear bumpers
of the vehicle, or
(iii) A vehicle occupied by the driver only and displaying a decal
that bears an FAA approval permanently affixed to the front and rear
bumpers of the vehicle.
(4) A vehicle described in paragraphs (b)(3) (i) and (ii) of this
section shall be an authorized carpool and a vehicle described in
paragraph (b)(3)(iii) of this section shall be an ''authorized
vehicle.'' The driver of such a carpool or vehicle shall operate in
compliance with the requirements of road signs pertaining to the Access
Highway erected or posted upon the Access Highway or the approaches
thereto.
(c) Except in an emergency, no operator of a private vehicle may --
(1) Enter or leave the Access Highway through an entrance or exit
road or ramp other than one constructed by the FAA as part of the Access
Highway system;
(2) Make a U-turn on the Access Highway;
(3) Enter or cross the median strip of the Access Highway;
(4) Use an exit road or ramp to enter the Access Highway;
(5) Use an entrance road or ramp to leave the Access Highway; or
(6) Operate the vehicle in violation of speed limit signs and other
operating signs posted on the Access Highway.
(Secs. 3 and 4 of the Second Washington Airport Act, 64 Stat. 770;
sec. 313 of the Federal Aviation Act of 1958, as amended (49 U.S.C.
1359); sec. 6, Dept. of Transportation Act (49 U.S.C. 1655); Secs. 3
and 4 of the Second Washington Airport Act, 64 Stat. 770; sec. 313 of
the Federal Aviation Act of 1958, as amended, 49 U.S.C. 1354(a); (49
U.S.C. 106(g)), (Revised, Pub. L. 97-449, January 12, 9830))
(Doc. No. 19939, 45 FR 22018, Apr. 3, 1980, as amended by Amdt.
159-28, 48 FR 51419, Nov. 8, 1983)
14 CFR 159.35 Subpart C -- Aircraft Rules
14 CFR 159.40 Nighttime noise limitations.
(a) Except in an emergency, and except as allowed by paragraph (b) of
this section, no person may operate an aircraft at Washington National
Airport after 9:59 p.m. and before 7:00 a.m. if the noise levels for the
aircraft type and model set out in FAA Advisory Circular 36-3B, which is
incorporated into this part by reference, exceed the applicable noise
limit set forth below. No adjustment for gross weight will be allowed:
Arrivals: 85 dBA as generated on approach.
Departures: 72dBA as generated on takeoff.
(b) An operation scheduled to arrive before 10:00 p.m. and which is
cleared for its approach before 10:30 p.m. shall not be subject to the
noise limit for arrivals set forth in paragraph (a) of this section.
(c) Aircraft types and models which are not listed in Advisory
Circular 36-3B may be operated at Washington National Airport if the FAA
determines that the aircraft type and model would meet the noise limits
of paragraph (a) of this section if it were tested in accordance with
the procedures of part 36 Appendix C of this chapter and the operator
obtains approvals required by 159.59(a).
(d) Availability of advisory circular. Advisory Circular 36-3B may
be inspected and copied at any FAA Regional Office or General Aviation
District Office. Copies of the circular are available free of charge
and may be obtained from any of those offices or from the DOT
Distribution Unit, M-443.1, Washington, D.C. 20590.
(Secs. 103, 307 (a), (b) and (c), 313(a), of the Federal Aviation Act
of 1958, as amended (49 U.S.C. 1303, 1348 and 1354); secs. 2 and 5 of
the Act for the Administration of Washington National Airport, 54 Stat.
688 as amended by 61 Stat. 94; sec. 4 of the Second Washington Airport
Act, 64 Stat. 770; sec. 6 of the Department of Transportation Act (49
U.S.C. 1655))
(Doc. No. 21955, 46 FR 58049, Nov. 27, 1981)
14 CFR 159.41 Confinement of aircraft operations.
No person may operate an aircraft on the Airport except on a hard
surface area unless otherwise authorized by the air traffic control
tower. No person may use a taxi strip on the Airport for a takeoff or
landing except as authorized by the Airport Manager.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-9, 33 FR 11076, Aug. 3, 1968)
14 CFR 159.43 Parking of aircraft.
No person may park an aircraft in any area on the Airport other than
that prescribed by the Airport Manager or his authorized representative.
No employee of the FAA may make the United States responsible for the
care or protection of any aircraft (other than of the United States)
that is parked on the Airport.
14 CFR 159.47 Disabled aircraft.
The owner of an aircraft or part thereof that is disabled shall have
it promptly repaired or moved from the Airport unless he is required to
delay it pending investigation of an accident. If he does not remove it
within a reasonable time, the Airport Manager may remove it at the
owner's expense and without liability for additional damage resulting
from the removal.
14 CFR 159.48 Malfunctioning aircraft.
No person may operate an aircraft on the ramp area or at any aircraft
gate position on the Airport until the Airport Manager or his designee
has allowed that operation if --
(a) That person has reported, has knowledge of, or has been advised
of, an indication of a fire in the aircraft;
(b) The brakes of the aircraft are inadequate because they are
malfunctioning; or
(c) The aircraft has completely lost power on one side.
Complete loss of power on one side in the case of three-engine
aircraft means loss of power of the center and one other engine.
(Secs. 303(d), 307(b), 313(a), and 1107(a), 72 Stat. 747, sec. 1, 54
Stat. 686, sec. 5, 64 Stat. 770; 49 U.S.C. 1344, 1348, 1354, 1507; 15
U.S.C. 1001, 7 U.S.C. 1037)
(Amdt. 159-6, 30 FR 11349, Sept. 4, 1965)
14 CFR 159.49 Accident reports.
(a) Each operator of an aircraft that is involved in an accident on
the Airport shall report it fully to the Airport Manager within 24 hours
after the accident. The report must include the name and address of the
person reporting.
(b) In a case where a written report of the accident is otherwise
required, a copy of that report may be given to the Manager instead of
the one required by paragraph (a) of this section.
14 CFR 159.51 Refusal of clearance.
The Airport Manager may delay or restrict any flight or other
aircraft operation at the Airport for any reason that he considers
justifiable.
14 CFR 159.53 Minimum pilot certificate requirement.
No person operating a civil aircraft may land at or take off from the
Airport (including touch and go operations) unless he holds at least a
private pilot certificate.
(Amdt. 159-12, 34 FR 19192, Dec. 4, 1969)
14 CFR 159.55 Registration of aircraft.
The pilot of each aircraft whose owner or lessee does not have a
contract with the United States for the aircraft to use the Airport,
shall register at the operations office of the Airport fixed-base
operator immediately upon landing and shall report to that operations
office before taking off.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-8, 31 FR 9865, July 21, 1966)
14 CFR 159.57 Demonstrations.
No person may give a flight or ground demonstration on the Airport,
and no person may bring an aircraft to the Airport for an aerial
demonstration within the Airport control zone without the specific
approval of the Airport Manager. This section does not apply to
courtesy flights, with new equipment, by air carriers.
14 CFR 159.59 Aircraft equipment and operation rules.
(a) Except when authorized by the Airport Manager, no person may
operate a fixed-wing aircraft on the Airport unless it has a tail or
nose wheel and wheel brakes.
(b) If the pilot of an aircraft that does not have adequate brakes is
authorized by the Airport Manager to taxi his aircraft, he may not taxi
it near a building or a parked aircraft unless there is an attendant at
the wing of his aircraft to help him.
(c) Notwithstanding paragraphs (a) and (b) of this section, an
aircraft that has wings and tail higher than five feet from the ground
and does not have adequate brakes may not be taxied on the Airport under
any conditions and must be towed if it is necessary to move it.
(Amdt. 159-29, 51 FR 43587, Dec. 3, 1986)
159.60 (Reserved)
14 CFR 159.61 Taxiing rules.
(a) No person may move an aircraft on the Airport in a careless or
reckless manner.
(b) No person may start or run an engine in an aircraft on the
Airport unless there is a competent person in the aircraft at the engine
controls, and unless blocks have been placed in front of the wheels or
the aircraft has adequate parking brakes.
(c) No person may run an engine of an aircraft parked on the Airport
in a manner that damages any other property or aircraft, or that blows
paper, dirt, or other material across taxiways or runway, so as to
endanger the safety of operation on the Airport.
(d) Each person operating an aircraft on a part of the Airport that
is not under the direction of air traffic control shall comply with the
orders, signals, and directions of the authorized representative of the
Airport Manager.
(e) No person may start or taxi any aircraft on the Airport in a
place where the exhaust blast is likely to cause injury to persons or
property. If the aircraft cannot be taxied without violating this
paragraph, the operator must have it towed to the desired destination.
(f) Each person operating a large propeller-driven aircraft shall
lower its flaps when taxiing out of an aircraft gate position.
(g) No person may move a rotorcraft at a place on the Airport (other
than a heliport) while its rotors are turning unless there is a clear
area of at least 50 feet from the outer tip of each rotor. No person
may move a rotorcraft at a heliport while its rotors are turning unless
there is a clear area of at least 20 feet from the outer tip of each
rotor.
14 CFR 159.63 Use of gate positions.
(a) No person may use an aircraft gate position on the Airport unless
he has been authorized to use it.
(b) Except in an emergency, no person may enplane or deplane
passengers on the Airport in an area that has not been established for
that purpose by the Airport Manager.
(c) No person operating a private, itinerant, nonscheduled, or
military aircraft may park, stand, unload passengers, obstruct or
attempt to use any aircraft gate position assigned to a scheduled air
carrier, without the advance approval of the Airport Manager.
(d) Except when specifically author- ized by the Airport Manager, no
person may double park an aircraft at a passenger gate.
(e) No person may enplane or deplane passengers from a double parked
aircraft through any gate other than the gate at which the aircraft is
parked.
(f) Each person operating a jet aircraft on the Airport shall use
only the gates designated by the Airport Manager for jet aircraft.
14 CFR 159.63 Subpart D -- Rules of Conduct
14 CFR 159.71 Applicable laws.
Pursuant to section 13 of Title 18, United States Code, and except as
otherwise provided in this part, the criminal laws of Virginia relating
to the following apply on the Airport:
(a) Disorderly conduct.
(b) Gambling.
(c) Obscene literature.
(d) Drunkenness.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.73 Sanitation.
(a) No person may release, deposit, blow, or spread any bodily
discharge on the floor, wall, partition, furniture, or any other part of
a public comfort station, terminal building, hangar, or other building
on the Airport, other than directly into a fixture provided for that
purpose.
(b) No person may place any foreign object in any plumbing fixture of
a public comfort station, terminal building, hangar, or other building
on the Airport.
(c) No person may dispose of sewerage, garbage, refuse, paper, or
other material on the Airport except in a receptacle provided for that
purpose.
(d) No person may eat food or drink a beverage on the Airport except
in areas specifically designed for that purpose.
14 CFR 159.75 Preservation of property.
No person may, without the specific permission of the Airport
Manager:
(a) Destroy, injure, deface, or disturb any building, sign,
equipment, marker, or other structure, tree, flower, lawn, or other
public property on the Airport;
(b) Walk on a lawn or seeded area of the Airport;
(c) Alter, add to, or erect any building on the Airport;
(d) Make an excavation on the Airport; or
(e) Willfully abandon any personal property on the Airport.
14 CFR 159.77 Airport and equipment.
No person may interfere or tamper with, or injure, any part of the
Airport or its equipment.
14 CFR 159.79 Weapons, explosives and incendiaries.
(a) Except as provided in paragraph (d) of this section, no person
may --
(1) Carry on the airport any deadly or dangerous weapon, concealed on
unconcealed, on or about his or her person or accessible property on the
airport unless the weapon --
(i) If a firearm, or a pellet pistol or pellet rifle, is unloaded or,
if another type of weapon, is deactivated to the extent possible; and
(ii) Is packaged for shipment in a container that is locked or
otherwise secure;
(2) Carry any bomb or similar explosive or incendiary device,
concealed or unconcealed, on or about his or her person or accessible
property on the airport; or
(3) Carry any bomb, or similar explosive or incendiary device, or
deadly or dangerous weapon on or about his or her person or accessible
property --
(i) When performance has begun of the inspection of the individual's
person or accessible property before entering the sterile area; or
(ii) When entering or in a sterile area.
(b) No person may furnish, give, sell, or trade a weapon on the
airport.
(c) For the purposes of this section, a weapon includes a firearm,
pellet pistol or rifle, dagger, razor, stiletto, knife with a blade
longer than three inches, blackjack, bow and arrow, sling shot, slung
shot, metal knuckles, or any object of a like kind.
(d) Paragraph (a) of this section does not apply to Special Agents
and Security Officers of the Department of Transportation, persons
authorized to carry a weapon aboard an aircraft as described in
107.21, 108.11 and 129.27 of this chapter of the CFR or to a law
enforcement officer on official duty. Paragraph (a)(1) of this section
does not apply to any person who has received the written permission of
the airport manager to carry a weapon on the airport. Paragraph (a)(2)
of this section does not apply to any person who has received the
written permission of the airport manager to carry an explosive or
incendiary device on the airport.
(e) For the purpose of this section, ''unloaded'' means the firearm
has no live round of ammunition, cartridge, detonator or powder in the
chamber or in a clip, magazine or cylinder inserted in it, or, in the
case of a pellet pistol or rifle, contains no pellet in the chamber with
compressed gas or compressed and latched spring.
(f) For the purpose of this section, ''sterile area'' means ''sterile
area'' as defined in 107.1 of this chapter.
(Amdt. 159-30, 52 FR 21504, June 8, 1987; 52 FR 23762, June 24,
1987)
14 CFR 159.81 Coin-operated machines.
No person may, on the Airport:
(a) Use or attempt to use a coin-operated machine that requires the
deposit of a coin for its use, without first depositing the coins
required by the instructions on the machine;
(b) Place or attempt to place, in a coin-operated machine, a slug,
foreign coin, or object other than the coin required by the instructions
on the machine; or
(c) Pass through, over, or under a turnstile that requires the
deposit of a coin for its use, without first depositing the required
coin in the turnstile.
14 CFR 159.83 False report.
No person may make a false report of conduct on, or the operation or
use of, the Airport to the Airport Manager or any Airport police
officer.
14 CFR 159.85 Interfering or tampering with aircraft.
No person may interfere or tamper with an aircraft on the Airport or
put its engine in motion, or use any aircraft, aircraft parts,
instruments, or tools on the Airport, without the permission of the
owner.
14 CFR 159.87 Repairing of aircraft.
No person may repair an aircraft, aircraft engine, propeller, or
apparatus in an area of the Airport other than that specifically
designated for that purpose by the Airport Manager. However, this does
not prevent a minor adjustment being made while the aircraft is on a
loading ramp preparing to takeoff, if the adjustment is necessary to
prevent a delayed takeoff.
14 CFR 159.89 Restricted areas.
(a) Except as otherwise provided in this part, no person, may,
without the written permission of the airport manager, enter any
restricted area on the airport.
(b) No person may enter the aerodrome, the control tower, any hangar,
the apron, or any other part of the Airport specified by the Airport
Manager except --
(1) A person assigned to duty at that place;
(2) An authorized representative of the Administrator or the Civil
Aeronautics Board;
(3) A passenger who, under appropriate supervision, is entering the
apron to embark or debark; or
(4) Any other person authorized by the Manager, or by a tenant for an
area he occupies.
(c) ''Restricted area'' under this section means an area of the
airport where entry is prohibited or limited to certain persons by means
of a barrier, a sign, or a verbal statement of an airport security
agent, operations officer, or law enforcement officer.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-30, 52 FR 21504, June 8, 1987)
14 CFR 159.91 Commercial activity.
(a) No person may engage in any commercial activity on the Airport
without the approval of, and under terms and conditions prescribed by,
the Airport Manager.
(b) For the purpose of this section ''commercial activity'' means any
activity undertaken for profit including the sale, provision,
advertisement or display of goods or services.
(Doc. No. 20200, 45 FR 35320, May 27, 1980)
14 CFR 159.93 Certain non-commercial activities.
(a) This section applies to the following activities undertaken not
for profit but for non-commercial purpose (hereinafter referred to as
''non-commercial'' activities):
(1) The distribution of any written or printed matter to the general
public including distribution for the conduct of surveys and petitions.
The distribution of items or material other than printed material will
be treated as a ''commercial activity'' under this part.
(2) The solicitation of funds from the general public whether or not
in connection with the distribution of written or printed matter.
(3) The sale of written or printed matter. All other sales of any
material, items, or services will be treated as a ''commercial
activity'' under this part.
(b) Each person conducting any non-commercial activity must hold a
valid permit issued by the Airport Manager and conduct the activity in
conformity with applicable laws, regulations and the terms of the
permit. Each permit shall describe the activity authorized and the area
in which it may be conducted.
(c) Procedure. Unless by prior application all available permits
have been granted, applications will be processed as follows:
(1) Each person who seeks to distribute written or printed matter
without soliciting funds or selling such matter shall immediately be
given a single permit for leafletting for noncommercial purposes upon
his request.
(2) Each person who seeks to solicit contributions or sell written or
printed matter may do so only in connection with religious expression or
as a representative of a noncommercial organization. Each such person
shall immediately be given a single permit upon submission of an
application, signed by the applicant, containing the following:
(i) The applicant's name, address, and telephone number.
(ii) The name, address, and telephone number of the organization that
the applicant purports to represent, and a letter or other documentation
that the applicant has authority to represent that organization. (This
submission is not required of an individual who would be soliciting in
connection with religious expression and who is not representing an
organization.)
(iii) The name and title of the person in the organization who will
have supervision of and responsibility for the activity at the airport,
if applicable.
(iv) A statement that the sale of printed matter and/or the
solicitation of funds is for noncommercial purposes.
(v) One of the following:
(A) A statement signed by the applicant that the applicant
represents, and will be soliciting funds or selling written or printed
matter for the sole benefit of, a religion or religious group.
(B) A statement signed by the applicant that the applicant
represents, and will be soliciting funds or selling written or printed
matter for the sole benefit of, a political organization a function of
which is to influence the nomination, election, or appointment of one or
more individuals to Federal, state, or local public office; to
influence Federal, state, or local legislation; or to advocate issues
or causes to the public.
(C) A statement signed by the applicant that the applicant's
organization has received an official Internal Revenue Service (IRS)
ruling or letter of determination stating that the organization or its
parent organization qualifies for tax-exempt status under 26 U.S.C. 501
(c)(3), (c)(4), or (c)(5).
(D) A statement signed by the applicant that the applicant's
organization has applied to the IRS for a determination of tax-exempt
status under 26 U.S.C. 501 (c)(3), (c)(4), or (c)(5), and that the IRS
has not yet issued a final administrative ruling or determination on
such status.
(E) A statement signed by the applicant that the applicant's
organization has on file with the Virginia Administrator of Consumer
Affairs a current registration statement in accordance with the Virginia
Annotated Code, Section 57-49 (1978 Cumulative Supplement),
''Registration of Charitable Organizations.''
(d) Failure to submit the information required by paragraph (c) of
this section shall result in denial of a solicitation permit. Upon
request, for a leafletting permit, or upon submission of a completed
signed application, for a solicitation permit, a permit shall be issued
unless all available permits have been issued to prior applicants.
(e) Applications for permits must be submitted to the Operations
Office of the airport concerned. Permits will be granted on a a ''first
come, first served'' basis. The area will be granted on a ''first come,
first choice'' basis. The permits are not transferable except among
individuals who have completed and submitted applications for the same
permit.
(f) Duration. Each permit shall authorize the holder to conduct
non-commercial activities for a period of 48 hours. Permits shall not
be extended or renewed. After the expiration of the permit a new
leafletting or solicitation permit may be issued to the former permit
holder upon request or submission of a new application respectively. In
such a case, applicants may be permitted to incorporate by reference any
required documentation filed with a previous application.
(g) Areas. Each permit shall specify the area in which the
non-commercial activity may be conducted by the permit holder. Permits
shall be issued for the following areas up to the maximum number
indicated:
(1) Washington National Airport:
(i) The Northwest/Trans World Airlines lobby (2),
(ii) The American Airlines lobby (1),
(iii) The main concourse and balcony (2),
(iv) The north terminal (2),
(v) The sidewalk in front of the Piedmont Aviation Terminal (1).
(2) Dulles International Airport between 4 p.m. and 8 p.m.
(i) Upper level main concourse south of ticketing area (4),
(ii) Lower level south concourse (1),
(iii) Lower level east (1),
(iv) Lower level west (1).
The areas are on display on a floor plan at the Operations Office of
each Airport.
(h) Nothing in this part shall be construed as impairing or expanding
any right which an airport lessee may otherwise have, by virtue of its
leasehold interest in airport premises, to regulate access to those
areas under its exclusive control.
(Doc. No. 20200, 45 FR 35320, May 27, 1980, as amended by Amdt.
159-21, 45 FR 70238, Oct. 23, 1980)
14 CFR 159.94 Prohibited conduct relating to non-commercial activity.
No person may conduct non-commercial activity:
(a) Without a permit or with a permit that has expired.
(b) With a permit issued in response to an intentionally false
application.
(c) With a permit outside the area designated on the permit.
(d) Within 10 feet of the following:
(1) A ticket counter,
(2) A baggage claim facility,
(3) A departure gate check-in counter,
(4) A departure gate lounge,
(5) An anti-hijack security screening point,
(6) Premises leased for the exclusive use of a concessionaire,
(7) Restroom facilities,
(8) A stair, escalator or elevator,
(9) A doorway or entrance way,
(10) A motor vehicle with embarking or disembarking passengers,
(11) A public service information counter,
(12) Persons waiting in line at any of the above listed areas.
(e) If that person is selling written or printed matter or soliciting
funds, without wearing or displaying, in a conspicuous manner, a
solicitation permit and the name of the organization that the person
represents.
(f) By use of threatening gestures, or by language directed at
another person in a manner intended to harass that other person.
(g) By intentionally touching or making physical contact with another
person unless that other person has consented to such physical contact.
(h) By repeatedly attempting to distribute written or printed matter
to, or to solicit funds from, another person when that other person has
indicated to the solicitor that he or she does not wish to accept any
matter or to make a donation.
(i) By use of a loudspeaker, sound or voice amplifying apparatus
without the permission of the Airport Manager.
(j) By setting up a table, counter or stand without the permission of
the Airport Manager.
(Secs. 2 and 4 of the Act for the Administration of Washington
National Airport, 54 Stat. 686 as amended by 61 Stat. 94; secs. 4 and
10 of the Second Washington Airport Act, 64 Stat. 770; sec. 313 of the
Federal Aviation Act of 1958, as amended (49 U.S.C. 1359); sec. 6,
Department of Transportation Act (49 U.S.C. 1655); sec. 501 of Pub. L.
96-193, February 18, 1980))
(Doc. No. 20200, 45 FR 35321, May 27, 1980, as amended by Amdt.
159-21, 45 FR 70239, Oct. 23, 1980)
14 CFR 159.95 Commercial photography.
(a) Except as provided in paragraph (b) of this section, no person
may take a still, motion, or sound picture on the Airport for commercial
purposes without the permission of the Administrator.
(b) The Airport Manager may allow any of the following to take
pictures on the Airport for commercial purposes:
(1) Professional photographers and motion picture cameramen
photographing events on the Airport as representatives of news concerns
or bona fide news publications.
(2) Professional photographers and motion picture cameramen
photographing events at the Airport, for nonprofit exhibit, to stimulate
interest in air commerce or travel, or for nonprofit educational
purposes.
(3) Professional photographers photographing scenes on the Airport
for general artistic purposes.
14 CFR 159.97 Use of roads and walks.
(a) No person may travel on the Airport except on a road, walk, or
other place provided for the kind of travel he is doing.
(b) No person may occupy or place an object on a road or walk on the
Airport in a manner that hinders or obstructs its proper use.
(c) No person may walk in a picket line as a picket or take part in a
labor or other public demonstration on any part of the Airport except a
place specifically assigned by the Airport Manager for picket lines or
other public demonstrations.
(d) No person may operate any vehicle for the disposal of garbage,
ashes or other waste material on the Airport without the approval of the
Airport Manager.
14 CFR 159.99 Animals.
(a) No person may enter the Airport with a domestic or wild animal
without the written permission of the Airport Manager, except a:
(1) Person entering any part of the Airport (other than the terminal
building, gate loading area, or other restricted area) with a domestic
animal that is kept restrained by a leash or is confined so as to be
completely under control;
(2) Person entering the terminal building or gate loading area with a
small domestic animal (such as a dog or cat) that is to be transported
by air and is kept restrained by a leash or is confined so as to be
completely under control; or
(3) Blind person entering the terminal building or gate loading area
with a seeing-eye dog.
(b) No person may hunt, fish, pursue, trap, catch, injure or kill any
bird, fish, or animal on the Airport, except when specifically
authorized by the Airport Manager.
(c) No person may ride horseback on the Airport without permission of
the Airport Manager.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.101 Loitering.
No person may loiter or loaf on any part of the Airport. If a
loitering or loafing person is told by an Airport police officer to move
on or leave the Airport, he shall do so.
14 CFR 159.103 Drugs.
(a) Except for a physician or pharmacist licensed to practice by a
State, possession, or the District of Columbia, no person, while on the
Airport, may prescribe, dispense, sell, give away, offer to sell, or
administer any dangerous drug, or have such a drug in his possession,
with intent to sell, give away, or administer it.
(b) For the purpose of this section ''dangerous drug'' means any drug
defined as a dangerous drug in section 54.440 of the Virginia Code,
1950.
14 CFR 159.105 Games.
No person may, on the Airport, practice or play football, baseball,
golf, tennis, bandy, hockey, shinny, or any other game in which a ball,
stone, or other substance is thrown, struck, or otherwise propelled,
except during a period and in an area designated by the Airport Manager
for playing that game.
14 CFR 159.107 Use of Airport and airspace.
(a) No person who has been denied the use of the Airport by the
Airport Manager may enter on or use the Airport except while traveling
through as a passenger in an interstate bus or taxi or while embarking
or debarking as a passenger on an aircraft operating on the Airport.
(b) No person, except an employee of the United States performing his
official duties or a person who has the specific permission of the
Airport Manager, may prepare to operate, operate, or release a kite,
parachute, or balloon, model aircraft, or rocket on the Airport.
14 CFR 159.109 Impersonation.
No person, except a member of the Bureau of National Capital Airports
Police Force, may:
(a) Represent himself as a member of that Force;
(b) Assume or exercise the functions, powers, duties, or privileges
of a member of that Force; or
(c) Wear or have in his possession a badge, uniform, or other
insignia that is, or purports to be, that worn by a member of the Force.
14 CFR 159.111 Forgery and counterfeiting.
No person may make, possess, use, offer for sale, sell, barter,
exchange, pass, or deliver any forged, counterfeit, or falsely altered
ticket, permit, certificate, placard, sign, or other authorization or
direction purporting to be issued by or on behalf of the Administrator
or the Airport Manager in controlling, operating, maintaining, or
protecting the Airport.
14 CFR 159.111 Subpart E -- Fire Hazards and Fueling Operations
14 CFR 159.121 Cleaning fluids.
(a) Except as provided in paragraph (b) of this section, no person
may use a flammable volatile liquid having a flash point of less than
110 degrees Fahrenheit for cleaning purposes in a hangar or other
building on the Airport.
(b) No person may use a flammable volatile liquid having a flash
point of less than 110 degrees Fahrenheit to clean an aircraft, aircraft
engine, propeller, or appliance, on the Airport, unless it is done in
the open air or in a room specifically set aside for that purpose. If a
room is used, it must be fireproofed, be equipped with automatic
sprinklers, and have adequate and readily accessible fire extinguishing
apparatus.
14 CFR 159.123 Open-flame operations.
No person may conduct an open-flame operation on the Airport without
the specific permission of the Airport Manager.
14 CFR 159.125 Smoking.
No person may smoke on any Airport apron or ramps, in any hangar or
shop, in any aircraft on the Airport, or in any other place on the
Airport where smoking is specifically prohibited by the Airport Manager.
14 CFR 159.127 Storage.
(a) No person may store or stock material or equipment on the Airport
in a manner that constitutes a fire hazard.
(b) No person may keep or store any flammable liquid, gas, signal
flare, or other similar material in a hangar or other building on the
Airport. How- ever, such a material may be kept in an aircraft in
proper receptacles, in rooms or areas specifically approved for that
storage by the Airport Manager, or in safety cans approved by
appropriate insurance underwriters.
(c) No person may keep or store lubricating or waste oils in or about
a hangar, except in a room specifically designated for oil storage.
However, not more than a 12-hour supply of lubricating oil may be kept
in or about a hangar in containers or receptacles approved by
appropriate insurance underwriters.
(d) Each lessee of a hangar (or its sublessee) on the Airport shall
provide suitable metal receptacles, with self-closing covers, for
storing waste, rags and other rubbish, and shall remove all rubbish from
its premises each day.
(Doc. No. 1307, 27 FR 9444, Sept. 22, 1962, as amended by Amdt.
159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.129 Apron surface areas and floor surfaces.
(a) Each person to whom space on the Airport is leased, assigned, or
made available for use shall keep the space free and clear of oil,
grease, or other foreign materials that could cause a fire hazard or a
slippery or otherwise unsafe condition.
(b) No person may use any material (such as oil absorbents or similar
material) that creates an eye hazard when picked up, swirled, or blown
about by the blast from an aircraft engine in any passenger loading area
or other public area.
14 CFR 159.131 Doping.
(a) No person may conduct a doping process on the Airport except in a
properly designed, fireproof, and ventilated room or building in which
all lights, wiring, heating, ventilation equipment, switches, outlets,
and fixtures are explosion-proof, spark-proof, and vapor-proof, and in
which all windows and doors are easily opened.
(b) No person may enter or work in a dope room while doping processes
are being conducted unless he is wearing spark-proof shoes.
14 CFR 159.133 Fueling operations.
(a) No person may fuel or defuel an aircraft on the Airport while:
(1) Its engine is running or is being warmed by applying external
heat;
(2) It is in a hangar or enclosed space;
(3) It is within 50 feet of any hangar or other building on the
Airport; or
(4) Passengers are in the aircraft, unless a passenger loading ramp
is in place at the cabin door, the door is open, and a cabin attendant
is at or near the door.
(b) No person other than those covered by paragraph (a)(4) of this
section and those persons necessarily engaged in the fueling or
defueling may be within 100 feet of an aircraft that is being fueled or
defueled.
(c) No person may start the engine of an aircraft on the Airport if
there is any gasoline or other volatile flammable liquid on the ground
underneath it.
(d) No person may operate a radio transmitter or receiver, or switch
electrical appliances on or off, in an aircraft on the Airport, while it
is being fueled or defueled.
(e) During the fueling of an aircraft, on the Airport, the dispensing
apparatus and the aircraft must both be grounded in accordance with
orders and instructions of the Airport Manager.
(f) Each person engaged in fueling or defueling, on the Airport,
shall exercise care to prevent the overflow of fuel, and must have
readily accessible and adequate fire extinguishers.
(g) During the fueling or defueling of an aircraft, on the Airport,
no person may, within 50 feet of that aircraft, smoke or use any
material that is likely to cause a spark or be a source of ignition.
(h) Each hose, funnel, or appurtenance used in fueling or defueling
an aircraft on the Airport must be maintained in a safe, sound, and
nonleaking condition and must be properly grounded to prevent ignition
of volatile liquids.
14 CFR 159.135 Radio operation.
No person may operate any radio equipment in an aircraft while the
aircraft is in a hangar on the Airport if any maintenance work, other
than radio maintenance, is being done on that aircraft.
14 CFR 159.137 Operating motor vehicles in hangar.
No person may operate a motor vehicle in any hangar on the Airport
unless its exhaust is protected by screens or baffles.
(Amdt. 159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.139 Grounding of aircraft in hangars.
No person may park an aircraft in any hangar or other structure on
the Airport unless the aircraft is grounded in accordance with the
orders and instructions of the Airport Manager.
14 CFR 159.141 Runway foaming services.
Each operator of an aircraft for which runway foaming services are
provided on the Airport at his request shall pay the expenses arising
from providing those services.
14 CFR 159.141 Subpart F -- Obligations of Tenants
14 CFR 159.151 Use of premises.
No lessee of Airport property may knowingly allow that property to be
used or occupied for any purpose prohibited by this part.
14 CFR 159.153 Trash containers.
(a) No tenant, lessee, concessionaire, or agent of any of them, doing
business on the Airport, may keep uncovered trash containers on a
sidewalk or road or in a public area of the Airport.
(b) No person may operate an uncovered vehicle to haul trash on the
Airport.
(c) No person may operate a vehicle for hauling trash, dirt, or any
other material on the Airport unless it is built to prevent its contents
from dropping, sifting, leaking, or otherwise escaping.
(d) No person may spill dirt or any other material from a vehicle
operated on the Airport.
14 CFR 159.155 Bulletin boards.
Each lessee of a hangar or other operational area specified by the
Airport Manager on the Airport shall maintain a bulletin board in a
conspicuous place in his hangar or area. He shall post on that board
current workmen's compensation notices, a list of competent physicians,
a list of his liability insurance carriers, a copy of this part, and a
copy of each pertinent order or instruction issued under this part.
14 CFR 159.157 Storage of equipment.
No tenant or lessee of a hangar, shop facility, or other operational
area specified by the Airport Manager on the Airport may store or stack
equipment or material in a manner to be a hazard to persons or property.
14 CFR 159.159 Fire apparatus.
Each tenant or lessee of a hangar, shop, facility, or other
operational area specified by the Airport Manager on the Airport shall
supply and maintain adequate and readily accessible fire extinquishers,
approved by fire underwriters for the hazard involved, that the Airport
Manager considers necessary.
14 CFR 159.161 Discrimination or segregation.
All services performed in operating a facility at the Airport must be
without discrimination or segregation as to race, creed, color, sex, or
national origin.
(Amdt. 159-11, 33 FR 18368, Dec. 11, 1968)
14 CFR 159.161 Subpart G -- Mobile Lounges at Dulles International Airport
14 CFR 159.171 Scope.
(a) This subpart contains the rules specifically applicable to the
mobile lounge service provided by the FAA at Dulles International
Airport.
(b) ''Carrier'' means any person at whose request mobile lounge
service is provided.
(Amdt. 159-5, 30 FR 8828, July 14, 1965)
14 CFR 159.173 Rules of conduct.
Subpart D -- Rules of Conduct of this part applies on board the
mobile lounges except where inconsistent with this subpart.
(Amdt. 159-5, 30 FR 8828, July 14, 1965)
14 CFR 159.175 Rules governing mobile lounge service.
(a) Not more than 102 persons may enter a mobile lounge to be carried
on any trip, and the carrier may not admit more than this number to a
mobile lounge.
(b) No person may enter a mobile lounge unless he is admitted by the
carrier. The carrier may admit any person to a mobile lounge except --
(1) An unaccompanied child under 5 years of age, unless the carrier
accepts him for transportation in the aircraft and he is attended by the
carrier or its agent;
(2) A person in a wheelchair, unless he is in an ''aircraft-type''
portable seat and is attended to insure his mobility;
(3) A person on a stretcher;
(4) A person who appears to be intoxicated;
(5) A person whose clothing or equipment is in such a condition that
it might soil, stain, or otherwise damage the lounge; and
(6) Any other person who is not acceptable for transportation by the
carrier and whose physical or mental condition creates a hazard for
himself or other persons in the lounge.
(c) No carrier may carry in a mobile lounge any baggage, pet or
animal, equipment, or other property, and no person may bring any of
these things on board a lounge, except --
(1) Checked baggage of a passenger who arrives at the check-in
counter after the baggage carts have departed for the aircraft and there
is no other practical method of transportation;
(2) Domestic pets and animals that are allowed by the carrier to
travel in the passenger compartment of the aircraft;
(3) Firearms, rifles, or sporting guns that are disassembled or in
cases and are acceptable for transportation by the carrier; and
(4) ''Carry-on'' baggage that, when carried by the passenger, meets
any size, weight, and number-of-pieces requirements set by the carrier.
(d) No person may display, serve, or consume any food or beverage in
a mobile lounge and no carrier may allow any person to do so.
(e) The Airport Manager may grant exceptions from paragraphs (b) or
(c) of this section in any case on a showing that the use of other means
of conveyance between terminal building and aircraft would constitute an
unusual hardship, and that the persons or property to be transported on
the mobile lounge have been or will be transported on the carrier's
aircraft. Such an exception is granted only under conditions that will
prevent danger or discomfort for any persons or injury to any property.
(Amdt. 159-5, 30 FR 8828, July 14, 1965, as amended by Amdt. 159-11,
33 FR 18368, Dec. 11, 1968)
14 CFR 159.175 Subpart H -- Charges
14 CFR 159.181 Landing fees.
(a) Except as provided in paragraph (b) of this section, the charges
for each landing of an aircraft at Washington National Airport or
Washington Dulles International Airport are as follows:
(1) Signatory carriers. Unless the carrier has a contract with the
Airport management which provides otherwise, the carrier shall pay a
landing fee for each of its aircraft that comes to a full stop at the
Airport. The fee shall be paid at a rate for each 1,000 pounds or part
thereof the maximum authorized landing weight of the aircraft permitted
at the Airport. The rate per 1,000 pounds will be calculated by the
Director, Metropolitan Washington Airports to recover the net direct and
allocated costs of the airfield cost center, including utilities. The
fee shall be calculated annually and adjusted for the underrecovery or
the overrecovery of the prior year's costs.
(2) Non-signatory carriers. Each non-signatory carrier shall pay a
landing fee equal to 125 percent of the current fee applicable to
signatory carriers under paragraph (a) of this section.
(3) Other operators. All other users of the Airport shall pay
landing fees on the same basis and at the same rate as the signatory
carriers except that a minimum landing fee shall be applicable as
provided in paragraph (a)(4) of this section.
(4) The minimum landing charge at Washington National Airport and
Washington Dulles International Airport for all aircraft, including
helicopters, shall be $4.00.
(b) There is no landing charge under this section for the following:
(1) Public aircraft.
(2) Aircraft departing from the Airport that are compelled to land at
either Airport for safety reasons without landing at any other airport.
(3) Aircraft operations for which the Director, Metropolitan
Washington Airports determines that a charge should not be imposed.
(Amdt. 159-31, 52 FR 21910, June 9, 1987)
14 CFR 159.183 Service fees.
Each carrier or general aviation operator which uses the following
services shall pay to the Director, Metropolitan Washington Airports the
fee established by the Airports for the service as follows unless the
carrier or operator has a contract with the Airport which prescribes a
different fee:
(a) Common use facilities -- for use of the holdroom areas, baggage
claim areas, baggage roadways, and porter facilities: The landing fee
prescribed by 159.181.
(b) Mobile lounge fees per trip: $50.00.
(c) Federal Inspection Service fees (established annually) for use of
the area where the Federal Inspection Services are performed: The fee
per passenger paid by the signatory carriers.
(Amdt. 159-31, 52 FR 21911, June 9, 1987)
14 CFR 159.184 Definitions.
For the purpose of 159.181 and 159.183:
(a) A signatory carrier is a carrier operating under part 121, part
127, part 129, or providing scheduled or non-scheduled operations under
part 135, that has entered into a contract with the Airport specifying
the fees and charges for use of the Airport; and
(b) A non-signatory carrier is a carrier operating under part 121,
part 127, part 129, or providing scheduled operations under part 135,
that does not have a contract with the Airport specifying the fees and
charges for use of the Airport.
(c) Public aircraft means aircraft used only in the service of a
government or a political subdivision. It does not include any
government-owned aircraft engaged in carrying persons or property for
commercial purposes.
(Amdt. 159-31, 52 FR 21911, June 9, 1987)
14 CFR 159.185 Payment for services.
(a) Unless other arrangements for payment have been made with the
approval of the airport management, general aviation landing fees shall
be paid to the fixed base operator at the Airport and a carrier shall
report its weight to an authorized ground handler at the Airport.
(b) Unless satisfactory credit arrangements have been made, a person
who has used Airport facilities, or who owes for storage, supplies,
repairs, or other services by the Airports, must pay for them before
takeoff.
(Amdt. 159-31, 52 FR 21911, June 9, 1987)
14 CFR 159.185 Subpart I -- Enforcement (Reserved)
14 CFR 159.185 PART 161 -- NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS
14 CFR 159.185 Subpart A -- General Provisions
Sec.
161.1 Purpose.
161.3 Applicability.
161.5 Definitions.
161.7 Limitations.
161.9 Designation of noise description methods.
161.11 Identification of land uses in airport noise study area.
14 CFR 159.185 Subpart B -- Agreements
161.101 Scope.
161.103 Notice of the proposed restriction.
161.105 Requirements for new entrants.
161.107 Implementation of the restriction.
161.109 Notice of termination of restriction pursuant to an
agreement.
161.111 Availability of data and comments on a restriction
implemented pursuant to an agreement.
161.113 Effect of agreements; limitation on reevaluation.
14 CFR 159.185 Subpart C -- Notice Requirements for Stage 2
Restrictions
161.201 Scope.
161.203 Notice of proposed restrictions.
161.205 Required analysis of proposed restriction and alternatives.
161.207 Comment by interested parties.
161.209 Requirements for proposal changes.
161.211 Optional use of 14 CFR part 150 procedures.
161.213 Notification of a decision not to implement a restriction.
14 CFR 159.185 Subpart D -- Notice, Review, and Approval Requirements
for Stage 3 Restrictions
161.301 Scope.
161.303 Notice of proposed restrictions.
161.305 Required analysis and conditions for approval of proposed
restrictions.
161.307 Comment by interested parties.
161.309 Requirements for proposal changes.
161.311 Application procedure for approval of proposed restriction.
161.313 Review of application.
161.315 Receipt of complete application.
161.317 Approval or disapproval of proposed restriction.
161.319 Withdrawal or revision of restriction.
161.321 Optional use of 14 CFR part 150 procedures.
161.323 Notification of a decision not to implement a restriction.
161.325 Availability of data and comments on an implemented
restriction.
14 CFR 159.185 Subpart E -- Reevaluation of Stage 3 Restrictions
161.401 Scope.
161.403 Criteria for reevaluation.
161.405 Request for reevaluation.
161.407 Notice of reevaluation.
161.409 Required analysis by reevaluation petitioner.
161.411 Comment by interested parties.
161.413 Reevaluation procedure.
161.415 Reevaluation action.
161.417 Notification of status of restrictions and agreements not
meeting conditions-of-approval criteria.
14 CFR 159.185 Subpart F -- Failure to Comply With This Part
161.501 Scope.
161.503 Informal resolution; notice of apparent violation.
161.505 Notice of proposed termination of airport grant funds and
passenger facility charges.
Authority: 49 U.S.C. App. 1301, 1305, 1348, 1349(a), 1354, 1421,
1423, and 1486, 49 U.S.C. App. 1655(c), 49 U.S.C. App. 2101, 2102,
2103(a), and 2104 (a) and (b), 49 U.S.C. 2210(a)(5), and 49 U.S.C. App.
2153, 2154, 2155, and 2156.
Source: Docket No. 26432, 56 FR 48698, Sept. 25, 1991, unless
otherwise noted.
14 CFR 159.185 Subpart A -- General Provisions
14 CFR 161.1 Purpose.
This part implements the Airport Noise and Capacity Act of 1990 (49
U.S.C. App. 2153, 2154, 2155, and 2156). It prescribes:
(a) Notice requirements and procedures for airport operators
implementing Stage 3 aircraft noise and access restrictions pursuant to
agreements between airport operators and aircraft operators;
(b) Analysis and notice requirements for airport operators proposing
Stage 2 aircraft noise and access restrictions;
(c) Notice, review, and approval requirements for airport operators
proposing Stage 3 aircraft noise and access restrictions; and
(d) Procedures for Federal Aviation Administration reevaluation of
agreements containing restrictions on Stage 3 aircraft operations and of
aircraft noise and access restrictions affecting Stage 3 aircraft
operations imposed by airport operators.
14 CFR 161.3 Applicability.
(a) This part applies to airports imposing restrictions on Stage 2
aircraft operations proposed after October 1, 1990, and to airports
imposing restrictions on Stage 3 aircraft operations that became
effective after October 1, 1990.
(b) This part also applies to airports enacting amendments to airport
noise and access restrictions in effect on October 1, 1990, but amended
after that date, where the amendment reduces or limits aircraft
operations or affects aircraft safety.
(c) The notice, review, and approval requirements set forth in this
part apply to all airports imposing noise or access restrictions as
defined in 161.5 of this part.
14 CFR 161.5 Definitions.
For the purposes of this part, the following definitions apply:
Agreement means a document in writing signed by the airport operator;
those aircraft operators currently operating at the airport that would
be affected by the noise or access restriction; and all affected new
entrants planning to provide new air service within 180 days of the
effective date of the restriction that have submitted to the airport
operator a plan of operations and notice of agreement to the
restriction.
Aircraft operator, for purposes of this part, means any owner of an
aircraft that operates the aircraft, i.e., uses, causes to use, or
authorizes the use of the aircraft; or in the case of a leased
aircraft, any lessee that operates the aircraft pursuant to a lease. As
used in this part, aircraft operator also means any representative of
the aircraft owner, or in the case of a leased aircraft, any
representative of the lessee empowered to enter into agreements with the
airport operator regarding use of the airport by an aircraft.
Airport means any area of land or water, including any heliport, that
is used or intended to be used for the landing and takeoff of aircraft,
and any appurtenant areas that are used or intended to be used for
airport buildings or other airport facilities or rights-of-way, together
with all airport buildings and facilities located thereon.
Airport noise study area means that area surrounding the airport
within the noise contour selected by the applicant for study and must
include the noise contours required to be developed for noise exposure
maps specified in 14 CFR part 150.
Airport operator means the airport proprietor.
Aviation user class means the following categories of aircraft
operators: air carriers operating under parts 121 or 129 of this
chapter; commuters and other carriers operating under parts 127 and 135
of this chapter; general aviation, military, or government operations.
Day-night average sound level (DNL) means the 24-hour average sound
level, in decibels, for the period from midnight to midnight, obtained
after the addition of ten decibels to sound levels for the periods
between midnight and 7 a.m., and between 10 p.m. and midnight, local
time, as defined in 14 CFR part 150. (The scientific notation for DNL
is Ldn).
Noise or access restrictions means restrictions (including but not
limited to provisions of ordinances and leases) affecting access or
noise that affect the operations of Stage 2 or Stage 3 aircraft, such as
limits on the noise generated on either a single-event or cumulative
basis; a limit, direct or indirect, on the total number of Stage 2 or
Stage 3 aircraft operations; a noise budget or noise allocation program
that includes Stage 2 or Stage 3 aircraft; a restriction imposing
limits on hours of operations; a program of airport-use charges that
has the direct or indirect effect of controlling airport noise; and any
other limit on Stage 2 or Stage 3 aircraft that has the effect of
controlling airport noise. This definition does not include peak-period
pricing programs where the objective is to align the number of aircraft
operations with airport capacity.
Stage 2 aircraft means an aircraft that has been shown to comply with
the Stage 2 requirements under 14 CFR part 36.
Stage 3 aircraft means an aircraft that has been shown to comply with
the Stage 3 requirements under 14 CFR part 36.
14 CFR 161.7 Limitations.
(a) Aircraft operational procedures that must be submitted for
adoption by the FAA, such as preferential runway use, noise abatement
approach and departure procedures and profiles, and flight tracks, are
not subject to this part. Other noise abatement procedures, such as
taxiing and engine runups, are not subject to this part unless the
procedures imposed limit the total number of Stage 2 or Stage 3 aircraft
operations, or limit the hours of Stage 2 or Stage 3 aircraft
operations, at the airport.
(b) The notice, review, and approval requirements set forth in this
part do not apply to airports with restrictions as specified in 49
U.S.C. App. 2153(a)(2)(C):
(1) A local action to enforce a negotiated or executed airport
aircraft noise or access agreement between the airport operator and the
aircraft operator in effect on November 5, 1990.
(2) A local action to enforce a negotiated or executed airport
aircraft noise or access restriction the airport operator and the
aircraft operators agreed to before November 5, 1990.
(3) An intergovernmental agreement including airport aircraft noise
or access restriction in effect on November 5, 1990.
(4) A subsequent amendment to an airport aircraft noise or access
agreement or restriction in effect on November 5, 1990, where the
amendment does not reduce or limit aircraft operations or affect
aircraft safety.
(5) A restriction that was adopted by an airport operator on or
before October 1, 1990, and that was stayed as of October 1, 1990, by a
court order or as a result of litigation, if such restriction, or a part
thereof, is subsequently allowed by a court to take effect.
(6) In any case in which a restriction described in paragraph (b)(5)
of this section is either partially or totally disallowed by a court,
any new restriction imposed by an airport operator to replace such
disallowed restriction, if such new restriction would not prohibit
aircraft operations in effect on November 5, 1990.
(7) A local action that represents the adoption of the final portion
of a program of a staged airport aircraft noise or access restriction,
where the initial portion of such program was adopted during calendar
year 1988 and was in effect on November 5, 1990.
(c) The notice, review, and approval requirements of subpart D of
this part with regard to Stage 3 aircraft restrictions do not apply if
the FAA has, prior to November 5, 1990, formed a working group (outside
of the process established by 14 CFR part 150) with a local airport
operator to examine the noise impact of air traffic control procedure
changes. In any case in which an agreement relating to noise reductions
at such airport is then entered into between the airport proprietor and
an air carrier or air carrier constituting a majority of the air carrier
users of such airport, the requirements of subparts B and D of this part
with respect to restrictions on Stage 3 aircraft operations do apply to
local actions to enforce such agreements.
(d) Except to the extent required by the application of the
provisions of the Act, nothing in this part eliminates, invalidates, or
supersedes the following:
(1) Existing law with respect to airport noise or access restrictions
by local authorities;
(2) Any proposed airport noise or access regulation at a general
aviation airport where the airport proprietor has formally initiated a
regulatory or legislative process on or before October 1, 1990; and
(3) The authority of the Secretary of Transportation to seek and
obtain such legal remedies as the Secretary considers appropriate,
including injunctive relief.
14 CFR 161.9 Designation of noise description methods.
For purposes of this part, the following requirements apply:
(a) The sound level at an airport and surrounding areas, and the
exposure of individuals to noise resulting from operations at an
airport, must be established in accordance with the specifications and
methods prescribed under appendix A of 14 CFR part 150; and
(b) Use of computer models to create noise contours must be in
accordance with the criteria prescribed under appendix A of 14 CFR part
150.
14 CFR 161.11 Identification of land uses in airport noise study area.
For the purposes of this part, uses of land that are normally
compatible or noncompatible with various noise-exposure levels to
individuals around airports must be identified in accordance with the
criteria prescribed under appendix A of 14 CFR part 150. Determination
of land use must be based on professional planning, zoning, and building
and site design information and expertise.
14 CFR 161.11 Subpart B -- Agreements
14 CFR 161.101 Scope.
(a) This subpart applies to an airport operator's noise or access
restriction on the operation of Stage 3 aircraft that is implemented
pursuant to an agreement between an airport operator and all aircraft
operators affected by the proposed restriction that are serving or will
be serving such airport within 180 days of the date of the proposed
restriction.
(b) For purposes of this subpart, an agreement shall be in writing
and signed by:
(1) The airport operator;
(2) Those aircraft operators currently operating at the airport who
would be affected by the noise or access restriction; and
(3) All new entrants that have submitted the information required
under 161.105(a) of this part.
(c) This subpart does not apply to restrictions exempted in 161.7 of
this part.
(d) This subpart does not limit the right of an airport operator to
enter into an agreement with one or more aircraft operators that
restricts the operation of Stage 2 or Stage 3 aircraft as long as the
restriction is not enforced against aircraft operators that are not
party to the agreement. Such an agreement is not covered by this
subpart except that an aircraft operator may apply for sanctions
pursuant to subpart F of this part for restrictions the airport operator
seeks to impose other than those in the agreement.
14 CFR 161.103 Notice of the proposed restriction.
(a) An airport operator may not implement a Stage 3 restriction
pursuant to an agreement with all affected aircraft operators unless
there has been public notice and an opportunity for comment as
prescribed in this subpart.
(b) In order to establish a restriction in accordance with this
subpart, the airport operator shall, at least 45 days before
implementing the restriction, publish a notice of the proposed
restriction in an areawide newspaper or newspapers that either singly or
together has general circulation throughout the airport vicinity or
airport noise study area, if one has been delineated; post a notice in
the airport in a prominent location accessible to airport users and the
public; and directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service
at the airport; affected operators of aircraft based at the airport;
potential new entrants that are known to be interested in serving the
airport; and aircraft operators known to be routinely providing
non-scheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land use control
jurisdiction within the vicinity of the airport, or the airport noise
study area, if one has been delineated;
(4) Fixed-base operators and other airport tenants whose operations
may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be
interested in the proposed restriction.
(c) Each direct notice provided in accordance with paragraph (b) of
this section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction,
including sanctions for noncompliance and a statement that it will be
implemented pursuant to a signed agreement;
(3) A brief discussion of the specific need for and goal of the
proposed restriction;
(4) Identification of the operators and the types of aircraft
expected to be affected;
(5) The proposed effective date of the restriction and any proposed
enforcement mechanism;
(6) An invitation to comment on the proposed restriction, with a
minimum 45-day comment period;
(7) Information on how to request copies of the restriction portion
of the agreement, including any sanctions for noncompliance;
(8) A notice to potential new entrant aircraft operators that are
known to be interested in serving the airport of the requirements set
forth in 161.105 of this part; and
(9) Information on how to submit a new entrant application, comments,
and the address for submitting applications and comments to the airport
operator, including identification of a contact person at the airport.
(d) The Federal Aviation Administration will publish an announcement
of the proposed restriction in the Federal Register.
(Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct.
10, 1991)
14 CFR 161.105 Requirements for new entrants.
(a) Within 45 days of the publication of the notice of a proposed
restriction by the airport operator under 161.103(b) of this part, any
person intending to provide new air service to the airport within 180
days of the proposed date of implementation of the restriction (as
evidenced by submission of a plan of operations to the airport operator)
must notify the airport operator if it would be affected by the
restriction contained in the proposed agreement, and either that it --
(1) Agrees to the restriction; or
(2) Objects to the restriction.
(b) Failure of any person described in 161.105(a) of this part to
notify the airport operator that it objects to the proposed restriction
will constitute waiver of the right to claim that it did not consent to
the agreement and render that person ineligible to use lack of signature
as ground to apply for sanctions under subpart F of this part for two
years following the effective date of the restriction. The signature of
such a person need not be obtained by the airport operator in order to
comply with 161.107(a) of this part.
(c) All other new entrants are also ineligible to use lack of
signature as ground to apply for sanctions under subpart F of this part
for two years.
14 CFR 161.107 Implementation of the restriction.
(a) To be eligible to implement a Stage 3 noise or access restriction
under this subpart, an airport operator shall have the restriction
contained in an agreement as defined in 161.101(b) of this part.
(b) An airport operator may not implement a restriction pursuant to
an agreement until the notice and comment requirements of 161.103 of
this part have been met.
(c) Each airport operator must notify the Federal Aviation
Administration of the implementation of a restriction pursuant to an
agreement and must include in the notice evidence of compliance with
161.103 and a copy of the signed agreement.
14 CFR 161.109 Notice of termination of restriction pursuant to an
agreement.
An airport operator must notify the FAA within 10 days of the date of
termination of a restriction pursuant to an agreement under this
subpart.
14 CFR 161.111 Availability of data and comments on a restriction
implemented pursuant to an agreement.
The airport operator shall retain all relevant supporting data and
all comments relating to a restriction implemented pursuant to an
agreement for as long as the restriction is in effect. The airport
operator shall make these materials available for inspection upon
request by the FAA. The information shall be made available for
inspection by any person during the pendency of any petition for
reevaluation found justified by the FAA.
14 CFR 161.113 Effect of agreements; limitation on reevaluation.
(a) Except as otherwise provided in this subpart, a restriction
implemented by an airport operator pursuant to this subpart shall have
the same force and effect as if it had been a restriction implemented in
accordance with subpart D of this part.
(b) A restriction implemented by an airport operator pursuant to this
subpart may be subject to reevaluation by the FAA under subpart E of
this part.
14 CFR 161.113 Subpart C -- Notice Requirements for Stage 2 Restrictions
14 CFR 161.201 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the
operation of Stage 2 aircraft, but not Stage 3 aircraft, proposed after
October 1, 1990.
(2) An airport imposing an amendment to a Stage 2 restriction, if the
amendment is proposed after October 1, 1990, and reduces or limits Stage
2 aircraft operations (compared to the restriction that it amends) or
affects aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 2
restriction specifically exempted in 161.7 or a Stage 2 restriction
contained in an agreement as long as the restriction is not enforced
against aircraft operators that are not parties to the agreement.
14 CFR 161.203 Notice of proposed restriction.
(a) An airport operator may not implement a Stage 2 restriction
within the scope of 161.201 unless the airport operator provides an
analysis of the proposed restriction, prepared in accordance with
161.205, and a public notice and opportunity for comment as prescribed
in this subpart. The notice and analysis required by this subpart shall
be completed at least 180 days prior to the effective date of the
restriction.
(b) Except as provided in 161.211, an airport operator must publish
a notice of the proposed restriction in an areawide newspaper or
newspapers that either singly or together has general circulation
throughout the airport noise study area; post a notice in the airport
in a prominent location accessible to airport users and the public; and
directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service
at the airport; operators of aircraft based at the airport; potential
new entrants that are known to be interested in serving the airport;
and aircraft operators known to be routinely providing nonscheduled
service that may be affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control
jurisdiction within the airport noise study area;
(4) Fixed-base operators and other airport tenants whose operations
may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be
interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this
section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction,
including a statement that it will be a mandatory Stage 2 restriction,
and where the complete text of the restriction, and any sanctions for
noncompliance, are available for public inspection;
(3) A brief discussion of the specific need for, and goal of, the
restriction;
(4) Identification of the operators and the types of aircraft
expected to be affected;
(5) The proposed effective date of the restriction, the proposed
method of implementation (e.g., city ordinance, airport rule, lease),
and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, as required by 161.205
of this subpart, or an announcement of where the analysis is available
for public inspection;
(7) An invitation to comment on the proposed restriction and
analysis, with a minimum 45-day comment period;
(8) Information on how to request copies of the complete text of the
proposed restriction, including any sanctions for noncompliance, and the
analysis (if not included with the notice); and
(9) The address for submitting comments to the airport operator,
including identification of a contact person at the airport.
(d) At the time of notice, the airport operator shall provide the FAA
with a full text of the proposed restriction, including any sanctions
for noncompliance.
(e) The Federal Aviation Administration will publish an announcement
of the proposed Stage 2 restriction in the Federal Register.
14 CFR 161.205 Required analysis of proposed restriction and
alternatives.
(a) Each airport operator proposing a noise or access restriction on
Stage 2 aircraft operations shall prepare the following and make it
available for public comment:
(1) An analysis of the anticipated or actual costs and benefits of
the proposed noise or access restriction;
(2) A description of alternative restrictions; and
(3) A description of the alternative measures considered that do not
involve aircraft restrictions, and a comparison of the costs and
benefits of such alternative measures to costs and benefits of the
proposed noise or access restriction.
(b) In preparing the analyses required by this section, the airport
operator shall use the noise measurement systems and identify the
airport noise study area as specified in 161.9 and 161.11,
respectively; shall use currently accepted economic methodology; and
shall provide separate detail on the costs and benefits of the proposed
restriction with respect to the operations of Stage 2 aircraft weighing
less than 75,000 pounds if the restriction applies to this class. The
airport operator shall specify the methods used to analyze the costs and
benefits of the proposed restriction and the alternatives.
(c) The kinds of information set forth in 161.305 are useful
elements of an adequate analysis of a noise or access restriction on
Stage 2 aircraft operations.
14 CFR 161.207 Comment by interested parties.
Each airport operator shall establish a public docket or similar
method for receiving and considering comments, and shall make comments
available for inspection by interested parties upon request. Comments
must be retained as long as the restriction is in effect.
14 CFR 161.209 Requirements for proposal changes.
(a) Each airport operator shall promptly advise interested parties of
any changes to a proposed restriction, including changes that affect
noncompatible land uses, and make available any changes to the proposed
restriction and its analysis. Interested parties include those that
received direct notice under 161.203(b), or those that were required to
be consulted in accordance with the procedures in 161.211 of this part,
and those that have commented on the proposed restriction.
(b) If there are substantial changes to the proposed restriction or
the analysis during the 180-day notice period, the airport operator
shall initiate new notice following the procedures in 161.203 or,
alternatively, the procedures in 161.211. A substantial change
includes, but is not limited to, a proposal that would increase the
burden on any aviation user class.
(c) In addition to the information in 161.203(c), new notice must
indicate that the airport operator is revising a previous notice,
provide the reason for making the revision, and provide a new effective
date (if any) for the restriction. The effective date of the
restriction must be at least 180 days after the date the new notice and
revised analysis are made available for public comment.
14 CFR 161.211 Optional use of 14 CFR part 150 procedures.
(a) An airport operator may use the procedures in part 150 of this
chapter, instead of the procedures described in 161.203(b) and
161.209(b), as a means of providing an adequate public notice and
comment opportunity on a proposed Stage 2 restriction.
(b) If the airport operator elects to use 14 CFR part 150 procedures
to comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under
161.203(b) are notified that the airport's 14 CFR part 150 program will
include a proposed Stage 2 restriction under part 161, and that these
parties are offered the opportunity to participate as consulted parties
during the development of the 14 CFR part 150 program;
(2) Provide the FAA with a full text of the proposed restriction,
including any sanctions for noncompliance, at the time of the notice;
(3) Include the information in 161.203 (c)(2) through (c)(5) and
161.205 in the analysis of the proposed restriction for the part 14 CFR
part 150 program;
(4) Wait 180 days following the availability of the above analysis
for review by the consulted parties and compliance with the above notice
requirements before implementing the Stage 2 restriction; and
(5) Include in its 14 CFR part 150 submission to the FAA evidence of
compliance with paragraphs (b)(1) and (b)(4) of this section, and the
analysis in paragraph (b)(3) of this section, together with a clear
identification that the 14 CFR part 150 program includes a proposed
Stage 2 restriction under part 161.
(c) The FAA determination on the 14 CFR part 150 submission does not
constitute approval or disapproval of the proposed Stage 2 restriction
under part 161.
(d) An amendment of a restriction may also be processed under 14 CFR
part 150 procedures in accordance with this section.
14 CFR 161.213 Notification of a decision not to implement a
restriction.
If a proposed restriction has been through the procedures prescribed
in this subpart and the restriction is not subsequently implemented, the
airport operator shall so advise the interested parties. Interested
parties are described in 161.209(a).
14 CFR 161.213 Subpart D -- Notice, Review, and Approval Requirements for Stage 3 Restrictions
14 CFR 161.301 Scope.
(a) This subpart applies to:
(1) An airport imposing a noise or access restriction on the
operation of Stage 3 aircraft that first became effective after October
1, 1990.
(2) An airport imposing an amendment to a Stage 3 restriction, if the
amendment becomes effective after October 1, 1990, and reduces or limits
Stage 3 aircraft operations (compared to the restriction that it amends)
or affects aircraft safety.
(b) This subpart does not apply to an airport imposing a Stage 3
restriction specifically exempted in 161.7, or an agreement complying
with subpart B of this part.
(c) A Stage 3 restriction within the scope of this subpart may not
become effective unless it has been submitted to and approved by the
FAA. The FAA will review only those Stage 3 restrictions that are
proposed by, or on behalf of, an entity empowered to implement the
restriction.
14 CFR 161.303 Notice of proposed restrictions.
(a) Each airport operator or aircraft operator (hereinafter referred
to as applicant) proposing a Stage 3 restriction shall provide public
notice and an opportunity for public comment, as prescribed in this
subpart, before submitting the restriction to the FAA for review and
approval.
(b) Except as provided in 161.321, an applicant shall publish a
notice of the proposed restriction in an areawide newspaper or
newspapers that either singly or together has general circulation
throughout the airport noise study area; post a notice in the airport
in a prominent location accessible to airport users and the public; and
directly notify in writing the following parties:
(1) Aircraft operators providing scheduled passenger or cargo service
at the airport; operators of aircraft based at the airport; potential
new entrants that are known to be interested in serving the airport;
and aircraft operators known to be routinely providing nonscheduled
service that may be affected by the proposed restriction;
(2) The Federal Aviation Administration;
(3) Each Federal, state, and local agency with land-use control
jurisdiction within the airport noise study area;
(4) Fixed-base operators and other airport tenants whose operations
may be affected by the proposed restriction; and
(5) Community groups and business organizations that are known to be
interested in the proposed restriction.
(c) Each notice provided in accordance with paragraph (b) of this
section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the proposed restriction (and any
alternatives, in order of preference), including a statement that it
will be a mandatory Stage 3 restriction; and where the complete text of
the restriction, and any sanctions for noncompliance, are available for
public inspection;
(3) A brief discussion of the specific need for, and goal of, the
restriction;
(4) Identification of the operators and types of aircraft expected to
be affected;
(5) The proposed effective date of the restriction, the proposed
method of implementation (e.g., city ordinance, airport rule, lease, or
other document), and any proposed enforcement mechanism;
(6) An analysis of the proposed restriction, in accordance with
161.305 of this part, or an announcement regarding where the analysis is
available for public inspection;
(7) An invitation to comment on the proposed restriction and the
analysis, with a minimum 45-day comment period;
(8) Information on how to request a copy of the complete text of the
restriction, including any sanctions for noncompliance, and the analysis
(if not included with the notice); and
(9) The address for submitting comments to the airport operator or
aircraft operator proposing the restriction, including identification of
a contact person.
(d) Applicants may propose alternative restrictions, including
partial implementation of any proposal, and indicate an order of
preference. If alternative restriction proposals are submitted, the
requirements listed in paragraphs (c)(2) through (c)(6) of this section
should address the alternative proposals where appropriate.
14 CFR 161.305 Required analysis and conditions for approval of
proposed restrictions.
Each applicant proposing a noise or access restriction on Stage 3
operations shall prepare and make available for public comment an
analysis that supports, by substantial evidence, that the six statutory
conditions for approval have been met for each restriction and any
alternatives submitted. The statutory conditions are set forth in 49
U.S.C. App. 2153(d)(2) and paragraph (e) of this section. Any proposed
restriction (including alternatives) on Stage 3 aircraft operations that
also affects the operation of Stage 2 aircraft must include analysis of
the proposals in a manner that permits the proposal to be understood in
its entirety. (Nothing in this section is intended to add a requirement
for the issuance of restrictions on Stage 2 aircraft to those of subpart
C of this part.) The applicant shall provide:
(a) The complete text of the proposed restriction and any submitted
alternatives, including the proposed wording in a city ordinance,
airport rule, lease, or other document, and any sanctions for
noncompliance;
(b) Maps denoting the airport geographic boundary, and the geographic
boundaries and names of each jurisdiction that controls land use within
the airport noise study area;
(c) An adequate environmental assessment of the proposed restriction
or adequate information supporting a categorical exclusion in accordance
with FAA orders and procedures regarding compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321);
(d) A summary of the evidence in the submission supporting the six
statutory conditions for approval; and
(e) An analysis of the restriction, demonstrating by substantial
evidence that the statutory conditions are met. The analysis must:
(1) Be sufficiently detailed to allow the FAA to evaluate the merits
of the proposed restriction; and
(2) Contain the following essential elements needed to provide
substantial evidence supporting each condition for approval:
(i) Condition 1: The restriction is reasonable, nonarbitrary, and
nondiscriminatory. (A) Essential information needed to demonstrate this
condition includes the following:
(1) Evidence that a current or projected noise or access problem
exists, and that the proposed action(s) could relieve the problem,
including:
(i) A detailed description of the problem precipitating the proposed
restriction with relevant background information on factors contributing
to the proposal and any court-ordered action or estimated liability
concerns; a description of any noise agreements or noise or access
restrictions currently in effect at the airport; and measures taken to
achieve land-use compatibility, such as controls or restrictions on land
use in the vicinity of the airport and measures carried out in response
to 14 CFR part 150; and actions taken to comply with grant assurances
requiring that:
(A) Airport development projects be reasonably consistent with plans
of public agencies that are authorized to plan for the development of
the area around the airport; and
(B) The sponsor give fair consideration to the interests of
communities in or near where the project may be located; take
appropriate action, including the adoption of zoning laws, to the extent
reasonable, to restrict the use of land near the airport to activities
and purposes compatible with normal airport operations; and not cause
or permit any change in land use, within its jurisdiction, that will
reduce the compatibility (with respect to the airport) of any noise
compatibility program measures upon which federal funds have been
expended.
(ii) An analysis of the estimated noise impact of aircraft operations
with and without the proposed restriction for the year the restriction
is expected to be implemented, for a forecast timeframe after
implementation, and for any other years critical to understanding the
noise impact of the proposed restriction. The analysis of noise impact
with and without the proposed restriction including:
(A) Maps of the airport noise study area overlaid with noise contours
as specified in 161.9 and 161.11 of this part;
(B) The number of people and the noncompatible land uses within the
airport noise study area with and without the proposed restriction for
each year the noise restriction is analyzed;
(C) Technical data supporting the noise impact analysis, including
the classes of aircraft, fleet mix, runway use percentage, and day/night
breakout of operations; and
(D) Data on current and projected airport activity that would exist
in the absence of the proposed restriction.
(2) Evidence that other available remedies are infeasible or would be
less cost-effective, including descriptions of any alternative aircraft
restrictions that have been considered and rejected, and the reasons for
the rejection; and of any land use or other nonaircraft controls or
restrictions that have been considered and rejected, including those
proposed under 14 CFR part 150 and not implemented, and the reasons for
the rejection or failure to implement.
(3) Evidence that the noise or access standards are the same for all
aviation user classes or that the differences are justified, such as:
(i) A description of the relationship of the effect of the proposed
restriction on airport users (by aviation user class); and
(ii) The noise attributable to these users in the absence of the
proposed restriction.
(B) At the applicant's discretion, information may also be submitted
as follows:
(1) Evidence not submitted under paragraph (e)(2)(ii)(A) of this
section (Condition 2) that there is a reasonable chance that expected
benefits will equal or exceed expected cost; for example, comparative
economic analyses of the costs and benefits of the proposed restriction
and aircraft and nonaircraft alternative measures. For detailed
elements of analysis, see paragraph (e)(2)(ii)(A) of this section.
(2) Evidence not submitted under paragraph (e)(2)(ii)(A) of this
section that the level of any noise-based fees that may be imposed
reflects the cost of mitigating noise impacts produced by the aircraft,
or that the fees are reasonably related to the intended level of noise
impact mitigation.
(ii) Condition 2: The restriction does not create an undue burden on
interstate or foreign commerce. (A) Essential information needed to
demonstrate this statutory condition includes:
(1) Evidence, based on a cost-benefit analysis, that the estimated
potential benefits of the restriction have a reasonable chance to exceed
the estimated potential cost of the adverse effects on interstate and
foreign commerce. In preparing the economic analysis required by this
section, the applicant shall use currently accepted economic
methodology, specify the methods used and assumptions underlying the
analysis, and consider:
(i) The effect of the proposed restriction on operations of aircraft
by aviation user class (and for air carriers, the number of operations
of aircraft by carrier), and on the volume of passengers and cargo for
the year the restriction is expected to be implemented and for the
forecast timeframe.
(ii) The estimated costs of the proposed restriction and alternative
nonaircraft restrictions including the following, as appropriate:
(A) Any additional cost of continuing aircraft operations under the
restriction, including reasonably available information concerning any
net capital costs of acquiring or retrofitting aircraft (net of salvage
value and operating efficiencies) by aviation user class; and any
incremental recurring costs;
(B) Costs associated with altered or discontinued aircraft
operations, such as reasonably available information concerning loss to
carriers of operating profits; decreases in passenger and shipper
consumer surplus by aviation user class; loss in profits associated
with other airport services or other entities: and/or any significant
economic effect on parties other than aviation users.
(C) Costs associated with implementing nonaircraft restrictions or
nonaircraft components of restrictions, such as reasonably available
information concerning estimates of capital costs for real property,
including redevelopment, soundproofing, noise easements, and purchase of
property interests; and estimates of associated incremental recurring
costs; or an explanation of the legal or other impediments to
implementing such restrictions.
(D) Estimated benefits of the proposed restriction and alternative
restrictions that consider, as appropriate, anticipated increase in real
estate values and future construction cost (such as sound insulation)
savings; anticipated increase in airport revenues; quantification of
the noise benefits, such as number of people removed from noise contours
and improved work force and/or educational productivity, if any;
valuation of positive safety effects, if any; and/or other qualitative
benefits, including improvements in quality of life.
(B) At the applicant's discretion, information may also be submitted
as follows:
(1) Evidence that the affected carriers have a reasonable chance to
continue service at the airport or at other points in the national
airport system.
(2) Evidence that other air carriers are able to provide adequate
service to the airport and other points in the system without
diminishing competition.
(3) Evidence that comparable services or facilities are available at
another airport controlled by the airport operator in the market area,
including services available at other airports.
(4) Evidence that alternative transportation service can be attained
through other means of transportation.
(5) Information on the absence of adverse evidence or adverse
comments with respect to undue burden in the notice process required in
161.303, or alternatively in 161.321, of this part as evidence that
there is no undue burden.
(iii) Condition 3: The proposed restriction maintains safe and
efficient use of the navigable airspace. Essential information needed
to demonstrate this statutory condition includes evidence that the
proposed restriction maintains safe and efficient use of the navigable
airspace based upon:
(A) Identification of airspace and obstacles to navigation in the
vicinity of the airport; and
(B) An analysis of the effects of the proposed restriction with
respect to use of airspace in the vicinity of the airport,
substantiating that the restriction maintains or enhances safe and
efficient use of the navigable airspace. The analysis shall include a
description of the methods and data used.
(iv) Condition 4: The proposed restriction does not conflict with
any existing Federal statute or regulation. Essential information
needed to demonstrate this condition includes evidence demonstrating
that no conflict is presented between the proposed restriction and any
existing Federal statute or regulation, including those governing:
(A) Exclusive rights;
(B) Control of aircraft operations; and
(C) Existing Federal grant agreements.
(v) Condition 5: The applicant has provided adequate opportunity for
public comment on the proposed restriction. Essential information
needed to demonstrate this condition includes evidence that there has
been adequate opportunity for public comment on the restriction as
specified in 161.303 or 161.321 of this part.
(vi) Condition 6: The proposed restriction does not create an undue
burden on the national aviation system. Essential information needed to
demonstrate this condition includes evidence that the proposed
restriction does not create an undue burden on the national aviation
system such as:
(A) An analysis demonstrating that the proposed restriction does not
have a substantial adverse effect on existing or planned airport system
capacity, on observed or forecast airport system congestion and aircraft
delay, and on airspace system capacity or workload;
(B) An analysis demonstrating that nonaircraft alternative measures
to achieve the same goals as the proposed subject restrictions are
inappropriate;
(C) The absence of comments with respect to imposition of an undue
burden on the national aviation system in response to the notice
required in 161.303 or 161.321.
14 CFR 161.307 Comment by interested parties.
(a) Each applicant proposing a restriction shall establish a public
docket or similar method for receiving and considering comments, and
shall make comments available for inspection by interested parties upon
request. Comments must be retained as long as the restriction is in
effect.
(b) Each applicant shall submit to the FAA a summary of any comments
received. Upon request by the FAA, the applicant shall submit copies of
the comments.
14 CFR 161.309 Requirements for proposal changes.
(a) Each applicant shall promptly advise interested parties of any
changes to a proposed restriction or alternative restriction that are
not encompassed in the proposals submitted, including changes that
affect noncompatible land uses or that take place before the effective
date of the restriction, and make available these changes to the
proposed restriction and its analysis. For the purpose of this
paragraph, interested parties include those who received direct notice
under 161.303(b) of this part, or those who were required to be
consulted in accordance with the procedures in 161.321 of this part,
and those who commented on the proposed restriction.
(b) If there are substantial changes to a proposed restriction or the
analysis made available prior to the effective date of the restriction,
the applicant proposing the restriction shall initiate new notice in
accordance with the procedures in 161.303 or, alternatively, the
procedures in 161.321. These requirements apply to substantial changes
that are not encompassed in submitted alternative restriction proposals
and their analyses. A substantial change to a restriction includes, but
is not limited to, any proposal that would increase the burden on any
aviation user class.
(c) In addition to the information in 161.303(c), a new notice must
indicate that the applicant is revising a previous notice, provide the
reason for making the revision, and provide a new effective date (if
any) for the restriction.
(d) If substantial changes requiring a new notice are made during the
FAA's 180-day review of the proposed restriction, the applicant
submitting the proposed restriction shall notify the FAA in writing that
it is withdrawing its proposal from the review process until it has
completed additional analysis, public review, and documentation of the
public review. Resubmission to the FAA will restart the 180-day review.
14 CFR 161.311 Application procedure for approval of proposed
restriction.
Each applicant proposing a Stage 3 restriction shall submit to the
FAA the following information for each restriction and alternative
restriction submitted, with a request that the FAA review and approve
the proposed Stage 3 noise or access restriction:
(a) A summary of evidence of the fulfillment of conditions for
approval, as specified in 161.305;
(b) An analysis as specified in 161.305, as appropriate to the
proposed restriction;
(c) A statement that the entity submitting the proposal is the party
empowered to implement the restriction, or is submitting the proposal on
behalf of such party; and
(d) A statement as to whether the airport requests, in the event of
disapproval of the proposed restriction or any alternatives, that the
FAA approve any portion of the restriction or any alternative that meets
the statutory requirements for approval. An applicant requesting
partial approval of any proposal should indicate its priorities as to
portions of the proposal to be approved.
14 CFR 161.313 Review of application.
(a) Determination of completeness. The FAA, within 30 days of
receipt of an application, will determine whether the application is
complete in accordance with 161.311. Determinations of completeness
will be made on all proposed restrictions and alternatives. This
completeness determination is not an approval or disapproval of the
proposed restriction.
(b) Process for complete application. When the FAA determines that a
complete application has been submitted, the following procedures apply:
(1) The FAA notifies the applicant that it intends to act on the
proposed restriction and publishes notice of the proposed restriction in
the Federal Register in accordance with 161.315. The 180-day period for
approving or disapproving the proposed restriction will start on the
date of original FAA receipt of the application.
(2) Following review of the application, public comments, and any
other information obtained under 161.317(b), the FAA will issue a
decision approving or disapproving the proposed restriction. This
decision is a final decision of the Administrator for purpose of
judicial review.
(c) Process for incomplete application. If the FAA determines that
an application is not complete with respect to any submitted restriction
or alternative restriction, the following procedures apply:
(1) The FAA shall notify the applicant in writing, returning the
application and setting forth the type of information and analysis
needed to complete the application in accordance with 161.311.
(2) Within 30 days after the receipt of this notice, the applicant
shall advise the FAA in writing whether or not it intends to resubmit
and supplement its application.
(3) If the applicant does not respond in 30 days, or advises the FAA
that it does not intend to resubmit and/or supplement the application,
the application will be denied. This closes the matter without
prejudice to later application and does not constitute disapproval of
the proposed restriction.
(4) If the applicant chooses to resubmit and supplement the
application, the following procedures apply:
(i) Upon receipt of the resubmitted application, the FAA determines
whether the application, as supplemented, is complete as set forth in
paragraph (a) of this section.
(ii) If the application is complete, the procedures set forth in
161.315 shall be followed. The 180-day review period starts on the date
of receipt of the last supplement to the application.
(iii) If the application is still not complete with respect to the
proposed restriction or at least one submitted alternative, the FAA so
advises the applicant as set forth in paragraph (c)(1) of this section
and provides the applicant with an additional opportunity to supplement
the application as set forth in paragraph (c)(2) of this section.
(iv) If the environmental documentation (either an environmental
assessment or information supporting a categorical exclusion) is
incomplete, the FAA will so notify the applicant in writing, returning
the application and setting forth the types of information and analysis
needed to complete the documentation. The FAA will continue to return
an application until adequate environmental documentation is provided.
When the application is determined to be complete, including the
environmental documentation, the 180-day period for approval or
disapproval will begin upon receipt of the last supplement to the
application.
(v) Following review of the application and its supplements, public
comments, and any other information obtained under 161.317(b), the FAA
will issue a decision approving or disapproving the application. This
decision is a final decision of the Administrator for the purpose of
judicial review.
(5) The FAA will deny the application and return it to the applicant
if:
(i) None of the proposals submitted are found to be complete;
(ii) The application has been returned twice to the applicant for
reasons other than completion of the environmental documentation; and
(iii) The applicant declines to complete the application. This
closes the matter without prejudice to later application, and does not
constitute disapproval of the proposed restriction.
14 CFR 161.315 Receipt of complete application.
(a) When a complete application has been received, the FAA will
notify the applicant by letter that the FAA intends to act on the
application.
(b) The FAA will publish notice of the proposed restriction in the
Federal Register, inviting interested parties to file comments on the
application within 30 days after publication of the Federal Register
notice.
14 CFR 161.317 Approval or disapproval of proposed restriction.
(a) Upon determination that an application is complete with respect
to at least one of the proposals submitted by the applicant, the FAA
will act upon the complete proposals in the application. The FAA will
not act on any proposal for which the applicant has declined to submit
additional necessary information.
(b) The FAA will review the applicant's proposals in the preference
order specified by the applicant. The FAA may request additional
information from aircraft operators, or any other party, and may convene
an informal meeting to gather facts relevant to its determination.
(c) The FAA will evaluate the proposal and issue an order approving
or disapproving the proposed restriction and any submitted alternatives,
in whole or in part, in the order of preference indicated by the
applicant. Once the FAA approves a proposed restriction, the FAA will
not consider any proposals of lower applicant-stated preference.
Approval or disapproval will be given by the FAA within 180 days after
receipt of the application or last supplement thereto under 161.313.
The FAA will publish its decision in the Federal Register and notify the
applicant in writing.
(d) The applicant's failure to provide substantial evidence
supporting the statutory conditions for approval of a particular
proposal is grounds for disapproval of that proposed restriction.
(e) The FAA will approve or disapprove only the Stage 3 aspects of a
restriction if the restriction applies to both Stage 2 and Stage 3
aircraft operations.
(f) An order approving a restriction may be subject to requirements
that the applicant:
(1) Comply with factual representations and commitments in support of
the restriction; and
(2) Ensure that any environmental mitigation actions or commitments
by any party that are set forth in the environmental documentation
provided in support of the restriction are implemented.
14 CFR 161.319 Withdrawal or revision of restriction.
(a) The applicant may withdraw or revise a proposed restriction at
any time prior to FAA approval or disapproval, and must do so if
substantial changes are made as described in 161.309. The applicant
shall notify the FAA in writing of a decision to withdraw the proposed
restriction for any reason. The FAA will publish a notice in the
Federal Register that it has terminated its review without prejudice to
resubmission. A resubmission will be considered a new application.
(b) A subsequent amendment to a Stage 3 restriction that was in
effect after October 1, 1990, or an amendment to a Stage 3 restriction
previously approved by the FAA, is subject to the procedures in this
subpart if the amendment will further reduce or limit aircraft
operations or affect aircraft safety. The applicant may, at its option,
revise or amend a restriction previously disapproved by the FAA and
resubmit it for approval. Amendments are subject to the same
requirements and procedures as initial submissions.
14 CFR 161.321 Optional use of 14 CFR part 150 procedures.
(a) An airport operator may use the procedures in part 150 of this
chapter, instead of the procedures described in 161.303(b) and
161.309(b) of this part, as a means of providing an adequate public
notice and opportunity to comment on proposed Stage 3 restrictions,
including submitted alternatives.
(b) If the airport operator elects to use 14 CFR part 150 procedures
to comply with this subpart, the operator shall:
(1) Ensure that all parties identified for direct notice under
161.303(b) are notified that the airport's 14 CFR part 150 program
submission will include a proposed Stage 3 restriction under part 161,
and that these parties are offered the opportunity to participate as
consulted parties during the development of the 14 CFR part 150 program;
(2) Include the information required in 161.303(c) (2) through (5)
and 161.305 in the analysis of the proposed restriction in the 14 CFR
part 150 program submission; and
(3) Include in its 14 CFR part 150 submission to the FAA evidence of
compliance with the notice requirements in paragraph (b)(1) of this
section and include the information required for a part 161 application
in 161.311, together with a clear identification that the 14 CFR part
150 submission includes a proposed Stage 3 restriction for FAA review
and approval under 161.313, 161.315, and 161.317.
(c) The FAA will evaluate the proposed part 161 restriction on Stage
3 aircraft operations included in the 14 CFR part 150 submission in
accordance with the procedures and standards of this part, and will
review the total 14 CFR part 150 submission in accordance with the
procedures and standards of 14 CFR part 150.
(d) An amendment of a restriction, as specified in 161.319(b) of
this part, may also be processed under 14 CFR part 150 procedures.
14 CFR 161.323 Notification of a decision not to implement a
restriction.
If a Stage 3 restriction has been approved by the FAA and the
restriction is not subsequently implemented, the applicant shall so
advise the interested parties specified in 161.309(a) of this part.
14 CFR 161.325 Availability of data and comments on an implemented
restriction.
The applicant shall retain all relevant supporting data and all
comments relating to an approved restriction for as long as the
restriction is in effect and shall make these materials available for
inspection upon request by the FAA. This information shall be made
available for inspection by any person during the pendency of any
petition for reevaluation found justified by the FAA.
14 CFR 161.325 Subpart E -- Reevaluation of Stage 3 Restrictions
14 CFR 161.401 Scope.
This subpart applies to an airport imposing a noise or access
restriction on the operation of Stage 3 aircraft that first became
effective after October 1, 1990, and had either been agreed to in
compliance with the procedures in subpart B of this part or approved by
the FAA in accordance with the procedures in subpart D of this part.
This subpart does not apply to Stage 2 restrictions imposed by airports.
This subpart does not apply to Stage 3 restrictions specifically
exempted in 161.7.
14 CFR 161.403 Criteria for reevaluation.
(a) A request for reevaluation must be submitted by an aircraft
operator.
(b) An aircraft operator must demonstrate to the satisfaction of the
FAA that there has been a change in the noise environment of the
affected airport and that a review and reevaluation pursuant to the
criteria in 161.305 is therefore justified.
(1) A change in the noise environment sufficient to justify
reevaluation is either a DNL change of 1.5 dB or greater (from the
restriction's anticipated target noise level result) over noncompatible
land uses, or a change of 17 percent or greater in the noncompatible
land uses, within an airport noise study area. For approved
restrictions, calculation of change shall be based on the divergence of
actual noise impact of the restriction from the estimated noise impact
of the restriction predicted in the analysis required in
161.305(e)(2)(i)(A)(1)(ii). The change in the noise environment or in
the noncompatible land uses may be either an increase or decrease in
noise or in noncompatible land uses. An aircraft operator may submit to
the FAA reasons why a change that does not fall within either of these
parameters justifies reevaluation, and the FAA will consider such
arguments on a case-by-case basis.
(2) A change in the noise environment justifies reevaluation if the
change is likely to result in the restriction not meeting one or more of
the conditions for approval set forth in 161.305 of this part for
approval. The aircraft operator must demonstrate that such a result is
likely to occur.
(c) A reevaluation may not occur less than 2 years after the date of
the FAA approval. The FAA will normally apply the same 2-year
requirement to agreements under subpart B of this part that affect Stage
3 aircraft operations. An aircraft operator may submit to the FAA
reasons why an agreement under subpart B of this part should be
reevaluated in less than 2 years, and the FAA will consider such
arguments on a case-by-case basis.
(d) An aircraft operator must demonstrate that it has made a good
faith attempt to resolve locally any dispute over a restriction with the
affected parties, including the airport operator, before requesting
reevaluation by the FAA. Such demonstration and certification shall
document all attempts of local dispute resolution.
(Docket No. 26432, 56 FR 48698, Sept. 25, 1991; 56 FR 51258, Oct.
10, 1991)
14 CFR 161.405 Request for reevaluation.
(a) A request for reevaluation submitted to the FAA by an aircraft
operator must include the following information:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction and any sanctions
for noncompliance, whether the restriction was approved by the FAA or
agreed to by the airport operator and aircraft operators, the date of
the approval or agreement, and a copy of the restriction as incorporated
in a local ordinance, airport rule, lease, or other document;
(3) The quantified change in the noise environment using methodology
specified in this part;
(4) Evidence of the relationship between this change and the
likelihood that the restriction does not meet one or more of the
conditions in 161.305;
(5) The aircraft operator's status under the restriction (e.g.,
currently affected operator, potential new entrant) and an explanation
of the aircraft operator's specific objection; and
(6) A description and evidence of the aircraft operator's attempt to
resolve the dispute locally with the affected parties, including the
airport operator.
(b) The FAA will evaluate the aircraft operator's submission and
determine whether or not a reevaluation is justified. The FAA may
request additional information from the airport operator or any other
party and may convene an informal meeting to gather facts relevant to
its determination.
(c) The FAA will notify the aircraft operator in writing, with a copy
to the affected airport operator, of its determination.
(1) If the FAA determines that a reevaluation is not justified, it
will indicate the reasons for this decision.
(2) If the FAA determines that a reevaluation is justified, the
aircraft operator will be notified to complete its analysis and to begin
the public notice procedure, as set forth in this subpart.
14 CFR 161.407 Notice of reevaluation.
(a) After receiving an FAA determination that a reevaluation is
justified, an aircraft operator desiring continuation of the
reevaluation process shall publish a notice of request for reevaluation
in an areawide newspaper or newspapers that either singly or together
has general circulation throughout the airport noise study area (or the
airport vicinity for agreements where an airport noise study area has
not been delineated); post a notice in the airport in a prominent
location accessible to airport users and the public; and directly
notify in writing the following parties:
(1) The airport operator, other aircraft operators providing
scheduled passenger or cargo service at the airport, operators of
aircraft based at the airport, potential new entrants that are known to
be interested in serving the airport, and aircraft operators known to be
routinely providing nonscheduled service;
(2) The Federal Aviation Administration;
(3) Each Federal, State, and local agency with land-use control
jurisdiction within the airport noise study area (or the airport
vicinity for agreements where an airport noise study area has not been
delineated);
(4) Fixed-base operators and other airport tenants whose operations
may be affected by the agreement or the restriction;
(5) Community groups and business organizations that are known to be
interested in the restriction; and
(6) Any other party that commented on the original restriction.
(b) Each notice provided in accordance with paragraph (a) of this
section shall include:
(1) The name of the airport and associated cities and states;
(2) A clear, concise description of the restriction, including
whether the restriction was approved by the FAA or agreed to by the
airport operator and aircraft operators, and the date of the approval or
agreement;
(3) The name of the aircraft operator requesting a reevaluation, and
a statement that a reevaluation has been requested and that the FAA has
determined that a reevaluation is justified;
(4) A brief discussion of the reasons why a reevaluation is
justified;
(5) An analysis prepared in accordance with 161.409 of this part
supporting the aircraft operator's reevaluation request, or an
announcement of where the analysis is available for public inspection;
(6) An invitation to comment on the analysis supporting the proposed
reevaluation, with a minimum 45-day comment period;
(7) Information on how to request a copy of the analysis (if not in
the notice); and
(8) The address for submitting comments to the aircraft operator,
including identification of a contact person.
14 CFR 161.409 Required analysis by reevaluation petitioner.
(a) An aircraft operator that has petitioned the FAA to reevaluate a
restriction shall assume the burden of analysis for the reevaluation.
(b) The aircraft operator's analysis shall be made available for
public review under the procedures in 161.407 and shall include the
following:
(1) A copy of the restriction or the language of the agreement as
incorporated in a local ordinance, airport rule, lease, or other
document;
(2) The aircraft operator's status under the restriction (e.g.,
currently affected operator, potential new entrant) and an explanation
of the aircraft operator's specific objection to the restriction;
(3) The quantified change in the noise environment using methodology
specified in this part;
(4) Evidence of the relationship between this change and the
likelihood that the restriction does not meet one or more of the
conditions in 161.305; and
(5) Sufficient data and analysis selected from 161.305, as
applicable to the restriction at issue, to support the contention made
in paragraph (b)(4) of this section. This is to include either an
adequate environmental assessment of the impacts of discontinuing all or
part of a restriction in accordance with the aircraft operator's
petition, or adequate information supporting a categorical exclusion
under FAA orders implementing the National Environmental Policy Act of
1969 (42 U.S.C. 4321).
(c) The amount of analysis may vary with the complexity of the
restriction, the number and nature of the conditions in 161.305 that
are alleged to be unsupported, and the amount of previous analysis
developed in support of the restriction. The aircraft operator may
incorporate analysis previously developed in support of the restriction,
including previous environmental documentation to the extent applicable.
The applicant is responsible for providing substantial evidence, as
described in 161.305, that one or more of the conditions are not
supported.
14 CFR 161.411 Comment by interested parties.
(a) Each aircraft operator requesting a reevaluation shall establish
a docket or similar method for receiving and considering comments and
shall make comments available for inspection to interested parties
specified in paragraph (b) of this section upon request. Comments must
be retained for two years.
(b) Each aircraft operator shall promptly notify interested parties
if it makes a substantial change in its analysis that affects either the
costs or benefits analyzed, or the criteria in 161.305, differently
from the analysis made available for comment in accordance with
161.407. Interested parties include those who received direct notice
under paragraph (a) of 161.407 and those who have commented on the
reevaluation. If an aircraft operator revises its analysis, it shall
make the revised analysis available to an interested party upon request
and shall extend the comment period at least 45 days from the date the
revised analysis is made available.
14 CFR 161.413 Reevaluation procedure.
(a) Each aircraft operator requesting a reevaluation shall submit to
the FAA:
(1) The analysis described in 161.409;
(2) Evidence that the public review process was carried out in
accordance with 161.407 and 161.411, including the aircraft operator's
summary of the comments received; and
(3) A request that the FAA complete a reevaluation of the restriction
and issue findings.
(b) Following confirmation by the FAA that the aircraft operator's
documentation is complete according to the requirements of this subpart,
the FAA will publish a notice of reevaluation in the Federal Register
and provide for a 45-day comment period during which interested parties
may submit comments to the FAA. The FAA will specifically solicit
comments from the affected airport operator and affected local
governments. A submission that is not complete will be returned to the
aircraft operator with a letter indicating the deficiency, and no notice
will be published. No further action will be taken by the FAA until a
complete submission is received.
(c) The FAA will review all submitted documentation and comments
pursuant to the conditions of 161.305. To the extent necessary, the FAA
may request additional information from the aircraft operator, airport
operator, and others known to have information material to the
reevaluation, and may convene an informal meeting to gather facts
relevant to a reevaluation finding.
14 CFR 161.415 Reevaluation action.
(a) Upon completing the reevaluation, the FAA will issue appropriate
orders regarding whether or not there is substantial evidence that the
restriction meets the criteria in 161.305 of this part.
(b) If the FAA's reevaluation confirms that the restriction meets the
criteria, the restriction may remain as previously agreed to or
approved. If the FAA's reevaluation concludes that the restriction does
not meet the criteria, the FAA will withdraw a previous approval of the
restriction issued under subpart D of this part to the extent necessary
to bring the restriction into compliance with this part or, with respect
to a restriction agreed to under subpart B of this part, the FAA will
specify which criteria are not met.
(c) The FAA will publish a notice of its reevaluation findings in the
Federal Register and notify in writing the aircraft operator that
petitioned the FAA for reevaluation and the affected airport operator.
14 CFR 161.417 Notification of status of restrictions and agreements
not meeting conditions-of-approval criteria.
If the FAA has withdrawn all or part of a previous approval made
under subpart D of this part, the relevant portion of the Stage 3
restriction must be rescinded. The operator of the affected airport
shall notify the FAA of the operator's action with regard to a
restriction affecting Stage 3 aircraft operations that has been found
not to meet the criteria of 161.305. Restrictions in agreements
determined by the FAA not to meet conditions for approval may not be
enforced with respect to Stage 3 aircraft operations.
14 CFR 161.417 Subpart F -- Failure to Comply With This Part
14 CFR 161.501 Scope.
(a) This subpart describes the procedures to terminate eligibility
for airport grant funds and authority to impose or collect passenger
facility charges for an airport operator's failure to comply with the
Airport Noise and Capacity Act of 1990 (49 U.S.C. App. 2151 et seq.) or
this part. These procedures may be used with or in addition to any
judicial proceedings initiated by the FAA to protect the national
aviation system and related Federal interests.
(b) Under no conditions shall any airport operator receive revenues
under the provisions of the Airport and Airway Improvement Act of 1982
or impose or collect a passenger facility charge under section 1113(e)
of the Federal Aviation Act of 1958 if the FAA determines that the
airport is imposing any noise or access restriction not in compliance
with the Airport Noise and Capacity Act of 1990 or this part. Recission
of, or a commitment in writing signed by an authorized official of the
airport operator to rescind or permanently not enforce, a noncomplying
restriction will be treated by the FAA as action restoring compliance
with the Airport Noise and Capacity Act of 1990 or this part with
respect to that restriction.
14 CFR 161.503 Informal resolution; notice of apparent violation.
Prior to the initiation of formal action to terminate eligibility for
airport grant funds or authority to impose or collect passenger facility
charges under this subpart, the FAA shall undertake informal resolution
with the airport operator to assure compliance with the Airport Noise
and Capacity Act of 1990 or this part upon receipt of a complaint or
other evidence that an airport operator has taken action to impose a
noise or access restriction that appears to be in violation. This shall
not preclude a FAA application for expedited judicial action for other
than termination of airport grants and passenger facility charges to
protect the national aviation system and violated federal interests. If
informal resolution is not successful, the FAA will notify the airport
operator in writing of the apparent violation. The airport operator
shall respond to the notice in writing not later than 20 days after
receipt of the notice, and also state whether the airport operator will
agree to defer implementation or enforcement of its noise or access
restriction until completion of the process under this subpart to
determine compliance.
14 CFR 161.505 Notice of proposed termination of airport grant funds
and passenger facility charges.
(a) The FAA begins proceedings under this section to terminate an
airport operator's eligibility for airport grant funds and authority to
impose or collect passenger facility charges only if the FAA determines
that informal resolution is not successful.
(b) The following procedures shall apply if an airport operator
agrees in writing, within 20 days of receipt of the FAA's notice of
apparent violation under 161.503, to defer implementation or
enforcement of a noise or access restriction until completion of the
process under this subpart to determine compliance.
(1) The FAA will issue a notice of proposed termination to the
airport operator and publish notice of the proposed action in the
Federal Register. This notice will state the scope of the proposed
termination, the basis for the proposed action, and the date for filing
written comments or objections by all interested parties. This notice
will also identify any corrective action the airport operator can take
to avoid further proceedings. The due date for comments and corrective
action by the airport operator shall be specified in the notice of
proposed termination and shall not be less than 60 days after
publication of the notice.
(2) The FAA will review the comments, statements, and data supplied
by the airport operator, and any other available information, to
determine if the airport operator has provided satisfactory evidence of
compliance or has taken satisfactory corrective action. The FAA will
consult with the airport operator to attempt resolution and may request
additional information from other parties to determine compliance. The
review and consultation process shall take not less than 30 days. If
the FAA finds satisfactory evidence of compliance, the FAA will notify
the airport operator in writing and publish notice of compliance in the
Federal Register.
(3) If the FAA determines that the airport operator has taken action
to impose a noise or access restriction in violation of the Airport
Noise and Capacity Act of 1990 or this part, the FAA will notify the
airport operator in writing of such determination. Where appropriate,
the FAA may prescribe corrective action, including corrective action the
airport operator may still need to take. Within 10 days of receipt of
the FAA's determination, the airport operator shall --
(i) Advise the FAA in writing that it will complete any corrective
action prescribed by the FAA within 30 days; or
(ii) Provide the FAA with a list of the domestic air carriers and
foreign air carriers operating at the airport and all other issuing
carriers, as defined in 158.3 of this chapter, that have remitted
passenger facility charge revenue to the airport in the preceding 12
months.
(4) If the FAA finds that the airport operator has taken satisfactory
corrective action, the FAA will notify the airport operator in writing
and publish notice of compliance in the Federal Register. If the FAA
has determined that the airport operator has imposed a noise or access
restriction in violation of the Airport Noise and Capacity Act of 1990
or this part and satisfactory corrective action has not been taken, the
FAA will issue an order that --
(i) Terminates eligibility for new airport grant agreements and
discontinues payments of airport grant funds, including payments of
costs incurred prior to the notice; and
(ii) Terminates authority to impose or collect a passenger facility
charge or, if the airport operator has not received approval to impose a
passenger facility charge, advises the airport operator that future
applications for such approval will be denied in accordance with
158.29(a)(1)(v) of this chapter.
(5) The FAA will publish notice of the order in the Federal Register
and notify air carriers of the FAA's order and actions to be taken to
terminate or modify collection of passenger facility charges in
accordance with 158.85(f) of this chapter.
(c) The following procedures shall apply if an airport operator does
not agree in writing, within 20 days of receipt of the FAA's notice of
apparent violation under 161.503, to defer implementation or
enforcement of its noise or access restriction until completion of the
process under this subpart to determine compliance.
(1) The FAA will issue a notice of proposed termination to the
airport operator and publish notice of the proposed action in the
Federal Register. This notice will state the scope of the proposed
termination, the basis for the proposed action, and the date for filing
written comments or objections by all interested parties. This notice
will also identify any corrective action the airport operator can take
to avoid further proceedings. The due date for comments and corrective
action by the airport operator shall be specified in the notice of
proposed termination and shall not be less than 30 days after
publication of the notice.
(2) The FAA will review the comments, statements, and data supplied
by the airport operator, and any other available information, to
determine if the airport operator has provided satisfactory evidence of
compliance or has taken satisfactory corrective action. If the FAA
finds satisfactory evidence of compliance, the FAA will notify the
airport operator in writing and publish notice of compliance in the
Federal Register.
(3) If the FAA determines that the airport operator has taken action
to impose a noise or access restriction in violation of the Airport
Noise and Capacity Act of 1990 or this part, the procedures in
paragraphs (b)(3) through (b)(5) of this section will be followed.
14 CFR 161.505 PART 169 -- EXPENDITURE OF FEDERAL FUNDS FOR NONMILITARY
AIRPORTS OR AIR NAVIGATION FACILITIES THEREON
Sec.
169.1 Applicability.
169.3 Application for recommendation and certification.
169.5 FAA determination.
Authority: Secs. 308, 313, 72 Stat. 750, 752; 49 U.S.C. 1349,
1354; 49 U.S.C. 1655.
14 CFR 169.1 Applicability.
(a) This part prescribes the requirements for issuing a written
recommendation and certification that a proposed project is reasonably
necessary for use in air commerce or in the interests of national
defense. The first two sentences of section 308(a) of the Federal
Aviation Act of 1958 (49 U.S.C. 1349(a)): (1) Require such a
recommendation and certification where Federal funds are to be expended
for nonmilitary purposes for airports or air navigation facilities
thereon; and (2) provide that any interested person may apply to the
Administrator, under regulations prescribed by him, for a recommendation
and certification.
(b) This part does not apply to projects for the expenditure of
Federal funds for military purposes or for airports, or air navigation
facilities thereon, operated by the Federal Aviation Administration.
(Doc. No. 9256, 34 FR 5718, Mar. 27, 1969)
14 CFR 169.3 Application for recommendation and certification.
(a) Any interested person may apply to the Administrator for a
recommendation and certification with respect to a proposed project for
the acquisition, establishment, construction, alteration, repair,
maintenance, or operation of an airport or an air navigation facility
thereon by or in his interests, on which Federal funds are proposed to
be expended for nonmilitary purposes. The application shall be filed
with the Regional Airports Division or Airports District Office,
whichever is appropriate, in whose geographical area the airport is
located. The application must state --
(1) The name and address of the applicant, the owner of the airport,
and the individual responsible for its operation and maintenance, and
the interest of the applicant in the matter;
(2) The location of the airport, and of any air navigation facilities
thereon;
(3) A technical description of the project;
(4) The information contained in the notice required by 157.3 of
this chapter; and
(5) All available pertinent data relating to the necessity of the
airport or air navigation facility for use in air commerce including
where applicable --
(i) The number and type of aircraft that use or would use the airport
or facility;
(ii) The present and expected level of activity;
(iii) Any special use of the airport or facility such as its
providing access to places of recreation as national forests or parks or
to isolated communities where access by other means is not available or
is curtailed by climatic condition; and
(iv) In the case of an airport or air navigation facility owned,
operated, or maintained by a Federal agency other than the FAA, the
relationship of the airport or facility to the performance of that
agency's functions.
(b) Each of the following has the effect of a recommendation and
certification, and a separate application under this part with respect
thereto is not required:
(1) Approval of a project under section 16 of the Airport and Airway
Development Act of 1970 (49 U.S.C. 1701).
(2) Inclusion of an airport in the National Airport System Plan, if
--
(i) Notice of construction or alteration required by 157.3 of this
chapter has been given; and
(ii) The Administrator has determined that there is no objection to
the proposed construction or alteration.
(Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt.
169-1, 37 FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25,
1989)
14 CFR 169.5 FAA determination.
(a) The Administrator issues a recommendation and certification if he
finds that the airport or facility is reasonably necessary for use in
air commerce or in the interests of national defense; that it conforms
to all applicable plans and policies for, and allocations of, airspace;
and that it otherwise complies with requirements of Federal law properly
considered by the Administrator. The Administrator may grant the
recommendation and certification subject to conditions that ensure
conformity of the airport or facility with these standards.
(b) A recommendation and certification under this part, express or
implied, does not extend to a modified version of an airport or facility
to which it applies, or to an additional area or facility at the same
airport.
(c) If the application is denied the Administrator notifies the
applicant of the grounds for the denial. The Administrator may revoke a
recommendation and certification for proper cause.
(d) The authority of the Administrator under this part is exercised
by Regional Airports Division Managers as to airports or facilities
within their respective regions.
(Doc. No. 9256, 34 FR 5718, Mar. 27, 1969, as amended by Amdt.
169-1, 37 FR 21322, Oct. 7, 1972; Amdt. 169-2, 54 FR 39295, Sept. 25,
1989)
14 CFR 169.5 SUBCHAPTER J -- NAVIGATIONAL FACILITIES
14 CFR 169.5 PART 170 -- ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES
14 CFR 169.5 Subpart A -- General
Sec.
170.1 Scope.
170.3 Definitions.
14 CFR 169.5 Subpart B -- Airport Traffic Control Towers
170.11 Scope.
170.13 Airport Traffic Control Tower (ATCT) Establishment Criteria.
170.15 ATCT Discontinuance Criteria.
Authority: 49 U.S.C. 1343, 1346, 1348, 1354(a), 1355, 1401, 1421,
1422 through 1430, 1472(c), 1502, and 1522; 49 U.S.C. 106(g).
Source: 56 FR 341, Jan. 3, 1991, unless otherwise noted.
14 CFR 169.5 Subpart A -- General
14 CFR 170.1 Scope.
This subpart sets forth establishment and discontinuance criteria for
navigation aids operated and maintained by the United States.
14 CFR 170.3 Definitions.
For purposes of this subpart --
Air navigation facility (NAVAID) means any facility used, available
for use, or designated for use in the aid of air navigation. Included
are landing areas; lights; signaling, radio direction-finding, or
radio or other electronic communication; and any other structure or
mechanism having a similar purpose of guiding or controlling flight or
the landing or takeoff of aircraft.
Air traffic clearance means an authorization by air traffic control
for an aircraft to proceed under specified traffic conditions within
controlled airspace for the purpose of preventing collision between
known aircraft.
Air traffic control (ATC) means a service that promotes the safe,
orderly, and expeditious flow of air traffic, including airport,
approach, departure, and en route air traffic control.
Air traffic controller means a person authorized to provide air
traffic service, specifically en route and terminal control personnel.
Aircraft operations means the airborne movement of aircraft in
controlled or noncontrolled airport terminal areas, and counts at en
route fixes or other points where counts can be made. There are two
types of operations: local and itinerant.
(1) Local operations mean operations performed by aircraft which:
(i) Operate in the local traffic pattern or within sight of the
airport;
(ii) Are known to be departing for, or arriving from flight in local
practice areas located within a 20-mile radius of the airport; or
(iii) Execute simulated instrument approaches or low passes at the
airport.
(2) Itinerant operations mean all aircraft operations other than
local operations.
Airport traffic control tower means a terminal facility, which
through the use of air/ground communications, visual signaling, and
other devices, provides ATC services to airborne aircraft operating in
the vicinity of an airport and to aircraft operating on the airport
area.
Alternate airport means an airport, specified on a flight plan, to
which a flight may proceed when a landing at the point of first intended
landing becomes inadvisable.
Approach means the flightpath established by the FAA to be used by
aircraft landing on a runway.
Approach control facility means a terminal air traffic control
facility providing approach control service.
Arrival means any aircraft arriving at an airport.
Benefit-cost ratio means the quotient of the discounted life cycle
benefits of an air traffic control service or navigation aid facility
(i.e., ATCT) divided by the discounted life cycle costs.
Ceiling means the vertical distance between the ground or water and
the lowest layer of clouds or obscuring phenomena that is reported as
''broken,'' ''overcast,'' or ''obstruction.''
Control Tower -- See Airport Traffic Control Tower.
Criteria means the standards used by the FAA for the determination of
establishment or discontinuance of a service or facility at an airport.
Departure means any aircraft taking off from an airport.
Discontinuance means the withdrawal of a service and/or facility from
an airport.
Establishment means the provision of a service or facility at a
candidate airport.
Instrument approach means a series of predetermined maneuvers for the
orderly transfer of an aircraft under instrument flight conditions from
the beginning of the initial approach to a landing, or to a point from
which a landing may be made visually. It is prescribed and approved for
a specific airport by competent authority.
Instrument flight rules (IFR) means rules governing the procedures
for conducting flight under instrument meteorological conditions (IMC)
instrument flight.
Instrument landing system (ILS) means an instrument landing system
whereby the pilot guides his approach to a runway solely by reference to
instruments in the cockpit. In some instances, the signals received
from the ground can be fed into the automatic pilot for automatically
controlled approaches.
Instrument meteorological conditions (IMC) means weather conditions
below the minimums prescribed for flight under Visual Flight Rules
(VFR).
Instrument operation means an aircraft operation in accordance with
an IFT flight plan or an operation where IFR separation between aircraft
is provided by a terminal control facility or air route traffic control
center (ARTCC).
Life cycle benefits means the value of services provided to aviation
users over the life span of a facility or service.
Life cycle costs means the value of research and development costs,
investment costs, operation costs, maintenance costs, and termination
costs over the life span of a facility or service.
LORAN-C means an electronic navigational system by which hyperbolic
lines of position are determined by measuring differences in time of
reception of synchronized pulse signals from two fixed transmitters.
Maintenance costs means the costs incurred in servicing and
maintaining a facility after establishment.
Mean sea level (MSL) means the base commonly used in measuring
altitudes.
Microwave landing system (MLS) means a landing system which enables
equipped aircraft to make curved and closely spaced approaches to
properly instrumented airports.
Noncommercial traffic means all aircraft operations that are
conducted free of compensation.
Nonprecision approach procedure means an FAA standard for approaching
an IFR runway where no electronic glide slope is available.
Nonscheduled commercial service means the carriage by aircraft in air
commerce of persons or property for compensation or hire that are not
operated in regularly scheduled service such as charter flights.
Present value (PV) means the value of a stream of future benefits or
costs that are discounted to the present.
PVB or BPV means the discounted value of life cycle benefits.
PVC or CPV means the discounted value of life cycle benefits.
PVCM or CMPV means the discounted value of operations and maintenance
costs less termination costs over a facility's remaining life cycle.
Runway means a defined rectangular area on a land airport prepared
for the landing and takeoff of aircraft along its length.
Runway visual range means an instrumentally derived value based on
standard calibrations that represent the horizontal distance a pilot
will see down the runway from the approach end.
Scheduled commercial service means the carriage by aircraft in air
commerce under parts 121, 127, and 135 of persons or property for
compensation or hire based on published flight schedules.
Separation means the spacing of aircraft in flight and while landing
and taking off to achieve their safe and orderly movement.
Takeoff clearance means authorization by an airport traffic control
tower for an aircraft to take off.
Tower cab means an ATC facility located at an airport. Controllers
at these facilities direct ground traffic, takeoffs, and landings.
Traffic advisories means advisories issued to alert pilots to other
known or observed air traffic which may be in such proximity to the
position or intended route of flight of their aircraft to warrant
attention.
Traffic pattern means the flow of aircraft operating on and in the
vicinity of an airport during specified wind conditions as established
by appropriate authority.
VFR traffic means aircraft operated solely in accordance with Visual
Flight Rules.
Visual flight rules (VFR) means rules that govern the procedures for
conducting flight under visual conditions. The term ''VFR'' is also
used in the United States to indicate weather conditions that are equal
to or greater than minimum VFR requirements. In addition, ''VFR'' is
used by pilots and controllers to indicate the type of flight plan.
Visual meteorological conditions (VMC) means meteorological
conditions expressed in terms of visibility, distance from clouds, and
ceiling equal to or better than specified minima.
14 CFR 170.3 Subpart B -- Airport Traffic Control Towers
14 CFR 170.11 Scope.
This subpart sets forth establishment and discontinuance criteria for
Airport Traffic Control Towers.
14 CFR 170.13 Airport Traffic Control Tower (ATCT) Establishment
Criteria.
(a) The following criteria along with general facility establishment
standards must be met before an airport can qualify for an ATCT:
(1) The airport, whether publicly or privately owned, must be open to
and available for use by the public as defined in the Airport and Airway
Improvement Act of 1982;
(2) The airport must be recognized by and contained within the
National Plan of Integrated Airport Systems;
(3) The airport owners/authorities must have entered into appropriate
assurances and covenants to guarantee that the airport will continue in
operation for a long enough period to permit the amortization of the
ATCT investment;
(4) The FAA must be furnished appropriate land without cost for
construction of the ATCT; and
(5) The airport must meet the benefit-cost ratio criteria specified
herein utilizing three consecutive FAA annual counts and projections of
future traffic during the expected life of the tower facility. (An FAA
annual count is a fiscal year or a calendar year activity summary. Where
actual traffic counts are unavailable or not recorded, adequately
documented FAA estimates of the scheduled and nonscheduled activity may
be used.)
(b) An airport meets the establishment criteria when it satisfies
paragraphs (a)(1) through (a)(5) of this section and its benefit-cost
ratio equals or exceeds one. As defined in 170.3 of this part, the
benefit-cost ratio is the ratio of the present value of the ATCT life
cycle benefits (BPV) to the present value of ATCT life cycle costs
(CPV).
BPV/CPV"1.0
(c) The satisfaction of all the criteria listed in this section does
not guarantee that the airport will receive an ATCT.
14 CFR 170.15 ATCT Discontinuance Criteria.
An ATCT will be subject to discontinuance when the continued
operation and maintenance costs less termination costs (CMPV) of the
ATCT exceed the present value of its remaining life-cycle benefits
(BPV):
BPV/CMPV<1.0
14 CFR 170.15 Pt. 171
14 CFR 170.15 PART 171 -- NON-FEDERAL NAVIGATION FACILITIES
14 CFR 170.15 Subpart A -- VOR Facilities
Sec.
171.1 Scope.
171.3 Requests for IFR procedure.
171.5 Minimum requirements for approval.
171.7 Performance requirements.
171.9 Installation requirements.
171.11 Maintenance and operations requirements.
171.13 Reports.
14 CFR 170.15 Subpart B -- Nondirectional Radio Beacon Facilities
171.21 Scope.
171.23 Requests for IFR procedure.
171.25 Minimum requirements for approval.
171.27 Performance requirements.
171.29 Installation requirements.
171.31 Maintenance and operations requirements.
171.33 Reports.
14 CFR 170.15 Subpart C -- Instrument Landing System (ILS) Facilities
171.41 Scope.
171.43 Requests for IFR procedure.
171.45 Minimum requirements for approval.
171.47 Performance requirements.
171.49 Installation requirements.
171.51 Maintenance and operations requirements.
171.53 Reports.
14 CFR 170.15 Subpart D -- True Lights
171.61 Air navigation certificate: Revocation and termination.
14 CFR 170.15 Subpart E -- General
171.71 Materials incorporated by reference.
171.73 Alternative forms of reports.
171.75 Submission of requests.
14 CFR 170.15 Subpart F -- Simplified Directional Facility (SDF)
171.101 Scope.
171.103 Requests for IFR procedure.
171.105 Minimum requirements for approval.
171.107 Definition.
171.109 Performance requirements.
171.111 Ground standards and tolerances.
171.113 Installation requirements.
171.115 Maintenance and operations requirements.
171.117 Reports.
14 CFR 170.15 Subpart G -- Distance Measuring Equipment (DME)
171.151 Scope.
171.153 Requests for IFR procedure.
171.155 Minimum requirements for approval.
171.157 Performance requirements.
171.159 Installation requirements.
171.161 Maintenance and operations requirements.
171.163 Reports.
14 CFR 170.15 Subpart H -- VHF Marker Beacons
171.201 Scope.
171.203 Requests for IFR procedure.
171.205 Minimum requirements for approval.
171.207 Performance requirements.
171.209 Installation requirements.
171.211 Maintenance and operations requirements.
171.213 Reports.
14 CFR 170.15 Subpart I -- Interim Standard Microwave Landing System
(ISMLS)
171.251 Scope.
171.253 Definitions.
171.255 Requests for IFR procedures.
171.257 Minimum requirements for approval.
171.259 Performance requirements: General.
171.261 Localizer performance requirements.
171.263 Localizer automatic monitor system.
171.265 Glide path performance requirements.
171.267 Glide path automatic monitor system.
171.269 Marker beacon performance requirements.
171.271 Installation requirements.
171.273 Maintenance and operations requirements.
171.275 Reports.
14 CFR 170.15 Subpart J -- Microwave Landing System (MLS)
171.301 Scope.
171.303 Definitions.
171.305 Requests for IFR procedure.
171.307 Minimum requirements for approval.
171.309 General requirements.
171.311 Signal format requirements.
171.313 Azimuth performance requirements.
171.315 Azimuth monitor system requirements.
171.317 Approach elevation performance requirements.
171.319 Approach elevation monitor system requirements.
171.321 DME and marker beacon performance requirements.
171.323 Fabrication and installation requirements.
171.325 Maintenance and operations requirements.
171.327 Operational records.
Authority: 49 U.S.C. 1343, 1346, 1348, 1354 (a), 1355, 1401,
1421-1430, 1472(c) 1502, and 1522; 49 U.S.C. 106(g) (Revised Pub. L.
97-449, January 12, 1983).
Effective Date Note: At 56 FR 65664, Dec. 17, 1991, the authority
citation for part 171 was revised, effective September 16, 1993. For
the convenience of the user, the revised text follows:
Authority: 49 U.S.C. app. 1343, 1346, 1348, 1354(a), 1355, 1401,
1421-1430, 1472(c), 1502, and 1522; 49 U.S.C. 106(g).
Source: Docket No. 5034, 29 FR 11337, Aug. 6, 1964, unless
otherwise noted.
14 CFR 170.15 Subpart A -- VOR Facilities
14 CFR 171.1 Scope.
This subpart sets forth minimum requirements for the approval and
operation on non-Federal VOR facilities that are to be involved in the
approval of instrument flight rules and air traffic control procedures
related to those facilities.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11,
1970)
14 CFR 171.3 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on a VOR facility
that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.7 and is installed in
accordance with 171.9.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and maintenance manual that
meets the requirements of 171.11.
(4) A statement of intention to meet the requirements of this
subpart.
(5) A showing that the facility has an acceptable level of
operational reliability and an acceptable standard of performance.
Previous equivalent operational experience with a facility with
identical design and operational characteristics will be considered in
showing compliance with this paragraph.
(b) After the FAA inspects and evaluates the facility, it advises the
owner of the results and of any required changes in the facility or the
maintenance manual or maintenance organization. The owner must then
correct the deficiencies, if any, and operate the facility for an
in-service evaluation by the FAA.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970)
14 CFR 171.5 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the FAA will approve an IFR procedure for a non-Federal VOR:
(1) The facility's performance, as determined by air and ground
inspection, must meet the requirements of 171.7.
(2) The installation of the equipment must meet the requirements of
171.9.
(3) The owner must agree to operate and maintain the facility in
accord- ance with 171.11.
(4) The owner must agree to furnish periodic reports, as set forth in
171.13, and must agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the
facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the Federal Aviation Administration may
bear certain of these costs subject to budgetary limitations and policy
established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the FAA commissions the facility as a prerequisite
to its approval for use in an IFR procedure. The approval is withdrawn
at any time the facility does not continue to meet those requirements.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-6, 35 FR 10288, June 24, 1970)
14 CFR 171.7 Performance requirements.
(a) The VOR must perform in accordance with the ''International
Standards and Recommended Practices, Aeronautical Telecommunications,''
Part I, paragraph 3.3 (Annex 10 to the Convention on International Civil
Aviation), except that part of paragraph 3.3.2.1 specifying a radio
frequency tolerance of 0.005 percent, and that part of paragraph 3.3.7
requiring removal of only the bearing information. In place thereof,
the frequency tolerance of the radio frequency carrier must not exceed
plus or minus 0.002 percent, and all radiation must be removed during
the specified deviations from established conditions and during periods
of monitor failure.
(b) Ground inspection consists of an examination of the design
features of the equipment to determine that there will not be conditions
that will allow unsafe operations because of component failure or
deterioration.
(c) The monitor is checked periodi- cally, during the in-service test
evaluation period, for calibration and stability The tests are made with
a standard ''Reference and variable phase signal generator'' and
associated test equipment, including an oscilloscope and portable field
detector. In general, the ground check is conducted in accord- ance
with section 8.4 of FAA Handbook AF P 6790.9 ''Maintenance Instruction
for VHF Omniranges'', adapted for the facility concerned.
(d) Flight tests to determine the facility's adequacy for operational
requirements and compliance with applicable ''Standards and Recommended
Practices'' are conducted in accordance with the ''U.S. Standard Flight
Inspection Manual'', particularly section 201.
(e) After January 1, 1975, the owner of the VOR shall modify the
facility to perform in accordance with paragraph 3.3.5.7 of Annex 10 to
the Convention on International Civil Aviation within 180 days after
receipt of notice from the Administrator that 50 kHz channel spacing is
to be implemented in the area and that a requirement exists for
suppression of 9960 Hz subcarrier harmonics.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970; Amdt. 171-9, 38 FR 28557, Oct. 15,
1973)
14 CFR 171.9 Installation requirements.
(a) The facility must be installed according to accepted good
engineering practices, applicable electric and safety codes, and the
installation must meet at least the Federal Communication Commission's
licensing requirements.
(b) The facility must have a reliable source of suitable primary
power, either from a power distribution system or locally generated,
with a supplemental standby system, if needed.
(c) Dual transmitting equipment with automatic changeover is
preferred and may be required to support certain IFR procedures.
(d) There must be a means for determining, from the ground, the
perform- ance of the equipment, including the antenna, initially and
periodically.
(e) A facility intended for use as an instrument approach aid for an
airport must have or be supplemented by (depending on circumstances) the
following ground-air or landline communications services:
(1) At facilities outside of and not immediately adjacent to air
traffic control areas, there must be ground-air communications from the
airport served by the facility. Separate communications channels are
acceptable.
(2) At facilities within or immediately adjacent to air traffic
control areas, there must be the ground-air communications required by
paragraph (e)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communication facility.
Paragraphs (e) (1) and (2) of this section are not mandatory at
airports where an adjacent FAA facility can communicate with aircraft on
the ground at the airport and during the entire proposed instrument
approach procedure. In addition at low traffic density airports within
or immediately adjacent to air traffic control areas, and where
extensive delays are not a factor, the requirements of paragraphs (e)
(1) and (2) of this section may be reduced to reliable communications
(at least a landline telephone) from the airport to the nearest FAA air
traffic control or communication facility, if an adjacent FAA facility
can communicate with aircraft during the proposed instrument approach
procedure, at least down to the minimum en route altitude of the
controlled area.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17,
1991)
Effective Date Note: At 56 FR 65664, Dec. 17, 1991, 171.9 was
amended by revising paragraphs (e)(1) and (2), effective September 16,
1993. For the convenience of the user, the revised text follows:
171.9 Installation requirements.
(e) * * *
(1) At facilities outside of and not immediately adjacent to
controlled airspace, there must be ground-air communications from the
airport served by the facility. Separate communications channels are
acceptable.
(2) At facilities within or immediately adjacent to controlled
airspace, there must be the ground-air communications required by
paragraph (e)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communication facility.
Paragraphs (e) (1) and (2) of this section are not mandatory at
airports where an adjacent FAA facility can communicate with aircraft on
the ground at the airport and during the entire proposed instrument
approach procedure. In addition, at low traffic density airports within
or immediately adjacent to controlled airspace and where extensive
delays are not a factor, the requirements of paragraphs (e) (1) and (2)
of this section may be reduced to reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communication facility, if an adjacent FAA facility can
communicate with aircraft during the proposed instrument approach
procedure, at least down to the minimum en route altitude for the
controlled airspace area.
14 CFR 171.11 Maintenance and operations requirements.
(a) The owner of the facility must establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility must meet at least the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The owner must prepare, and obtain FAA approval of, an operations
and maintenance manual that sets forth mandatory procedures for
operations, preventive maintenance, and emergency maintenance, including
instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control
facilities, with a description of the boundaries of controlled airspace
over or near the facility, instructions for relaying air traffic control
instructions and information (if applicable), and instructions for the
operation of an air traffic advisory service if the VOR is located
outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.13.
(10) Monitoring of the facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns (private use facilities may
omit the ''Notices to Airmen'').
(14) An explanation of the kinds of activity (such as construction or
grading) in the vicinity of the facility that may require shutdown or
recertification of the facility by FAA flight check.
(15) Procedures for conducting a ground check of course accuracy.
(16) Commissioning of the facility.
(17) An acceptable procedure for amending or revising the manual.
(18) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its
position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will
provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and method of station
identification, whether by Morse code or recorded voice announcement,
and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without an FAA flight check to confirm published
operations.
(c) The owner shall make a ground check of course accuracy each month
in accordance with procedures approved by the FAA at the time of
commissioning, and shall report the results of the checks as provided in
171.13.
(d) If the owner desires to modify the facility, he must submit the
proposal to the FAA and may not allow any modifications to be made
without specific approval.
(e) The owner's maintenance personnel must participate in initial
inspections made by the FAA. In the case of subsequent inspections, the
owner or his representative shall participate.
(f) Whenever it is required by the FAA, the owner shall incorporate
improvements in VOR maintenance brought about by progress in the state
of the art. In addition, he shall provide a stock of spare parts,
including vacuum tubes, of such a quantity to make possible the prompt
replacement of components that fail or deteriorate in service.
(g) The owner shall provide all approved test instruments needed for
maintenance of the facility.
(h) The owner shall close the facility upon receiving two successive
pilot reports of its malfunctioning.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966)
14 CFR 171.13 Reports.
The owner of each facility to which this subpart applies shall make
the following reports on forms furnished by the FAA, at the times
indicated, to the FAA Regional office for the area in which the facility
is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner with the equipment adjustments and meter
readings as of the time of commissioning, with one copy to be kept in
the permanent rec- ords of the facility and two copies to the
appropriate Regional office of the FAA. The owner shall revise the form
after any major repair, modernization, or returning, to reflect an
accurate record of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6003-1). This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional office of the FAA at the end
of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418). To contain a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional office
of the FAA.
(d) (Reserved)
(e) VOR ground check error data (Forms FAA-2396 and 2397). To
contain results of the monthly course accuracy ground check in
accordance with FAA Handbook AF P 6790.9 ''Maintenance Instructions for
VHF Omniranges''. The owner shall keep the originals in the facility
and send a copy of each form to the appropriate Regional office of the
FAA on a monthly basis.
(49 U.S.C. 1348)
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-5, 34 FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug.
19, 1975)
14 CFR 171.13 Subpart B -- Nondirectional Radio Beacon Facilities
14 CFR 171.21 Scope.
(a) This subpart sets forth minimum requirements for the approval and
operation of non-Federal, nondirectional radio beacon facilities that
are to be involved in the approval of instrument flight rules and air
traffic control procedures related to those facilities.
(b) A nondirectional radio beacon (''H'' facilities domestically --
NDB facilities internationally) radiates a continuous carrier of
approximately equal intensity at all azimuths. The carrier is modulated
at 1020 cycles per second for station identification purposes.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11,
1970)
14 CFR 171.23 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on a
nondirectional radio beacon facility that he owns must submit the
following information with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.27 and is installed in
accordance with 171.29.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance arrangement and a maintenance manual that
meets the requirements of 171.31.
(4) A statement of intention to meet the requirements of this
subpart.
(5) A showing that the facility has an acceptable level of
operational reliability and an acceptable standard of performance.
Previous equivalent operational experience with a facility with
identical design and operational characteristics will be considered in
showing compliance with this subparagraph.
(b) After the FAA inspects and evaluates the facility, it advises the
owner of the results and of any required changes in the facility or the
maintenance manual or maintenance organization. The owner must then
correct the deficiencies, if any, and operate the facility for an
in-service evaluation by the FAA.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970)
14 CFR 171.25 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the FAA will approve an IFR procedure for a non-Federal,
nondirectional radio beacon facility under this subpart:
(1) The facility's performances, as determined by air and ground
inspection, must meet the requirements of 171.27.
(2) The installation of the equipment must meet the requirements of
171.29.
(3) The owner must agree to operate and maintain the facility in
accord- ance with 171.31.
(4) The owner must agree to furnish periodic reports, as set forth in
171.33, and agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the
facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the Federal Aviation Administration may
bear certain of these costs subject to budgetary limitations and policy
established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the FAA commissions the facility as a prerequisite
to its approval for use in an IFR procedure. The approval is withdrawn
at any time the facility does not continue to meet those requirements.
In addition, the facility may be de-commissioned whenever the frequency
channel is needed for higher priority common system service.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-6, 35 FR 10288, June 24, 1970)
14 CFR 171.27 Performance requirements.
(a) The facility must meet the performance requirements set forth in
the ''International Standards and Recommended Practices, Aeronautical
Telecommunications, Part I, paragraph 3.4'' (Annex 10 to the Convention
on International Civil Aviation), except that identification by on-off
keying of a second carrier frequency, separated from the main carrier by
1020 Hz plus or minus 50 Hz, is also acceptable.
(b) The facility must perform in accordance with recognized and
accepted good electronic engineering practices for the desired service.
(c) Ground inspection consists of an examination of the design
features of the equipment to determine (based on recognized and accepted
good engineering practices) that there will not be conditions that will
allow unsafe operations because of component failure or deterioration.
(d) Flight tests to determine the facility's adequacy for operational
requirements and compliance with applicable ''Standards and Recommended
Practices'' are conducted in accord- ance with the ''U.S. Standard
Flight Inspection Manual'', particularly section 207. The original test
is made by the FAA and later tests shall be made under arrangements,
satisfactory to the FAA, that are made by the owner.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970)
14 CFR 171.29 Installation requirements.
(a) The facility must be installed according to accepted good
engineering practices, applicable electric and safety codes, and FCC
licensing requirements.
(b) The facility must have a reliable source of suitable primary
power.
(c) Dual transmitting equipment may be required to support some IFR
procedures.
(d) A facility intended for use as an instrument approach aid for an
airport must have or be supplemented by (depending on the circumstances)
the following ground-air or landline communications services:
(1) At facilities outside of and not immediately adjacent to air
traffic control areas, there must be ground-air communications from the
airport served by the facility. Voice on the aid controlled from the
airport is acceptable.
(2) At facilities within or immediately adjacent to air traffic
control areas, there must be the ground-air communications required by
paragraph (d)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communication facility. Paragraphs (d) (1) and (2) of this
section are not mandatory at airports where an adjacent FAA facility can
communicate with aircraft on the ground at the airport and during the
entire proposed instrument approach procedure. In addition, at low
traffic density airports within or immediately adjacent to air traffic
control areas, and where extensive delays are not a factor, the
requirements of paragraphs (d) (1) and (2) of this section may be
reduced to reliable communications (at least a landline telephone) from
the airport to the nearest FAA air traffic control or communications
facility, if an adjacent FAA facility can communicate with aircraft
during the proposed instrument approach procedure, at least down to the
minimum en route altitude of the controlled area.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-16, 56 FR 65664, Dec. 17, 1991)
Effective Date Note: At 56 FR 65664, Dec. 17, 1991, 171.29 was
amended by revising paragraphs (d)(1) and (2), effective September 16,
1993. For the convenience of the user, the revised text follows:
171.29 Installation requirements.
(d) * * *
(1) At facilities outside of and not immediately adjacent to
controlled airspace, there must be ground-air communications from the
airport served by the facility. Voice on the aid controlled from the
airport is acceptable.
(2) At facilities within or immediately adjacent to controlled
airspace, there must be the ground-air communications required by
paragraph (d)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communication facility.
Paragraphs (d) (1) and (2) of this section are not mandatory at
airports where an adjacent FAA facility can communicate with aircraft on
the ground at the airport and during the entire proposed instrument
approach procedure. In addition, at low traffic density airports within
or immediately adjacent to controlled airspace, and where extensive
delays are not a factor, the requirements of paragraphs (d) (1) and (2)
of this section may be reduced to reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communications facility, if an adjacent FAA facility can
communicate with aircraft during the proposed instrument approach
procedure, at least down to the minimum en route altitude for the
controlled airspace area.
14 CFR 171.31 Maintenance and operations requirements.
(a) The owner of the facility must establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility must meet at least the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The owner must prepare, and obtain approval of, an operations and
maintenance manual that sets forth mandatory procedures for operations,
preventive maintenance, and emergency maintenance, including
instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control
facilities, with a description of the boundaries of controlled airspace
over or near the facility, instructions for relaying air traffic control
instructions and information (if applicable), and instructions for the
operation of an air traffic advisory service if the facility is located
outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed arrangements for maintenance flight inspection and
servicing stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.33.
(10) Monitoring of the facility, at least once each half hour, to
assure continuous operation.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns (private use facilities may
omit the ''Notices to Airmen'').
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its
position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will
provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and method of station
identification, whether by Morse code or recorded voice announcement,
and the time spacing of the identification.
(c) If the owner desires to modify the facility, he must submit the
proposal to the FAA and meet applicable requirements of the FCC.
(d) The owner's maintenance personnel must participate in initial
inspections made by the FAA. In the case of subsequent inspections, the
owner or his representative shall participate.
(e) The owner shall provide a stock of spare parts, including vacuum
tubes, of such a quantity to make possible the prompt replacement of
components that fail or deteriorate in service.
(f) The owner shall close the facility upon receiving two successive
pilot reports of its malfunctioning.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966)
14 CFR 171.33 Reports.
The owner of each facility to which this subpart applies shall make
the following reports, at the times indicated, to the FAA Regional
office for the area in which the facility is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner or his maintenance representative with the
equipment adjustments and meter readings as of the time of
commissioning, with one copy to be kept in the permanent rec- ords of
the facility and two copies to the appropriate Regional Office of the
FAA. The owner shall revise the form after any major repair,
modernization, or returning, to reflect an accurate record of facility
operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1). This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional Office of the FAA at the end
of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418). To contain a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional Office
of the FAA.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-10, 40 FR 36110, Aug. 19, 1975)
14 CFR 171.33 Subpart C -- Instrument Landing System (ILS) Facilities
14 CFR 171.41 Scope.
This subpart sets forth minimum requirements for the approval and
operation of non-Federal Instrument Landing System (ILS) Facilities that
are to be involved in the approval of instrument flight rules and air
traffic control procedures related to those facilities.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11,
1970)
14 CFR 171.43 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on an ILS
facility that he owns must submit the following information with that
request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.47 and is installed in
accordance with 171.49.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that
meets the requirements of 171.51.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of
operational reliability and an acceptable standard of performance.
Previous equivalent operational experience with a facility with
identical design and operational characteristics will be considered in
showing compliance with this subparagraph.
(b) After the FAA inspects and evaluates the facility, it advises the
owner of the results and of any required changes in the facility or the
maintenance manual or maintenance organization. The owner must then
correct the deficiencies, if any, and operate the facility for an
in-service evaluation by the FAA.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-7, 35 FR 12711, Aug. 11, 1970)
14 CFR 171.45 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the FAA will approve an IFR procedure for a non-Federal
Instrument Landing System:
(1) The facility's performance, as determined by air and ground
inspection, must meet the requirements of 171.47.
(2) The installation of the equipment must meet the requirements of
171.49.
(3) The owner must agree to operate and maintain the facility in
accord- ance with 171.51.
(4) The owner must agree to furnish periodic reports, as set forth in
171.53 and agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the
facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the Federal Aviation Administration may
bear certain of these costs subject to budgetary limitations and policy
established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the FAA commissions the facility as a prerequisite
to its approval for use in an IFR procedure. The approval is withdrawn
at any time the facility does not continue to meet those requirements.
In addition, the facility may be de-commissioned whenever the frequency
channel is needed for higher priority common system service.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-6, 35 FR 10288, June 24, 1970)
14 CFR 171.47 Performance requirements.
(a) The Instrument Landing System must perform in accordance with the
''International Standards and Recommended Practices, Aeronautical
Telecommunications, Part I, Paragraph 3.1'' (Annex 10 to the Convention
on International Civil Aviation) except as follows:
(1) The first part of paragraph 3.1.3, relating to suppression of
radiation wholly or in part in any or all directions outside the
20-degree sector centered on the course line to reduce localizer does
not apply.
(2) Radiation patterns must conform to limits specified in 3.1.3.3
and 3.1.3.4, but this does not mean that suppression of radiation to the
rear of the antenna array to satisfy difficult siting positions (as per
3.1.3.1.4) is not allowed. For example, if a reflector screen for the
antenna array is required to overcome a siting problem, the area to the
rear of the localizer may be made unusable and should be so advertised.
(3) A third marker beacon (inner marker) is not required.
(4) The frequency tolerance of the radio frequency carrier must not
exceed plus or minus 0.002 percent.
(b) Ground inspection consists of an examination of the design
features of the equipment to determine that there will not be conditions
that will allow unsafe operations because of component failure or
deterioration.
(c) The monitor is checked periodically, during the in-service test
evaluation period, for calibration and stability. These tests, and
ground checks of glide slope and localizer radiation characteristics,
are conducted in accordance with FAA Handbooks AF P 6750.1 and AF P
6750.2 ''Maintenance Instructions for ILS Localizer Equipment'' and
''Maintenance Instructions for ILS Glide Slope Equipment''.
(d) Flight tests to determine the facility's adequacy for operational
requirements and compliance with applicable ''Standards and Recommended
Practices'' are conducted in accord- ance with the ''U.S. Standard
Flight Inspection Manual'', particularly section 217.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1974, as amended by Amdt.
171-9, 38 FR 28557, Oct. 15, 1973)
14 CFR 171.49 Installation requirements.
(a) The facility must be of a permanent nature, located, constructed,
and installed according to ICAO Standards (Annex 10), accepted good
engineering practices, applicable electric and safety codes, and FCC
licensing requirements.
(b) The facility must have a reliable source of suitable primary
power, either from a power distribution system or locally generated. A
determination by the Administrator as to whether a facility will be
required to have stand-by power for the localizer, glide slope and
monitor accessories to supplement the primary power, will be made for
each airport based upon operational minimums and density of air traffic.
(c) A determination by the Administrator as to whether a facility
will be required to have dual transmitting equipment with automatic
changeover for localizer and glide slope components, will be made for
each airport based upon operational minimums and density of air traffic.
(d) There must be a means for determining, from the ground, the
perform- ance of the equipment (including antennae), initially and
periodically.
(e) The facility must have, or be supplemented by (depending on the
circumstances) the following ground-air or landline communications
services:
(1) At facilities outside of and not immediately adjacent to air
traffic control zones or areas, there must be ground-air communications
from the airport served by the facility. The utilization of voice on
the ILS frequency should be determined by the facility operator on an
individual basis.
(2) At facilities within or immediately adjacent to air traffic
control zones or areas, there must be the ground-air communications
required by paragraph (e)(1) of this section and reliable communications
(at least a landline telephone) from the airport to the nearest FAA air
traffic control or communication facility.
Paragraphs (e) (1) and (2) of this section are not mandatory at
airports where an adjacent FAA facility can communicate with aircraft on
the ground at the airport and during the entire proposed instrument
approach procedure. In addition, at low traffic density airports within
or immediately adjacent to air traffic control zones or areas, and where
extensive delays are not a factor, the requirements of paragraphs (e)
(1) and (2) of this section may be reduced to reliable communications
(at least a landline telephone) from the airport to the nearest FAA air
traffic control or communications facility, if an adjacent FAA facility
can communicate with aircraft during the proposed instrument approach
procedure down to the airport surface or at least to the minimum
approach altitude.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-6, 35 FR 10288, June 24, 1970; Amdt. 171-16, 56 FR 65664, Dec. 17,
1991)
Effective Date Note: At 56 FR 65664, Dec. 17, 1991, 171.49 was
amended by revising paragraph (e), effective September 16, 1993. For
the convenience of the user, the revised text follows:
171.49 Installation requirements.
(e) The facility must have, or be supplemented by (depending on the
circumstances) the following ground-air or landline communications
services:
(1) At facilities outside of and not immediately adjacent to
controlled airspace, there must be ground-air communications from the
airport served by the facility. The utilization of voice on the ILS
frequency should be determined by the facility operator on an individual
basis.
(2) At facilities within or immediately adjacent to controlled
airspace, there must be the ground-air communications required by
paragraph (e)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest FAA air traffic
control or communications facility.
Paragraphs (e)(1) and (e)(2) of this section are not mandatory at
airports where an adjacent FAA facility can communicate with aircraft on
the ground at the airport and during the entire proposed instrument
approach procedure. In addition, at low traffic density airports within
or immediately adjacent to controlled airspace, and where extensive
delays are not a factor, the requirements of paragraphs (e)(1) and
(e)(2) of this section may be reduced to reliable communications (at
least a landline telephone) from the airport to the nearest FAA air
traffic control or communications facility, if an adjacent FAA facility
can communicate with aircraft during the proposed instrument approach
procedure down to the airport surface or at least to the minimum
approach altitude.
14 CFR 171.51 Maintenance and operations requirements.
(a) The owner of the facility must establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility must meet at least the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The owner must prepare, and obtain approval of, an operations and
maintenance manual that sets forth mandatory procedures for operations,
preventive maintenance, and emergency maintenance, including
instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) FCC licensing requirements for operating and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and FAA air traffic control
facilities, with a description of the boundaries of controlled airspace
over or near the facility, instructions for relaying air traffic control
instructions and information (if applicable), and instructions for the
operations of an air traffic advisory service if the facility is located
outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.53.
(10) Monitoring of the facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns (private use facilities may
omit the ''Notices to Airmen'').
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction
or grading) in the vicinity of the facility that may require shutdown or
recertification of the facility by FAA flight check.
(17) Procedures for conducting a ground check or localizer course
alignment width, and clearance, and glide slope elevation angle and
width.
(18) The following information concerning the facility:
(i) Facility component locations with respect to airport layout,
instrument runway, and similar areas.
(ii) The type, make, and model of the basic radio equipment that will
provide the service.
(iii) The station power emission and frequencies of the localizer,
glide slope, markers, and associated compass locators, if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station
identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without an FAA flight check to confirm published
operations.
(c) The owner shall make a ground check of the facility each month in
accordance with procedures approved by the FAA at the time of
commissioning, and shall report the results of the checks as provided in
171.53.
(d) If the owner desires to modify the facility, he must submit the
proposal to the FAA and may not allow any modifications to be made
without specific approval.
(e) ''The owner's maintenance personnel must participate in initial
inspections made by the FAA. In the case of subsequent inspections, the
owner or his representative shall participate.''
(f) Whenever it is required by the FAA, the owner shall incorporate
improvements in ILS maintenance brought about by progress in the state
of the art. In addition, he shall provide a stock of spare parts,
including vacuum tubes, of such a quantity to make possible the prompt
replacement of components that fail or deteriorate in service.
(g) The owner shall provide FAA approved test instruments needed for
maintenance of the facility.
(h) The owner shall close the facility upon receiving two successive
pilot reports of its malfunctioning.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-2, 31 FR 5408, Apr. 6, 1966)
14 CFR 171.53 Reports.
The owner of each facility to which this subpart applies shall make
the following reports, at the times indicated, to the FAA Regional
Office for the area in which the facility is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner or his maintenance representative with the
equipment adjustments and meter readings as of the time of
commissioning, with one copy to be kept in the permanent records of the
facility and two copies to the appropriate Regional Office of the FAA.
The owner shall revise the form after any major repair, modernization,
or retuning, to reflect an accurate record of facility operation and
adjustment.
(b) Facility maintenance log (FormFAA 6030-1). This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional Office of the FAA at the end
of each month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418). To contain a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional Office
of the FAA.
(Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt.
171-5, 34 FR 15245, Sept. 30, 1969; Amdt. 171-10, 40 FR 36110, Aug.
19, 1975)
14 CFR 171.53 Subpart D -- True Lights
14 CFR 171.61 Air navigation certificate: Revocation and termination.
(a) Except as provided in paragraph (b) of this section, each air
navigation certificate of ''Lawful Authority to Operate a True Light''
is hereby revoked, and each application therefor is hereby terminated.
(b) Paragraph (a) of this section does not apply to --
(1) A certificate issued to a Federal-Aid Airport Program sponsor who
was required to apply for that certificate under regulations then in
effect, and who has not surrendered that certificate under 151.86(e) of
this chapter; or
(2) An application made by a Federal-Aid Airport Program sponsor who
was required to make that application under regulations then in effect,
and who has not terminated that application under 151.86(e) of this
chapter.
(49 U.S.C. 1101-1120; sec. 307, 72 Stat. 749, 49 U.S.C. 1348)
(Amdt. 171-4, 33 FR 12545, Sept. 5, 1968)
14 CFR 171.61 Subpart E -- General
14 CFR 171.71 Materials incorporated by reference.
Copies of standards, recommended practices and documents incorporated
by reference in this part are available for the use of interested
persons at any FAA Regional Office and FAA Headquarters. An historical
file of these materials is maintained at Headquarters, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20590.
(Amdt. 171-8, 36 FR 5584, Mar. 25, 1971)
14 CFR 171.73 Alternative forms of reports.
On a case-by-case basis, a Regional Administrator may accept any
report in a format other than the FAA form required by this part if he
is satisfied that the report contains all the information required on
the FAA form and can be processed by FAA as conveniently as the FAA
form.
(49 U.S.C. 1348)
(Amdt. 171-5, 34 FR 15245, Sept. 30, 1969, as amended by Amdt.
171-15, 54 FR 39296, Sept. 25, 1989)
14 CFR 171.75 Submission of requests.
(a) Requests for approval of facilities not having design and
operational characteristics identical to those of facilities currently
approved under this part, including requests for deviations from this
part for such facilities, must be submitted to the Director, Advanced
Systems Design Service.
(b) The following requests must be submitted to the Regional
Administrator of the region in which the facility is located:
(1) Requests for approval of facilities that have design and
operational characteristics identical to those of facilities currently
approved under this part, including requests for deviations from this
part for such facilities.
(2) Requests for deviations from this part for facilities currently
approved under this part.
(3) Requests for modification of facilities currently approved under
this part.
(Amdt. 171-7, 35 FR 12711, Aug. 11, 1970, as amended by Amdt.
171-15, 54 FR 39296, Sept. 25, 1989)
14 CFR 171.75 Subpart F -- Simplified Directional Facility (SDF)
Source: Docket No. 10116, 35 FR 12711, Aug. 11, 1970, unless
otherwise noted.
14 CFR 171.101 Scope.
This subpart sets forth minimum requirements for the approval and
operation of non-Federal Simplified Directional Facilities (SDF) that
are to be involved in the approval of instrument flight rules and air
traffic control procedures related to those facilities.
14 CFR 171.103 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on an SDF that he
owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.109 and the standards and
tolerances of 171.111, and is installed in accordance with 171.113.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that
meets the requirements of 171.115.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of
operational reliability as prescribed in 171.111(k), and an acceptable
standard of performance. Previous equivalent operational experience
with a facility with identical design and operational characteristics
will be considered in showing compliance with this paragraph.
(b) After the Federal Aviation Administration inspects and evaluates
the facility, it advises the owner of the results and of any required
changes in the facility or the maintenance manual or maintenance
organization. The owner must then correct the deficiencies, if any, and
operate the facility for an in-service evaluation by the Federal
Aviation Administration.
14 CFR 171.105 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the Federal Aviation Administration will approve an IFR procedure
for a non-Federal Simplified Directional Facility:
(1) A suitable frequency channel must be available.
(2) The facility's performance, as determined by air and ground
inspection, must meet the requirements of 171.109 and 171.111.
(3) The installation of the equipment must meet the requirements of
171.113.
(4) The owner must agree to operate and maintain the facility in
accordance with 171.115.
(5) The owner must agree to furnish periodic reports as set forth in
171.117, and agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(6) The owner must assure the FAA that he will not withdraw the
facility from service without the permission of the FAA.
(7) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the FAA may bear certain of these costs
subject to budgetary limitations and policy established by the
Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the FAA commissions the facility as a prerequisite
to its approval for use in an IFR procedure. The approval is withdrawn
at any time the facility does not continue to meet those requirements.
In addition, the facility is licensed by the Federal Communications
Commission. The Federal Aviation Administration recommends cancellation
or nonrenewal of the Federal Communications Commission license whenever
the frequency channel is needed for higher priority common system
service.
14 CFR 171.107 Definition.
As used in this subpart:
SDF (simplified directional facility) means a directional aid
facility providing only lateral guidance (front or back course) for
approach from a final approach fix.
DDM (difference in depth of modulation) means the percentage
modulation depth of the larger signal minus the percentage modulation
depth of the smaller signal, divided by 100.
Angular displacement sensitivity means the ratio of measured DDM to
the corresponding angular displacement from the appropriate reference
line.
Back course sector means the course sector on the opposite end of the
runway from the front course sector.
Course line means the locus of points along the final approach course
at which the DDM is zero.
Course sector means a sector in a horizontal plane containing the
course line and limited by the loci of points nearest to the course line
at which the DDM is 0.155.
Displacement sensitivity means the ratio of measured DDM to the
corresponding lateral displacement from the appropriate reference line.
Front course sector means the course sector centered on the course
line in the direction from the runway in which a normal final approach
is made.
Half course sector means the sector in a horizontal plane containing
the course line and limited by the loci of points nearest to the course
line, at which the DDM is 0.0775.
Point A means a point on the front course in the approach direction a
distance of 4 nautical miles from the threshold.
Point A1 means a point on the front course in the approach direction
a distance of 1 statute mile from the threshold.
Point A2 means a point on the front course at the threshold.
Reference datum means a point at a specified height located
vertically above the intersection of the course and the threshold.
Missed approach point means the point on the final approach course,
not farther from the final approach fix than Point ''A2'', at which the
approach must be abandoned, if the approach and subsequent landing
cannot be safely completed by visual reference, whether or not the
aircraft has descended to the minimum descent altitude.
14 CFR 171.109 Performance requirements.
(a) The Simplified Directional Facility must perform in accordance
with the following standards and practices:
(1) The radiation from the SDF antenna system must produce a
composite field pattern which is amplitude modulated by a 90 Hz and a
150 Hz tone. The radiation field pattern must produce a course sector
with the 90 Hz tone predominating on one side of the course and with the
150 Hz tone predominating on the opposite side.
(2) When an observer faces the SDF from the approach end of runway,
the depth of modulation of the radiofrequency carrier due to the 150 Hz
tone must predominate on his right hand and that due to the 90 Hz tone
must predominate on his left hand.
(3) All horizontal angles employed in specifying the SDF field
patterns must originate from the center of the antenna system which
provides the signals used in the front course sector.
(4) The SDF must operate on odd tenths or odd tenths plus a twentieth
MHz within the frequency band 108.1 MHz to 111.95 MHz. The frequency
tolerance of the radio frequency carrier must not exceed plus or minus
0.002 percent.
(5) The radiated emission from the SDF must be horizontally
polarized. The vertically polarized component of the radiation on the
course line must not exceed that which corresponds to an error
one-twentieth of the course sector width when an aircraft is positioned
on the course line and is in a roll attitude of 20 from the horizontal.
(6) The SDF must provide signals sufficient to allow satisfactory
operation of a typical aircraft installation within the sector which
extends from the center of the SDF antenna system to distances of 18
nautical miles within a plus or minus 10 sector and 10 nautical miles
within the remainder of the coverage when alternative navigational
facilities provide satisfactory coverage within the intermediate
approach area. SDF signals must be receivable at the distances
specified at and above a height of 1,000 feet above the elevation of the
threshold, or the lowest altitude authorized for transition, whichever
is higher. Such signals must be receivable, to the distances specified,
up to a surface extending outward from the SDF antenna and inclined at 7
above the horizontal.
(7) The modulation tones must be phase-locked so that within the half
course sector, the demodulated 90 Hz and 150 Hz wave forms pass through
zero in the same direction within 20 of phase relative to the 150 Hz
component, every half cycle of the combined 90 Hz and 150 Hz wave form.
However, the phase need not be measured within the half course sector.
(8) The angle of convergence of the final approach course and the
extended runway centerline must not exceed 30 . The final approach
course must be aligned to intersect the extended runway centerline
between points A1 and the runway threshold. When an operational
advantage can be achieved, a final approach course that does not
intersect the runway or that intersects it at a distance greater than
point A1 from the threshold, may be established, if that course lies
within 500 feet laterally of the extended runway centerline at a point
3,000 feet outward from the runway threshold. The mean course line must
be maintained within 10 percent of the course sector width.
(9) The nominal displacement sensitivity within the half course
sector must be 50 microamperes/degree. The nominal course sector width
must be 6 . When an operational advantage can be achieved, a nominal
displacement sensitivity of 25 microamperes/degree may be established,
with a nominal course sector width of 12 with proportional displacement
sensitivity. The lateral displacement sensitivity must be adjusted and
maintained within the limits of plus or minus 17 percent of the nominal
value.
(10) The off-course (clearance) signal must increase at a
substantially linear rate with respect to the angular displacement from
the course line up to an angle on either side of the course line where
175 microamperes of deflection is obtained. From that angle to 10 ,
the off-course deflection must not be less than 175 microamperes. From
10 to 35 the off-course deflection must not be less than 150
microamperes. With the course adjusted to cause any of several monitor
alarm conditions, the aforementioned values of 175 microamperes in the
sector 10 each side of course and 150 microamperes in the sector 10
to 35 may be reduced to 160 microamperes and 135 microamperes,
respectively. These conditions must be met at a distance of 18 nautical
miles from the SDF antenna within the sector 10 each side of course
line and 10 nautical miles from the SDF antenna within the sector 10
to 35 each side of course line.
(11) The SDF may provide a ground-to-air radiotelephone communication
channel to be operated simultaneously with the navigation and
identification signals, if that operation does not interfere with the
basic function. If a channel is provided, it must conform with the
following standards:
(i) The channel must be on the same radiofrequency carrier or
carriers as used for the SDF function, and the radiation must be
horizontally polarized. Where two carriers are modulated with speech,
the relative phases of the modulations on the two carriers must avoid
the occurence of nulls within the coverage of the SDF.
(ii) On centerline, the peak modulation depth of the carrier or
carriers due to the radiotelephone communications must not exceed 50
percent but must be adjusted so that the ratio of peak modulation depth
due to the radiotelephone communications to that due to the
identification signal is approximately 9:1.
(iii) The audiofrequency characteristics of the radiotelephone
channel must be flat to within 3 db relative to the level at 1,000 Hz
over the range from 300 Hz to 3,000 Hz.
(12)(i) The SDF must provide for the simultaneous transmission of an
identification signal, specific to the runway and approach direction, on
the same radiofrequency carrier or carriers as used for the SDF
function. The transmission of the identification signal must not
interfere in any way with the basic SDF function.
(ii) The identification signal must be produced by Class A2
modulation of the radiofrequency carrier or carriers using a modulation
tone of 1020 Hz within 50 Hz. The depth of modulation must be between
the limits of 5 and 15 percent except that, where a radiotelephone
communication channel is provided, the depth of modulation must be
adjusted so that the ratio of peak modulation depth due to
radiotelephone communications to that due to the identification signal
modulation is approximately 9:1. The emissions carrying the
identification signal must be horizontally polarized.
(iii) The identification signal must employ the International Morse
Code and consist of three letters.
(iv) The identification signal must be transmitted at a speed
corresponding to approximately seven words per minute, and must be
repeated at approximately equal intervals, not less than six times per
minute. When SDF transmission is not available for operational use,
including periods of removal of navigational components or during
maintenance or test transmissions, the identification signal must be
suppressed.
(b) It must be shown during ground inspection of the design features
of the equipment that there will not be conditions that will allow
unsafe operations because of component failure or deterioration.
(c) The monitor must be checked periodically during the in-service
test evaluation period for calibration and stability. These tests, and
ground checks of SDF radiation characteristics must be conducted in
accordance with the maintenance manual required by 171.115(c) and must
meet the standards and tolerances contained in 171.111(j).
(d) The monitor system must provide a warning to the designated
control point(s) when any of the conditions of 171.111(j) occur, within
the time periods specified in that paragraph.
(e) Flight inspection to determine the adequacy of the facility's
operational performance and compliance with applicable performance
requirements must be conducted in accordance with the ''U.S. Standard
Flight Inspection Manual.'' Tolerances contained in the U.S. Standard
Flight Inspection Manual, section 217, must be complied with except as
stated in paragraph (f) of this section.
(f) Flight inspection tolerances specified in section 217 of the
''U.S. Standard Flight Inspection Manual'' must be complied with except
as follows:
(1) Course sector width. The nominal course sector width must be 6 .
When an operational advantage can be achieved, a nominal course sector
width of 12 may be established. Course sector width must be adjusted
and maintained within the limits of 17 percent of the nominal value.
(2) Course alignment. The mean course line must be adjusted and
maintained within the limits of 10 percent of the nominal course sector
width.
(3) Course structure. Course deviations due to roughness,
scalloping, or bends must be within the following limitations:
(i) Front course. (a) Course structure from 18 miles from runway
threshold to Point A must not exceed 40 microamperes;
(b) Point A to Point A-1 -- linear decrease from not more than 40
microamperes at Point A to not more than 20 microamperes at Point A-1;
(c) Point A-1 to Missed Approach Point -- not more than 20
microamperes;
(d) Monitor tolerances: width 17 percent of nominal; alignment --
10 percent of nominal course sector width.
(ii) Back course. (a) Course structure 18 miles from runway
threshold to 4 miles from runway threshold must not exceed 40
microamperes. Four miles to 1 mile from R/W must not exceed 40
microamperes decreasing to not more than 20 microamperes, at a linear
rate.
(b) Monitor tolerances: width -- 17 percent of nominal; alignment
-- 10 percent of nominal course sector width.
(Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt.
171-9, 38 FR 28557, Oct. 15, 1973)
14 CFR 171.111 Ground standards and tolerances.
Compliance with this section must be shown as a condition to approval
and must be maintained during operation of the SDF.
(a) Frequency. (1) The SDF must operate on odd tenths or odd tenths
plus a twentieth MHz within the frequency band 108.1 MHz to 111.95 MHz.
The frequency tolerance of the radio frequency carrier must not exceed
plus or minus 0.002 percent.
(2) The modulating tones must be 90 Hz and 150 Hz within 2.5
percent.
(3) The identification signal must be 1020 Hz within 50 Hz.
(4) The total harmonic content of the 90 Hz tone must not exceed 10
percent.
(5) The total harmonic content of the 150 Hz tone must not exceed 10
percent.
(b) Power output. The normal carrier power output must be of a value
which will provide coverage requirements of 171.109(a)(6) when reduced
by 3 dB to the monitor RF power reduction alarm point specified in
171.111(j)(3).
(c) VSWR. (1) The VSWR of carrier and sideband feedlines must be a
nominal value of 1/1 and must not exceed 1.2/1.
(2) The sponsor will also provide additional manufacturer's ground
standards and tolerances for all VSWR parameters peculiar to the
equipment which can effect performance of the facility in meeting the
requirements specified in 171.109 and 171.111.
(d) Insulation resistance. The insulation resistance of all coaxial
feedlines must be greater than 20 megohms.
(e) Depth of modulation. (1) The depth of modulation of the radio
frequency carrier due to each of the 90 Hz and 150 Hz tones must be 20
percent 2 percent along the course line.
(2) The depth of modulation of the radiofrequency carrier due to the
1020 Hz identification signal must be within 5 percent to 15 percent.
(f) Course sector width. The standard course sector width must be 6
or 12 . The course sector must be maintained with 17 percent of the
standard.
(g) Course alignment. Course alignment must be as specified in
171.109(a)(8).
(h) Back course alignment and width. If a back course is provided,
standards and tolerances for back course sector width and alignment must
be the same as course sector width and course alignment specified in
paragraphs (f) and (g) of this section.
(i) Clearance. Clearance must be as specified in 171.109(a)(10).
(j) Monitor standards and tolerances. (1) The monitor system must
provide a warning to the designated control point(s) when any of the
conditions described in this paragraph occur, within the time periods
specified in paragraph (j)(6) of this section.
(2) Course shift alarm: The monitor must alarm and cause radiation
to cease, or identification and navigation signals must be removed, if
the course alignment deviates from standard alignment by 10 percent or
more of the standard course sector width.
(3) RF power reduction alarm: The monitor must alarm and cause
radiation to cease, or identification and navigation signals must be
removed, if the output power is reduced by 3 db or more from normal.
(4) Modulation level alarm: The monitor must alarm and cause
radiation to cease, or identification and navigation signals must be
removed, if the 90 Hz and 150 Hz modulation levels decrease by 17
percent or more.
(5) Course sector width alarm: The monitor must alarm and cause
radiation to cease, or identification and navigation signals must be
removed, for a change in course sector width to a value differing by 17
percent or more from the standard.
(6) Monitor delay before shutdown: Radiation must cease, or
identification and navigation signals must be removed, within 10 seconds
after a fault is detected by the monitor, and no attempt must be made to
resume radiation for a period of at least 20 seconds. If an automatic
recycle device is used, not more than three successive recycles may be
permitted before a complete SDF shutdown occurs.
(k) Mean time between failures. The mean time between failures must
not be less than 800 hours. This measure is applied only to equipment
failures (monitor or transmitting equipment, including out of tolerance
conditions) which result in facility shutdown. It does not relate to
the responsiveness of the maintenance organization.
(l) Course alignment stability. Drift of the course alignment must
not exceed one-half the monitor limit in a 1-week period.
(Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt.
171-9, 38 FR 28558, Oct. 15, 1973)
14 CFR 171.113 Installation requirements.
(a) The facility must be installed according to accepted good
engineering practices, applicable electric and safety codes, and FCC
requirements.
(b) The SDF facility must have the following basic components:
(1) VHF SDF equipment and associated monitor system;
(2) Remote control, and indicator equipment (remote monitor) when
required by the FAA;
(3) A final approach fix; and
(4) Compass locator (COMLO) or marker if suitable fixes and initial
approach routes are not available from existing facilities.
(c) The facility must have a reliable source of suitable primary
power, either from a power distribution system or locally generated.
Also, adequate power capacity must be provided for operation of test and
working equipment at the SDF. A determination by the Federal Aviation
Administration as to whether a facility will be required to have standby
power for the SDF and monitor accessories to supplement the primary
power will be made for each airport based upon operational minimums and
density of air traffic.
(d) A determination by the Federal Aviation Administration as to
whether a facility will be required to have dual transmitting equipment
with automatic changeover for the SDF will be made for each airport
based upon operational minimums and density of air traffic.
(e) There must be a means for determining, from the ground, the
performance of the equipment (including antennae), initially and
periodically.
(f) The facility must have the following ground/air or landline
communication services:
(1) At facilities outside of and not immediately adjacent to air
traffic control zones or areas, there must be ground/air communications
from the airport served by the facility. The utilization of voice on
the SDF should be determined by the facility operator on an individual
basis.
(2) At facilities within or immediately adjacent to air traffic
control zones or areas, there must be the ground/air communications
required by paragraph (b)(1) of this section and reliable communications
(at least a landline telephone) from the airport to the nearest Federal
Aviation Administration air traffic control or communications facility.
Compliance with paragraphs (f) (1) and (2) of this section need not
be shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to air
traffic control zones or areas, and where extensive delays are not a
factor, the requirements of paragraphs (f) (1) and (2) of this section
may be reduced to reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communication facility, if an
adjacent Federal Aviation Administration facility can communicate with
aircraft during the proposed instrument approach procedure down to the
airport surface or at least to the minimum approach altitude.
(g) At those locations where two separate SDF facilities serve
opposite ends of a single runway, an interlock must insure that only the
facility serving the approach direction in use can radiate, except where
no operationally harmful interference results.
(h) At those locations where, in order to alleviate frequency
congestion, the SDF facilities serving opposite ends of one runway
employ identical frequencies, an interlock must insure that the facility
not in operational use cannot radiate.
(i) Provisions for maintenance and operations by authorized persons
only.
(j) Where an operational advantage exists, the installation may omit
a back course.
(Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt.
171-16, 56 FR 65664, Dec. 17, 1991)
Effective Date Note: At 56 FR 65664, Dec. 17, 1991, 171.113 was
amended by revising paragraph (f), effective September 16, 1993. For
the convenience of the user, the revised text follows:
171.113 Installation requirements.
(f) The facility must have the following ground-air or landline
communication services:
(1) At facilities outside of and not immediately adjacent to
controlled airspace, there must be ground-air communications from the
airport served by the facility. The utilization of voice on the SDF
should be determined by the facility operator on an individual basis.
(2) At facilities within or immediately adjacent to controlled
airspace, there must be ground/air communications required by paragraph
(b)(1) of this section and reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communications facility.
Compliance with paragraphs (f) (1) and (2) of this section need not
be shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to
controlled airspace, and where extensive delays are not a factor, the
requirements of paragraphs (f) (1) and (2) of this section may be
reduced to reliable communications (at least a landline telephone) from
the airport to the nearest Federal Aviation Administration air traffic
control or communications facility, if an adjacent Federal Aviation
Administration facility can communicate with aircraft during the
proposed instrument approach procedure down to the airport surface or at
least down to the minimum approach altitude.
14 CFR 171.115 Maintenance and operations requirements.
(a) The owner of the facility shall establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility shall meet at a minimum the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility,
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The SDF must be designed and maintained so that the probability
of operation within the performance requirements specified is high
enough to insure an adequate level of safety. In the event
out-of-tolerance conditions develop, the facility shall be removed from
operation, and the designated control point notified.
(c) The owner must prepare, and obtain approval of, and each person
operating or maintaining the facility shall comply with, an operations
and maintenance manual that sets forth procedures for operations,
preventive maintenance, and emergency maintenance, including
instructions on each of the following:
(1) Physical security of the facility. This includes provisions for
designating critical areas relative to the facility and preventing or
controlling movements within the facility that may adversely affect SDF
operations.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission requirements for operating
personnel and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and Federal Aviation Administration
air traffic control facilities, with a description of the boundaries of
controlled airspace over or near the facility, instructions for relaying
air traffic control instructions and information (if applicable), and
instructions for the operation of an air traffic advisory service if the
facility is located outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of Federal Aviation Administration
manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.117.
(10) Monitoring of the facility.
(11) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(12) Inspection by U.S. personnel.
(13) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns, except that private use
facilities may omit ''Notices to Airmen.''
(14) Commissioning of the facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction
or grading) in the vicinity of the facility that may require shutdown or
certification of the facility by Federal Aviation Administration flight
check.
(17) Procedure for conducting a ground check of SDF course alignment,
width and clearance.
(18) The following information concerning the facility:
(i) Facility component locations with respect to airport layout,
instrument runway, and similar areas;
(ii) The type, make, and model of the basic radio equipment that will
provide the service;
(iii) The station power emission and frequencies of the SDF, markers
and associated COMLOs, if any;
(iv) The hours of operation;
(v) Station identification call letters and method of station
identification and the time spacing of the identification;
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without a Federal Aviation Administration flight
check to confirm published operations.
(d) The owner shall make a ground check of the facility each month in
accordance with procedures approved by the Federal Aviation
Administration at the time of commissioning, and shall report the
results of the checks as provided in 171.117.
(e) If the owner desires to modify the facility, he shall submit the
proposal to the Federal Aviation Administration and may not allow any
modifications to be made without specific approval.
(f) The owner's maintenance personnel shall participate in initial
inspections made by the Federal Aviation Administration. In the case of
subsequent inspections, the owner or his representatives shall
participate.
(g) Whenever it is required by the Federal Aviation Administration,
the owner shall incorporate improvements in SDF maintenance. In
addition, he shall provide a stock of spare parts, of such a quantity,
to make possible the prompt replacement of components that fail or
deteriorate in service.
(h) The owner shall provide Federal Aviation Administration approved
test instruments needed for maintenance of the facility.
(i) The owner shall close the facility by ceasing radiation and shall
issue a ''Notice to Airmen'' that the facility is out of service (except
that private use facilities may omit ''Notices to Airmen''), upon
receiving two successive pilot reports of its malfunctioning.
14 CFR 171.117 Reports.
The owner of each facility to which this subpart applies shall make
the following reports, at the time indicated, to the Federal Aviation
Administration Regional Office for the area in which the facility is
located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner or his maintenance representative with the
equipment adjustments and meter readings as of the time of
commissioning, with one copy to be kept in the permanent records of the
facility and two copies to the appropriate Regional Office of the
Federal Aviation Administration. The owner shall revise the form after
any major repair, modification, or retuning, to reflect an accurate
record of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1) This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional Office of the Federal
Aviation Administration at the end of each month in which it is
prepared.
(c) Radio equipment operation record (Form FAA-418), containing a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional Office
of the Federal Aviation Administration.
(Doc. No. 10116, 35 FR 12711, Aug. 11, 1970, as amended by Amdt.
171-10, 40 FR 36110, Aug. 19, 1975)
14 CFR 171.117 Subpart G -- Distance Measuring Equipment (DME)
Source: Docket No. 10116, 35 FR 12715, Aug. 11, 1970, unless
otherwise noted.
14 CFR 171.151 Scope.
This subpart sets forth minimum requirements for the approval and
operation of non-Federal DME facilities that are to be involved in the
approval of instrument flight rules and air traffic control procedures
related to those facilities.
14 CFR 171.153 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on a DME facility
that he owns must submit the following information with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.157 and is installed in
accordance with 171.159.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and maintenance manual that
meets the requirement of 171.161.
(4) A statement of intention to meet the requirements of this
subpart.
(5) A showing that the facility has an acceptable level of
operational reliability and an acceptable standard of performance.
Previous equivalent operational experience with a facility with
identical design and operational characteristics will be considered in
showing compliance with this paragraph.
(b) After the Federal Aviation Administration inspects and evaluates
the facility, it advises the owner of the results and of any required
changes in the facility or the maintenance manual or maintenance
organization. The owner must then correct the deficiencies, if any, and
operate the facility for an in-service evaluation by the Federal
Aviation Administration.
14 CFR 171.155 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the Federal Aviation Administration will approve an IFR procedure
for a non-Federal DME:
(1) A suitable frequency channel must be available.
(2) The facility's performance, as determined by air and ground
inspection, must meet the requirements of 171.157.
(3) The installation of the equipment must meet the requirements of
171.159.
(4) The owner must agree to operate and maintain the facility in
accordance with 171.161.
(5) The owner must agree to furnish periodic reports, as set forth in
171.163, and must agree to allow the Federal Aviation Administration to
inspect the facility and its operation whenever necessary.
(6) The owner must assure the Federal Aviation Administration that he
will not withdraw the facility from service without the permission of
the Federal Aviation Administration.
(7) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the Federal Aviation Administration may
bear certain of these costs subject to budgetary limitations and policy
established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the Federal Aviation Administration commissions the
facility as a prerequisite to its approval for use in an IFR procedure.
The approval is withdrawn at any time the facility does not continue to
meet those requirements.
14 CFR 171.157 Performance requirements.
(a) The DME must meet the performance requirements set forth in the
''International Standards and Recommended Practices. Aeronautical
Telecommunications, Part I, Paragraph 3.5'' (Annex 10 to the Convention
of International Civil Aviation).
(b) It must be shown during ground inspection of the design features
of the equipment that there will not be conditions that will allow
unsafe operations because of component failure or deterioration.
(c) The monitor must be checked periodically, during the in-service
test evaluation period, for calibration and stability. These tests and
ground tests of the functional and performance characteristics of the
DME transponder must be conducted in accordance with the maintenance
manual required by 171.161(b).
(d) Flight inspection to determine the adequacy of the facility's
operational performance and compliance with applicable ''Standards and
Recommended Practices'' must be accomplished in accordance with the
''U.S. Standard Flight Inspection Manual.''
(Docket No. 10116, 35 FR 12715, Aug. 11,1970, as amended by Amdt.
171-13, 50 FR 4875, Nov. 27, 1985)
14 CFR 171.159 Installation requirements.
(a) The facility must be installed according to accepted good
engineering practices, applicable electric and safety codes, and Federal
Communications Commission requirements.
(b) The facility must have a reliable source of suitable primary
power, either from a power distribution system or locally generated,
with a supplemental standby system, if needed.
(c) Dual transmitting equipment with automatic changeover is
preferred and may be required to support certain IFR procedures.
(d) There must be a means for determining from the ground, the
performance of the equipment, initially and periodically.
(e) A facility intended for use as an instrument approach aid for an
airport must have or be supplemented by the following ground air or
landline communications services:
(1) At facilities outside of and not immediately adjacent to air
traffic control areas, there must be ground-air communications from the
airport served by the facility. Separate communications channels are
acceptable.
(2) At facilities within or immediately adjacent to air traffic
control areas, there must be the ground-air communications required by
paragraph (e)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communication facility. Separate
communications channels are acceptable.
Compliance with paragraphs (e) (1) and (2) of this section need not
be shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to air
traffic control zones or areas, and where extensive delays are not a
factor, the requirements of paragraphs (e) (1) and (2) of this section
may be reduced to reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communications facility, if an
adjacent Federal Aviation Administration facility can communicate with
aircraft during the proposed instrument approach procedure, at least
down to the minimum en route altitude for the controlled area.
(Doc. No. 10116, 35 FR 12715, Aug. 11, 1970, as amended by Amdt.
171-16, 56 FR 65665, Dec. 17, 1991)
Effective Date Note: At 56 FR 65665, Dec. 17, 1991, 171.159 was
amended by revising paragraphs (e)(1) and (2), effective September 16,
1993. For the convenience of the user, the revised text follows:
171.159 Installation requirements.
(e) * * *
(1) At facilities outside of and not immediately adjacent to
controlled airspace, there must be ground-air communications from the
airport served by the facility. Separate communications channels are
acceptable.
(2) At facilities within or immediately adjacent to controlled
airspace, there must be the ground-air communications required by
paragraph (e)(1) of this section and reliable communications (at least a
landline telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communications facility. Separate
communications channels are acceptable.
Compliance with paragraphs (e) (1) and (2) of this section need not
be shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to
controlled airspace, and where extensive delays are not a factor, the
requirements of paragraphs (e) (1) and (2) of this section may be
reduced to reliable communications (at least a landline telephone) from
the airport to the nearest Federal Aviation Administration air traffic
control or communications facility, if an adjacent Federal Aviation
Administration facility can communicate with aircraft during the
proposed instrument approach procedure, at least down to the minimum en
route altitude for the controlled airspace area.
14 CFR 171.161 Maintenance and operations requirements.
(a) The owner of the facility shall establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility shall meet at a minimum the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility,
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The owner must prepare and obtain Federal Aviation Administration
approval of, and each person operating or maintaining the facility shall
comply with, an operations and maintenance manual that sets forth
procedures for operations, preventive maintenance, and emergency
maintenance, including instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission's requirements and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and Federal Aviation
Administration air traffic control facilities, with a description of the
boundaries of controlled airspace over or near the facility,
instructions for relaying air traffic control instructions and
information (if applicable), and instructions for the operation of an
air traffic advisory service if the DME is located outside of controlled
airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of Federal Aviation Administration
manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.163.
(10) Monitoring of the facility.
(11) Inspections by U.S. personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns, except that private use
facilities may omit the ''Notices to Airmen.''
(14) An explanation of the kinds of activity (such as construction or
grading) in the vicinity of the facility that may require shutdown or
reapproval of the facility by Federal Aviation Administration flight
check.
(15) Commissioning of the facility.
(16) An acceptable procedure for amending or revising the manual.
(17) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its
position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will
provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and methods of station
identification, whether by Morse code or recorded voice announcement,
and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without an FAA flight check to confirm published
operations.
(c) The owner shall make a monthly ground operational check in
accordance with procedures approved by the FAA at the time of
commissioning, and shall report the results of the checks as provided in
171.163.
(d) If the owner desires to modify the facility, he shall submit the
proposal to the FAA and may not allow any modifications to be made
without specific approval.
(e) The owner's maintenance personnel shall participate in initial
inspections made by the FAA. In the case of subsequent inspections, the
owner or his representative shall participate.
(f) Whenever it is required by the FAA, the owner shall incorporate
improvements in DME maintenance.
(g) The owner shall provide a stock of spare parts of such a quantity
to make possible the prompt replacement of components that fail or
deteriorate in service.
(h) The owner shall provide FAA-approved test instruments needed for
maintenance of the facility.
(i) The owner shall shut down the facility (i.e., cease radiation and
issue a NOTAM that the facility is out-of-service) upon receiving two
successive pilot reports of its malfunctioning.
14 CFR 171.163 Reports.
The owner of each facility to which this subpart applies shall make
the following reports on forms furnished by the FAA, at the time
indicated, to the FAA Regional office for the area in which the facility
is located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner with the equipment adjustments and meter
readings as of the time of commissioning, with one copy to be kept in
the permanent records of the facility and two copies to the appropriate
Regional office of the FAA. The owner shall revise the form after any
major repair, modification, or returning, to reflect an accurate record
of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1). This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional Office of the Federal
Aviation Administration at the end of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418), containing a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional Office
of the Federal Aviation Administration.
(Doc. No. 10116, 35 FR 12715, Aug. 11, 1970, as amended by Amdt.
171-10, 40 FR 36110, Aug. 19, 1975)
14 CFR 171.163 Subpart H -- VHF Marker Beacons
Source: Docket No. 10116, 35 FR 12716, Aug. 11, 1970, unless
otherwise noted.
14 CFR 171.201 Scope.
(a) This subpart sets forth minimum requirements for the approval and
operation of non-Federal VHF marker beacon facilities that are to be
involved in the approval of instrument flight rules and air traffic
control procedures related to those facilities.
14 CFR 171.203 Requests for IFR procedure.
(a) Each person who requests an IFR procedure which will incorporate
the use of a VHF marker beacon facility that he owns must submit the
following information with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.207 and is installed in
accordance with 171.209.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that
meets the requirements of 171.211.
(4) A statement of intent to meet the requirement of this subpart.
(5) A showing that the facility has an acceptable level of
operational reliability, and an acceptable standard of performance.
Previous equivalent operational experience may be shown to comply with
this subparagraph.
(b) After the Federal Aviation Administration inspects and evaluates
the facility, it advises the owner of the results and of any required
changes in the facility or the maintenance manual or maintenance
organization. The owner shall then correct the deficiencies, if any,
and operate the facility for an in-service evaluation by the Federal
Aviation Administration.
14 CFR 171.205 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the Federal Aviation Administration will approve an IFR procedure
which incorporates the use of a non-Federal VHF marker beacon facility
under this subpart:
(1) The facility's performances, as determined by air and ground
inspection, must meet the requirements of 171.207.
(2) The installation of the equipment must meet the requirements of
171.209.
(3) The owner must agree to operate and maintain the facility in
accordance with 171.211.
(4) The owner must agree to furnish periodic reports, as set forth in
171.213, and agree to allow the Federal Aviation Administration to
inspect the facility and its operation whenever necessary.
(5) The owner must assure the Federal Aviation Administration that he
will not withdraw the facility from service without the permission of
the Federal Aviation Administration.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspections made before the facility
is commissioned, except that the Federal Aviation Administration may
bear certain of these costs subject to budgetary limitations and policy
established by the Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the Federal Aviation Administration commissions the
facility as a prerequisite to its approval for use in an IFR procedure.
The approval is withdrawn at any time the facility does not continue to
meet those requirements.
14 CFR 171.207 Performance requirements.
(a) VHF Marker Beacons must meet the performance requirements set
forth in the ''International Standards and Recommended Practices,
Aeronautical Telecommunications, Part I, paragraphs 3.1.6 and 3.6.''
(Annex 10 to the Convention on International Civil Aviation) except
those portions that pertain to identification. Identification of a
marker beacon (75 MHz) must be in accordance with ''U.S. Standard Flight
Inspection Manual,'' 219.
(b) The facility must perform in accordance with recognized and
accepted good electronic engineering practices for the desired service.
The facility must be checked periodically during the in-service test
evaluation period for calibration and stability. These tests and ground
tests of the marker radiation characteristics must be conducted in
accordance with the maintenance manual required by 171.211(b).
(c) It must be shown during ground inspection of the design features
of the equipment that there will not be conditions that will allow
unsafe operations because of component failure or deterioration.
(d) Flight inspection to determine the adequacy of the facility's
operational performance and compliance with applicable ''Standards and
Recommended Practices'' are conducted in accordance with the ''U.S.
Standard Flight Inspection Manual.'' The original test is made by the
Federal Aviation Administration and later tests must be made under
arrangements, satisfactory to the Federal Aviation Administration, that
are made by the owner.
14 CFR 171.209 Installation requirements.
(a) The facility must be installed according to accepted good
engineering practices, applicable electric and safety codes, and Federal
Communications Commission requirements.
(b) The facility must have a reliable source of suitable primary
power.
(c) Dual transmitting equipment may be required, if applicable, to
support certain IFR procedures.
(d) At facilities within or immediately adjacent to air traffic
control areas, and that are intended for use as instrument approach aids
for an airport, there must be ground-air communications or reliable
communications (at least a landline telephone) from the airport to the
nearest Federal Aviation Administration air traffic control or
communication facility. Compliance with this paragraph need not be
shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to air
traffic control zones or areas, and where extensive delays are not a
factor, the requirements of this paragraph may be reduced to reliable
communications (at least a landline telephone) from the airport to the
nearest Federal Aviation Administration air traffic control or
communications facility, if an adjacent Federal Aviation Administration
facility can communicate with aircraft during the proposed instrument
approach procedure, at least down to the minimum en route altitude for
the controlled area.
(Doc. No. 10116, 35 FR 12716, Aug. 11, 1970, as amended by Amdt.
171-16, 56 FR 65665, Dec. 17, 1991)
Effective Date Note: At 56 FR 65665, Dec. 17, 1991, 171.209 was
amended by revising paragraph (d), effective September 16, 1993. For
the convenience of the user, the revised text follows:
171.209 Installation requirements.
(d) At facilities within or immediately adjacent to controlled
airspace and that are intended for use as instrument approach aids for
an airport, there must be ground-air communications or reliable
communications (at least a landline telephone) from the airport to the
nearest Federal Aviation Administration air traffic control or
communication facility. Compliance with this paragraph need not be
shown at airports where an adjacent Federal Aviation Administration
facility can communicate with aircraft on the ground at the airport and
during the entire proposed instrument approach procedure. In addition,
at low traffic density airports within or immediately adjacent to
controlled airspace, and where extensive delays are not a factor, the
requirements of this paragraph may be reduced to reliable communications
(at least a landline telephone) from the airport to the nearest Federal
Aviation Administration air traffic control or communications facility,
if an adjacent Federal Aviation Administration facility can communicate
with aircraft during the proposed instrument approach procedure, at
least down to the minimum en route altitude for the controlled airspace
area.
14 CFR 171.211 Maintenance and operations requirements.
(a) The owner of the facility shall establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility shall meet at a minimum the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility,
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) The owner must prepare, and obtain approval of, and each person
who operates or maintains the facility shall comply with, an operations
and maintenance manual that sets forth procedures for operations,
preventive maintenance, and emergency maintenance, including
instructions on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons only.
(3) Federal Communications Commission's requirements for operating
and maintenance personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and Federal Aviation
Administration air traffic control facilities, with a description of the
boundaries of controlled airspace over or near the facility,
instructions for relaying air traffic control instructions and
information (if applicable).
(6) Notice to the Administrator of any suspension of service.
(7) Detailed arrangements for maintenance, flight inspection, and
servicing, stating the frequency of servicing.
(8) Keeping of station logs and other technical reports, and the
submission of reports required by 171.213.
(9) Monitoring of the facility, at least once each half hour, to
assure continuous operation.
(10) Inspections by U.S. personnel.
(11) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(12) Shutdowns for routine maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns (private use facilities may
omit the ''Notice to Airmen'').
(13) Commissioning of the facility.
(14) An acceptable procedure for amending or revising the manual.
(15) The following information concerning the facility:
(i) Location by latitude and longitude to the nearest second, and its
position with respect to airport layouts.
(ii) The type, make, and model of the basic radio equipment that will
provide the service.
(iii) The station power emission and frequency.
(iv) The hours of operation.
(v) Station identification call letters and methods of station
identification, whether by Morse Code or recorded voice announcement,
and the time spacing of the identification.
(c) If the owner desires to modify the facility, he shall submit the
proposal to the Federal Aviation Administration and meet applicable
requirements of the Federal Communications Commission, and must not
allow any modification to be made without specific approval by the
Federal Aviation Administration.
(d) The owner's maintenance personnel shall participate in initial
inspections made by the Federal Aviation Administration. In the case of
subsequent inspections, the owner or his representative shall
participate.
(e) The owner shall provide a stock of spare parts, of such a
quantity to make possible the prompt replacement of components that fail
or deteriorate in service.
(f) The owner shall shut down the facility by ceasing radiation, and
shall issue a ''Notice to Airmen'' that the facility is out of service
(except that private use facilities may omit ''Notices to Airmen'') upon
receiving two successive pilot reports of its malfunctioning.
14 CFR 171.213 Reports.
The owner of each facility to which this subpart applies shall make
the following reports, at the times indicated, to the Federal Aviation
Administration Regional Office for the area in which the facility is
located:
(a) Record of meter readings and adjustments (Form FAA-198). To be
filled out by the owner or his maintenance representative with the
equipment adjustments and meter readings as of the time of
commissioning, with one copy to be kept in the permanent records of the
facility and two copies to the appropriate Regional Office of the
Federal Aviation Administration. The owner must revise the form after
any major repair, modification, or retuning, to reflect an accurate
record of facility operation and adjustment.
(b) Facility maintenance log (FAA Form 6030-1). This form is a
permanent record of all equipment malfunctioning met in maintaining the
facility, including information on the kind of work and adjustments
made, equipment failures, causes (if determined), and corrective action
taken. The owner shall keep the original of each report at the facility
and send a copy to the appropriate Regional Office of the Federal
Aviation Administration at the end of the month in which it is prepared.
(c) Radio equipment operation record (Form FAA-418), containing a
complete record of meter readings, recorded on each scheduled visit to
the facility. The owner shall keep the original of each month's record
at the facility and send a copy of it to the appropriate Regional Office
of the Federal Aviation Administration.
(Doc. No. 10116, 35 FR 12716, Aug. 11, 1970, as amended by Amdt.
171-10, 40 FR 36110, Aug. 19, 1975)
14 CFR 171.213 Subpart I -- Interim Standard Microwave Landing System
(ISMLS)
Source: Docket No. 14120, 40 FR 36110, Aug. 19, 1975, unless
otherwise noted.
14 CFR 171.251 Scope.
This subpart sets forth minimum requirements for the approval and
operation of non-Federal Interim Standard Microwave Landing System
(ISMLS) facilities that are to be involved in the approval of instrument
flight rules and air traffic control procedures related to those
facilities.
14 CFR 171.253 Definitions.
As used in this subpart:
Angular displacement sensitivity (Glide Slope) means the ratio of
measured DDM to the corresponding angular displacement from the
appropriate reference line.
Collocated ground station means the type of ground station which
transmits two or more guidance signals simultaneously from a common
location.
Course line means the locus of points nearest to the runway
centerline in any horizontal plane at which the DDM is zero.
Course sector (full) means a sector in a horizontal plane containing
the course line and limited by the loci of points nearest to the course
line at which the DDM is 0.155.
Course sector (half) means the sector in a horizontal plane
containing the course line and limited by the loci of points nearest to
the course line at which DDM is 0.0775.
DDM means difference in depth of modulation. The percentage
modulation depth of the larger signal minus the percentage modulation
depth of the smaller signal, divided by 100.
Displacement sensitivity (Localizer) means the ratio of measured DDM
to the corresponding lateral displacement from the appropriate reference
line.
Facility Performance Category I -- ISMLS means an ISMLS which
provides guidance information from the coverage limit of the ISMLS to
the point at which the localizer course line intersects the ISMLS glide
path at a height of 200 feet or less above the horizontal plane
containing the threshold.
Glide path means that locus of points in the vertical plane
containing the runway center line at which the DDM is zero, which, of
all such loci, is the closest to the horizontal plane.
Glide path angle ( ) means the angle between a straight line which
represents the mean of the ISMLS glide path and the horizontal.
Glide path sector (full) means the sector in the vertical plane
containing the ISMLS glide path and limited by the loci of points
nearest to the glide path at which the DDM is 0.175. The ISMLS glide
path sector is located in the vertical plane containing the runway
centerline, and is divided by the radiated glide path in two parts
called upper sector and lower sector, referring respectively to the
sectors above and below the glide path.
Glide path sector (half) means the sector in the vertical plane
containing the ISMLS glide path and limited by the loci of points
nearest to the glide path at which the DDM is 0.0875.
ISMLS Point 'A' means an imaginary point on the glide path/localizer
course measured along the runway centerline extended, in the approach
direction, four nautical miles from the runway threshold.
ISMLS Point 'B' means an imaginary point on the glide path/localizer
course measured along the runway centerline extended, in the approach
direction, 3500 feet from the runway threshold.
ISMLS Point 'C' means a point through which the downward extended
straight portion of the glide path (at the commissioned angle) passes at
a height of 100 feet above the horizontal plane containing the runway
threshold.
Interim standard microwave landing system (ISMLS) means a ground
station which transmits azimuth and elevation angle information which,
when decoded and processed by the airborne unit, provides signal
performance capable of supporting approach minima for V/STOL and CTOL
operations and operates with the signal format and tolerances specified
in 171.259, 171.261, 171.263, 171.265, and 171.267.
Integrity means that quality which relates to the trust which can be
placed in the correctness of the information supplied by the facility.
Mean corrective time means the average time required to correct an
equipment failure over a given period, after a service man reaches the
facility.
Mean time between failures means the average time between equipment
failure over a given period.
Reference datum means a point at a specified height located
vertically above the intersection of the runway centerline and the
threshold and through which the downward extended straight portion of
the ISMLS glide path passes.
Split type ground station means the type of ground station in which
the electronic components for the azimuth and elevation guidance are
contained in separate housings or shelters at different locations, with
the azimuth portion of the ground station located at the stop end of the
runway, and the elevation guidance near the approach end of the runway.
14 CFR 171.255 Requests for IFR procedures.
(a) Each person who requests an IFR procedure based on an ISMLS
facility that he owns must submit the following information with that
request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.259, 171.261, 171.263,
171.265, 171.267, and 171.269, and is installed in accordance with
171.271.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that
meets the requirements of 171.273.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the ISMLS facility has an acceptable level of
operational reliability, maintainability and acceptable standard of
performance. Previous equivalent operational experience with a facility
with identical design and operational characteristics will be considered
in showing compliance with this paragraph.
(b) After the FAA inspects and evaluates the ISMLS facility, it
advises the owner of the results and of any required changes in the
ISMLS facility or in the maintenance manual or maintenance organization.
The owner must then correct the deficiencies, if any, and operate the
ISMLS facility for an inservice evaluation by the FAA.
14 CFR 171.257 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the FAA approves an IFR procedure for a non-Federal ISMLS
facility:
(1) The performance of the ISMLS facility, as determined by flight
and ground inspection conducted by the FAA, must meet the requirements
of 171.259, 171.261, 171.263, 171.265, 171.267, and 171.269.
(2) The installation of the equipment must meet the requirements of
171.271.
(3) The owner must agree to operate and maintain the ISMLS facility
in accordance with 171.273.
(4) The owner must agree to furnish periodic reports as set forth in
171.275 and agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the ISMLS
facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspection made before the ISMLS
facility is commissioned, except that the FAA may bear certain costs
subject to budgetary limitations and policy established by the
Administrator.
(b) If the applicant for approval meets the requirements of paragraph
(a) of this section, the FAA approves the ISMLS facility for use in an
IFR procedure. The approval is withdrawn at any time that the ISMLS
facility does not continue to meet those requirements. In addition, the
ISMLS facility may be de-commissioned whenever the frequency channel is
needed for higher priority common system service.
14 CFR 171.259 Performance requirements: General.
(a) The ISMLS consists of the following basic components:
(1) C-Band (5000 MHz-5030 MHz) localizer equipment, associated
monitor system, and remote indicator equipment;
(2) C-Band (5220 MHz-5250 MHz) glide path equipment, associated
monitor system, and remote indicator equipment;
(3) VHF marker beacons (75 MHz), associated monitor systems, and
remote indicator equipment.
(4) An ISMLS airborne receiver or a VHF/UHF ILS receiver modified to
be capable of receiving the ISMLS signals. This modification requires
the addition of a C-Band antenna, a converter unit, a microwave/ILS mode
control, and a VHF/UHF receiver modification kit.
(b) The electronic ground equipments in paragraph (a)(1), (2), and
(3) of this section, must be designed to operate on a nominal 120/240
volt, 60 Hz, 3-wire single phase AC power source.
(c) ISMLS ground equipment must meet the following service
conditions:
(1) AC line parameters, DC voltage, elevation, and duty:
120 V nominal value, 102 V to 138 V ( 1 V).*
208 V nominal value, 177 V to 239 V ( 2 V).*
240 V nominal value, 204 V to 276 V ( 0.2 V).*
AC line frequency (60 Hz), 57 Hz to 63 Hz ( 0.2 Hz).*
DC voltage (48 V), 44 V to 52 V ( 0.5 V).*
*Note: Where discrete values of the above frequency or voltages are
specified for testing purposes, the tolerances given in parentheses
indicated by an asterisk apply to the test instruments used to measure
these parameters.
Elevation, 0 to 10,000 ft. above sea level.
Duty, continuous, unattended.
(2) Ambient conditions for localizer and glide path equipment:
Temperature, ^10 C to +50 C.
Relative humidity, 5% to 90%.
(3) Ambient conditions for marker beacon facilities and all other
equipment installed outdoors (for example, antennae, field detectors,
and shelters):
Temperature, ^50 C. to +70 C.
Relative humidity, 5% to 100%.
(4) All equipment installed outdoors must operate satisfactorily
under the following conditions:
Wind velocity, 0-100 MPH (not including gusts).
Hail stones, 1/2'' diameter.
Rain, provide coverage through a distance of 5 nautical miles with
rain falling at a rate of 50 millimeters per hour, and with rain falling
at the rate of 25 millimeters per hour for the additional design
performance range of the system.
Ice loading, encased in 1/2'' radial thickness of clear ice.
(d) The ISMLS must perform in accordance with the following standards
and practices for Facility Performance Category I operation:
(1) The ISMLS must be constructed and adjusted so that, at a
specified distance from the threshhold, similar instrumental indications
in the aircraft represent similar displacements from the course line or
ISMLS glide path, as appropriate, regardless of the particular ground
installation in use.
(2) The localizer and glide path components listed in paragraphs
(a)(1) and (a)(2) of this section which form part of an ISMLS, must
comply at least with the standard performance requirements specified
herein. The marker beacon components listed in paragraph (a)(3) of this
section which form part of an ISMLS, must comply at least with the
standard performance requirements specified in subpart H of this part.
(3) The ISMLS must be so designed and maintained that the probability
of operation is within the performance requirements specified in
171.273(k).
(e) The signal format and pairing of the runway localizer and glide
path transmitter frequencies of an ISMLS must be in accordance with the
frequency plan approved by the FAA, and must meet the following signal
format requirements:
(1) The localizer and glide slope stations must transmit angular
guidance information on a C-band microwave carrier on narrow, scanned
antenna beams that are encoded to produce a modulation in space which,
after averaging over several beam scans, is equivalent to the modulation
used for conventional ILS as specified in subpart C of this part, except
that the frequency tolerance may not exceed 0.0001 percent.
(2) Guidance modulation must be impressed on the microwave carrier of
the radiated signal in the form of a summation of 90 Hz and 150 Hz
sinusoidal modulation corresponding to the pointing direction of the
particular beam which radiates the signal.
(3) Each of the effective beam positions must be illuminated in a
particular sequence for a short time interval. The modulation impressed
on each beam must be a sample of the combined 90 Hz and 150 Hz waveform
appropriate for that particular beam direction and time slot, and must
be accomplished by appropriately varying the length of time the carrier
is radiated during each beam illumination interval.
(4) For those cases where the scanning beam fills the coverage space
in steps, the incremental step must not exceed 0.6 times the beam width
where the beam is in the proportional guidance sector. In the clearance
region, the step may not exceed 0.8 times the beam width.
(5) At least one pulse duration modulation (pdm) sample pulse per
beam width of scan must be provided.
(6) The minimum pulse duration must be 40 microseconds.
(7) The minimum beam scan cycle must be 600 Hz.
(8) The minimum duty ratio detectable by a receiver located anywhere
in the coverage areas defined by this specification may not be less than
0.1. Detected duty ratio means the ratio of the average energy per scan
detected at a point in space to the average energy per scan transmitted
in all directions through the transmitting antenna.
(9) The localizer must produce a C-band unmodulated reference
frequency signal of sufficient strength to allow satisfactory operation
of an aircraft receiver within the specified localizer and glide path
coverage sectors. Pairing of this reference frequency with the
localizer and glide slope frequencies must be in accordance with a
frequency plan approved by the FAA.
14 CFR 171.261 Localizer performance requirements.
This section prescribes the performance requirements for localizer
equipment components of the ISMLS.
(a) The localizer antenna system must:
(1) Be located on the extension of the centerline of the runway at
the stop end;
(2) Be adjusted so that the course line be on a vertical plane
containing the centerline of the runway served;
(3) Have the minimum height necessary to comply with the coverage
requirements prescribed in paragraph (j) of this section;
(4) Be located at a distance from the stop end of the runway that is
consistent with safe obstruction clearance practices;
(5) Not obscure any light of the approach landing system; and
(6) Be installed on frangible mounts or beyond the 1000' light bar.
(b) On runways where limited terrain prevents the localizer antennae
from being positioned on the runway centerline extended, and the cost of
the land fill or a tall tower antenna support is prohibitive, the
localizer antenna array may be offset, including a collocated ground
station, so that the course intercepts the centerline at a point
determined by the amount of the angular offset and the glide path angle.
If other than a runway centerline localizer is used, the criteria in
subpart C of part 97 of this chapter is applicable.
(c) At locations where two separate ISMLS facilities serve opposite
ends of of a single runway, an interlock must ensure that only the
facility serving the approach direction being used will radiate.
(d) The radiation from the localizer antenna system must produce a
composite field pattern which is pulse duration modulated, the time
average equivalent to amplitude modulation by a 90 Hz and 150 Hz tone.
The localizer station must transmit angular guidance information over a
C-band microwave carrier on narrow, scanned antenna beams that are
encoded to produce a modulation in space which, after averaging over
several beam scans, is equivalent to the modulation used for
conventional ILS as specified in subpart C of this part. The radiation
field pattern must produce a course sector with one tone predominating
on one side of the course and with the other tone predominating on the
opposite side. When an observer faces the localizer from the approach
end of the runway, the depth of modulation of the radio frequency
carrier due to the 150 Hz tone must predominate on his right hand and
that due to the 90 Hz tone must predominate on his left hand.
(e) All horizontal angles employed in specifying the localizer field
patterns must originate from the center of the localizer antenna system
which provides the signals used in the front course sector.
(f) The ISMLS course sector angle must be adjustable between 3
degrees and 9 degrees. The applicable course sector angle will be
established and approved on an individual basis.
(g) The ISMLS localizer must operate in the band 5000 MHz to 5030
MHz. The frequency tolerance may not exceed 0.0001 percent.
(h) The emission from the localizer must be vertically polarized.
The horizontally polarized component of the radiation of the course line
may not exceed that which corresponds to a DDM error of 0.016 when an
aircraft is positioned on the course line and is in a roll attitude of
20 degrees from the horizontal.
(i) The localizer must provide signals sufficient to allow
satisfactory operation of a typical aircraft installation within the
localizer and glide path coverage sectors. The localizer coverage
sector must extend from the center of the localizer antenna system to
distances of 18 nautical miles minimum within 10 degrees from the front
course line, and 10 nautical miles minimum between 10 degrees and 35
degrees from the front course line. The ISMLS localizer signals must be
receivable at the distances specified up from a surface extending
outward from the localizer antenna and within a sector in the elevation
plane from 0.300 to 1.750 of the established glide path angle ( ).
(j) Except as provided in paragraph (k) of this section, in all parts
of the coverage volume specified in paragraph (i) of this section, the
peak field strength may not be less than ^87 dBW/m2, and must permit
satisfactory operational usage of ISMLS localizer facilities.
(k) The minimum peak field strength on the ISMLS glide path and
within the localizer course sector from a distance of 10 nautical miles
to a height of 100 feet (30 meters) above the horizontal plane
containing the threshold, may not be less than +87 dBW/m2.
(l) Above 16 degrees, the ISMLS localizer signals must be reduced to
as low a value as practicable.
(m) Bends in the course line may not have amplitudes which exceed the
following:
(n) The amplitudes referred to in paragraph (m) of this section are
the DDMs due to bends as realized on the mean course line, when
correctly adjusted.
(o) The radio frequency carrier must meet the following requirements:
(1) The nominal depth of modulation of the radio frequency carrier
due to each of the 90 Hz and 150 Hz tones must be 20 percent along the
course line.
(2) The depth of modulation of the radio frequency carrier due to
each of the 90 Hz and 150 Hz tones must be between 18 and 22 percent.
(3) The frequency tolerance of the 90 Hz and 150 Hz modulated tones
must be within 25 percent.
(4) Total harmonic content of the 90 Hz tone may not exceed 10
percent.
(5) Total harmonic content of the 150 Hz tone may not exceed 10
percent. However, a 300 Hz tone may be transmitted for identification
purposes.
(6) At every half cycle of the combined 90 Hz and 150 Hz wave form,
the modulation tones must be phase-locked so that within the half course
sector, the demodulated 90 Hz and 150 Hz wave forms pass through zero in
the same direction within 20 degrees with phase relative to the 150 Hz
component. However, the phase need not be measured within the half
course sector.
(p) The mean course line must be adjusted and maintained within
.015DDM from the runway centerline at the ISMLS reference datum.
(q) The nominal displacement sensitivity within the half course
sector at the ISMLS reference datum, must be 0.00145 DDM/meter
(0.00044DDM/foot). However, where the specified nominal displacement
sensitivity cannot be met, the displacement sensitivity must be adjusted
as near as possible to that value.
(r) The lateral displacement sensitivity must be adjusted and
maintained within 17 percent of the nominal value. Nominal sector width
at the ISMLS reference datum is 210 meters (700 feet).
(s) The increase of DDM must be substantially linear with respect to
angular displacement from the front course line where DDM is zero, up to
angle on either side of the front course line where the DDM is 0.180.
From that angle to 10 degrees, the DDM may not be less than 0.180. From
10 degrees to 35 degrees, the DDM may not be less than 0.155.
(t) The localizer must provide for the simultaneous transmission of
an identification signal which meets the following:
(1) It must be specific to the runway and approach direction, on the
same radio frequency carrier, as used for the localizer function.
(2) Transmission of the identification signal may not interfere in
any way with the basic localizer function.
(3) The signal must be produced by pulse duration modulation of the
radio frequency carrier resulting in a detected audio tone in the
airborne VHF receiver of 1020 Hz 50Hz.
(4) The depth of modulation must be between the limits of 10 and 12
percent.
(5) The emissions carrying the identification signal must be
vertically polarized.
(6) The identification signal must employ the International Morse
Code and consist of three letters. It must be preceded by the
International Morse Code signal of the letter ''M'' followed by a short
pause where it is necessary to distinguish the ISMLS facility from other
navigational facilities in the immediate area. At airports where both
an ISMLS and an ILS are in operation, each facility must have a
different identification call sign.
(7) The signal must be transmitted at a speed corresponding to
approximately seven words per minute, and must be repeated at
approximately equal intervals, not less than six times per minute,
during which time the localizer is available for operational use. When
the localizer is not available for transmission, the identification
signal must be suppressed.
14 CFR 171.263 Localizer automatic monitor system.
(a) The ISMLS localizer equipment must provide an automatic monitor
system that transmits a warning to designated local and remote control
points when any of the following occurs:
(1) A shift of the mean course line of the localizer from the runway
centerline equivalent to more than 0.015 DDM at the ISMLS reference
datum.
(2) For localizers in which the basic functions are provided by the
use of a single-frequency system, a reduction of power output to less
than 50 percent of normal or a loss of ground station identification
transmissions.
(3) Changes of displacement sensitivity to a value differing by more
than 17 percent from nominal value for the localizer.
(4) Failure of any part of the monitor itself. Such failure must
automatically produce the same results as the malfunctioning of the
element being monitored.
(b) Within 10 seconds of the occurrence of any of the conditions
prescribed in paragraph (a) of this section, including periods of zero
radiation, localizer signal radiation must cease or the navigation and
identification components must be removed.
14 CFR 171.265 Glide path performance requirements.
This section prescribes the performance requirements for glide path
equipment components of the ISMLS. These requirements are based on the
assumption that the aircraft is heading directly toward the facility.
(a) The glide slope antenna system must be located near the approach
end of the runway, and the equipment must be adjusted so that the
vertical path line will be in a sloping horizontal plane containing the
centerline of the runway being served, and satisfy the coverage
requirements prescribed in paragraph (g) of this section. For the
purpose of obstacle clearance, location of the glide slope antenna
system must be in accordance with the criteria specified in subpart C of
part 97 of this chapter.
(b) The radiation from the glide path antenna system must produce a
composite field pattern which is pulse duration modulated by a 90 Hz and
a 150 Hz tone, which is the time average equivalent to amplitude
modulation. The pattern must be arranged to provide a straight line
descent path in the vertical plane containing the centerline of the
runway, with the 150 Hz tone predominating below the path and the 90 Hz
tone predominating above the path to at least an angle equal to 1.75 .
As used in this section theta ( ), denotes the nominal glide path angle.
The glide path angle must be adjusted and maintained within 0.075 .
(c) The glide path equipment must be capable of producing a radiated
glide path from 3 to 9 degrees with respect to the horizontal. However,
ISMLS glide path angles in excess of 3 degrees may be used to satisfy
instrument approach procedures or to overcome an obstruction clearance
problem, only in accordance with the criteria specified in subpart C of
part 97 of this chapter.
(d) The downward extended straight portion of the ISMLS glide path
must pass through the ISMLS reference datum at a height ensuring safe
guidance over obstructions and safe and efficient use of the runway
served. The height of the ISMLS reference datum must be in accordance
with subpart C of part 97 of this chapter.
(e) The glide path equipment must operate in the band 5220 MHz to
5250 MHz. The frequency tolerance may not exceed 0.0001 percent.
(f) The emission from the glide path equipment must be vertically
polarized.
(g) The glide path equipment must provide signals sufficient to allow
satisfactory operation of a typical aircraft installation insectors of 8
degrees on each side of the centerline of the ISMLS glide path, to a
distance of at least 10 nautical miles up to 1.75 and down to 0.45
above the horizontal or to such lower angle at which 0.22 DDM is
realized.
(h) To provide the coverage for glide path performance specified in
paragraph (g) of this section, the minimum peak field strength within
this coverage sector must be ^82 dBW/m2. The peak field strength must
be provided on the glide path down to a height of 30 meters (100 feet)
above the horizontal plane containing the threshold.
(i) Bends in the glide path may not have amplitudes which exceed the
following:
The amplitude referred to is the DDM due to bends as realized on the
mean ISMLS glide path correctly adjusted. In regions of the approach
where ISMLS glide path curvature is significant, bend amplitude is
calculated from the mean curved path, and not the downward extended
straight line.
(j) Guidance modulation must be impressed on the microwave carrier of
the radiated glide slope signal in the form of a unique summation of 90
Hz and 150 Hz sinusoidal modulation corresponding to the point direction
of the particular beam which radiates the signal. Each of the effective
beam positions must be illuminated in sequence for a short time
interval. The scan rate must be synchronous with the 90 and 150 Hz tone
base. The modulation impressed on each beam must be a sample of the
combined 90 Hz and 150 Hz waveform appropriate for that particular beam
direction and time slot. The actual modulation must be accomplished by
appropriately varying the length of time the carrier is radiated during
each beam illumination interval.
(k) The nominal depth of modulation of the radio frequency carrier
due to each of the 90 Hz and 150 Hz tones must be 40 percent along the
ISMLS glide path. The depth of modulation may not deviate outside the
limits of 37.5 percent to 42.5 percent.
(l) The following tolerances apply to the frequencies of the
modulating tones:
(1) The modulating tones must be 90 Hz and 150 Hz within 2.5 percent.
(2) The total harmonic content of the 90 Hz tone may not exceed 10
percent.
(3) The total harmonic content of the 150 Hz tone may not exceed 10
percent.
(m) At every half cycle of the combined 90 Hz and 150 Hz wave form,
the modulation must be phase-locked so that, within the ISMLS half glide
path sector, the demodulated 90 Hz and 150 Hz wave forms pass through
zero in the same direction within 20 degrees of phase relative to the
150 Hz component. However, the phase need not be measured within the
ISMLS half glide path sector.
(n) The nominal angular displacement sensitivity must correspond to a
DDM of 0.0875 at an angular displacement above and below the glide path
of 0.12 . The glide path angular displacement sensitivity must be
adjusted and maintained within 25 percent of the nominal value
selected. The upper and lower sectors must be as symmetrical as
practicable within the limits prescribed in this paragraph.
(o) The DDM below the ISMLS glide path must increase smoothly for
decreasing angle until a value of 0.22 DDM is reached. This value must
be achieved at an angle not less than 0.30 above the horizontal.
However, if it is achieved at an angle above 0.45 , the DDM value may
not be less than 0.22 at least down to an angle of 0.45 .
(Doc. No. 14120, 40 FR 36110, Aug. 19, 1975; 40 FR 41093, Sept. 5,
1975; 40 FR 43719, Sept. 23, 1975)
14 CFR 171.267 Glide path automatic monitor system.
(a) The ISMLS glide path equipment must provide an automatic monitor
system that transmits a warning to designated local and remote control
points when any of the following occurs:
(1) A shift of the mean ISMLS glide path angle equivalent to more
than 0.075 .
(2) For glide paths in which the basic functions are provided by the
use of a single frequency system, a reduction of power output to less
than 50 percent.
(3) A change of the angle between the glide path and the line below
the glide path (150 Hz predominating), at which a DDM of 0.0875 is
realized by more than 0.0375 .
(4) Lowering of the line beneath the ISMLS glide path at which a DDM
of 0.0875 is realized to less than 0.75 from the horizontal.
(5) Failure of any part of the monitor itself. Such failure must
automatically produce the same results as the malfunctioning of the
element being monitored.
(b) At glide path facilities where the selected nominal angular
displacement sensitivity corresponds to an angle below the ISMLS glide
path, which is close to or at the maximum limits specified, an
adjustment to the monitor operating limits may be made to protect
against sector deviations below 0.75 from the horizontal.
(c) Within 10 seconds of the occurrence of any of the conditions
prescribed in paragraph (a) of this section, including periods of zero
radiation, glide path signal radiation must cease.
14 CFR 171.269 Marker beacon performance requirements.
ISMLS marker beacon equipment must meet the performance requirements
prescribed in subpart H of this part.
14 CFR 171.271 Installation requirements.
(a) The ISMLS facility must be permanent in nature, located,
constructed, and installed according to accepted good engineering
practices, applicable electric and safety codes, FCC licensing
requirements, and paragraphs (a) and (c) of 171.261.
(b) The ISMLS facility must have a reliable source of suitable
primary power, either from a power distribution system or locally
generated. Adequate power capacity must be provided for the operation
of test and working equipment of the ISMLS.
(c) The ISMLS facility must have a continuously engaged or floating
battery power source for the ground station for continued normal
operation if the primary power fails. A trickle charge must be supplied
to recharge the batteries during the period of available primary power.
Upon loss and subsequent restoration of power, the batteries must be
restored to full charge within 24 hours. When primary power is applied,
the state of the battery charge may not affect the operation of the
ISMLS ground station. The battery must permit continuation of normal
operation for at least two hours under the normal operating conditions.
The equipment must meet all specification requirements with or without
batteries installed.
(d) There must be a means for determining, from the ground, the
performance of the equipment including antennae, both initially and
periodically.
(e) The facility must have, or be supplemented by, ground-air or
landline communications services. At facilities within or immediately
adjacent to air traffic control areas, and that are intended for use as
instrument approach aids for an airport, there must be ground-air
communications or reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communication facility.
Compliance with this paragraph need not be shown at airports where an
adjacent Federal Aviation Administration facility can communicate with
aircraft on the ground at the airport and during the entire proposed
instrument approach procedure. In addition, at low traffic density
airports within or immediately adjacent to air traffic control zones or
areas, and where extensive delays are not a factor, the requirements of
this paragraph may be reduced to reliable communications (at least a
landline telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communications facility, if an
adjacent Federal Aviation Administration facility can communicate with
aircraft during the proposed instrument approach procedure, at least
down to the minimum en route altitude for the controlled area.
(f) Except where no operationally harmful interference will result,
at locations where two separate ISMLS facilities serve opposite ends of
a single runway, an interlock must ensure that only the facility serving
the approach direction in use can radiate.
(Doc. No. 14120, 40 FR 36110, Aug. 19, 1975, as amended by Amdt.
171-16, 56 FR 65665, Dec. 17, 1991)
Effective Date Note: At 56 FR 65665, Dec. 17, 1991, 171.271 was
amended by revising paragraph (e), effective September 16, 1993. For
the convenience of the user, the revised text follows:
171.271 Installation requirements.
(e) The facility must have, or be supplemented by, ground-air or
landline communications services. At facilities within or immediately
adjacent to controlled airspace and that are intended for use as
instrument approach aids for an airport, there must be ground-air
communications or reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communication facility.
Compliance with this paragraph need not be shown at airports where an
adjacent Federal Aviation Administration facility can communicate with
aircraft on the ground at the airport and during the entire proposed
instrument approach procedure. In addition, at low traffic density
airports within or immediately adjacent to controlled airspace, and
where extensive delays are not a factor, the requirements of this
paragraph may be reduced to reliable communications (at least a landline
telephone) from the airport to the nearest Federal Aviation
Administration air traffic control or communications facility, if an
adjacent Federal Aviation Administration facility can communicate with
aircraft during the proposed instrument approach procedure, at least
down to the minimum en route altitude for the controlled area.
14 CFR 171.273 Maintenance and operations requirements.
(a) The owner of the facility must establish an adequate maintenance
system and provide qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility must meet at least the Federal
Communications Commission's licensing requirements and show that he has
the special knowledge and skills needed to maintain the facility,
including proficiency in maintenance procedures and the use of
specialized test equipment.
(b) In the event of out-of-tolerance conditions or malfunctions, as
evidenced by receiving two successive pilot reports, the owner must
close the facility be ceasing radiation, and issue a ''Notice to
Airman'' (NOTAM) that the facility is out of service.
(c) The owner must prepare, and obtain approval of, an operations and
maintenance manual that sets forth mandatory procedures for operations,
periodic maintenance, and emergency maintenance, including instructions
on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons.
(3) FCC licensing requirements for operations and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relation between the facility and FAA air traffic control
facilities, with a description of the boundaries of controlled airspace
over or near the facility, instructions for relaying air traffic control
instructions and information, if applicable, and instructions for the
operation of an air traffic advisory service if the facility is located
outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of FAA manuals by reference.
(9) Keeping of station logs and other technical reports, and the
submission of reports required by 171.275.
(10) Monitoring of the ISMLS facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for periodic maintenance and issue of ''Notices to
Airmen'' for routine or emergency shutdowns.
(14) Commissioning of the ISMLS facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction
or grading) in the vicinity of the ISMLS facility that may require
shutdown or recertification of the ISMLS facility by FAA flight check.
(17) Procedures for conducting a ground check of the localizer course
alignment, width, and clearance, glide path elevation angle and course
width, and marker beacon power, and modulation.
(18) The following information concerning the ISMLS facility:
(i) Facility component locations with respect to airport layout,
instrument runways, and similar areas.
(ii) The type, make, and model of the basic radio equipment that
provides the service.
(iii) The station power emission and frequencies of the ISMLS
localizer, glide path, beacon markers, and associated compass locators,
if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station
identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without an FAA flight check to confirm published
operations.
(d) The owner or his maintenance representative must make a ground
check of the ISMLS facility periodically in accordance with procedures
approved by the FAA at the time of commissioning, and must report the
results of the checks as provided in 171.275.
(e) Modifications to an ISMLS facility may be made only after
approval by the FAA of the proposed modification submitted by the owner.
(f) The owner or the owner's maintenance representative must
participate in inspections made by the FAA.
(g) Whenever it is required by the FAA, the owner must incorporate
improvements in ISMLS maintenance.
(h) The owner or his maintenance representative must provide a
sufficient stock of spare parts, including solid state components, or
modules to make possible the prompt replacement of components or modules
that fail or deteriorate in service.
(i) FAA approved test instruments must be used for maintenance of the
ISMLS facility.
(j) The mean corrective maintenance time of the ISMLS equipment may
not exceed 0.5 hours, with a maximum corrective maintenance time of not
greater than 1.5 hours. This measure applies to failures of the monitor,
transmitter and associated antenna assemblies, limited to unscheduled
outage and out-of-tolerance conditions.
(k) The mean time between failures of the ISMLS equipment may not be
less than 1,500 hours. This measure applies to unscheduled outages,
out-of-tolerance conditions, and failures of the monitor, transmitter,
and associated antenna assemblies.
(l) Inspection consists of an examination of the ISMLS equipment to
ensure that unsafe operating conditions do not exist.
(m) Monitoring of the ISMLS radiated signal must ensure a high degree
of integrity and minimize the requirements for ground and flight
inspection. The monitor must be checked periodically during the
in-service test evaluation period for calibration and stability. These
tests and ground checks of glide slope, localizer, and marker beacon
radiation characteristics must be conducted in accordance with the
maintenance requirements of this section.
14 CFR 171.275 Reports.
The owner of the ISMLS facility or his maintenance representative
must make the following reports at the indicated time to the appropriate
FAA Regional Office where the facility is located.
(a) Facility Equipment Performance and Adjustment Data (FAA Form
198). The FAA Form 198 shall be filled out by the owner or his
maintenance representative with the equipment adjustments and meter
readings as of the time of facility commissioning. One copy must be
kept in the permanent records of the facility and two copies must be
sent to the appropriate FAA Regional Office. The owner or his
maintenance representative must revise the FAA Form 198 data after any
major repair, modernization, or retuning to reflect an accurate record
of facility operation and adjustment. In the event the data are
revised, the owner or his maintenance representative shall notify the
appropriate FAA Regional Office of such revisions, and forward copies of
the revisions to the appropriate FAA Regional Office.
(b) Facility Maintenance Log (FAAForm 6030 -- 1). FAA Form 6030-1 is
a permanent record of all the activities required to maintain the ISMLS
facility. The entries must include all malfunctions met in maintaining
the facility including information on the kind of work and adjustments
made, equipment failures, causes (if determined) and corrective action
taken. In addition, the entries must include completion of periodic
maintenance required to maintain the facility. The owner or his
maintenance representative must keep the original of each form at the
facility and send a copy to the appropriate FAA Regional Office at the
end of each month in which it is prepared. However, where an FAA
approved remote monitoring system is installed which precludes the need
for periodic maintenance visits to the facility, monthly reports from
the remote monitoring system control point must be forwarded to the
appropriate FAA Regional Office, and a hard copy retained at the control
point.
(c) Technical Performance Record (FAA Form 418). FAA Form 418
contains a record of system parameters, recorded on each scheduled visit
to the facility. The owner or his maintenance representative shall keep
the original of each month's record at the facility and send a copy of
the form to the appropriate FAA Regional Office.
14 CFR 171.275 Subpart J -- Microwave Landing System (MLS)
Source: Docket No. 20669, 51 FR 33177, Sept. 18, 1986, unless
otherwise noted.
14 CFR 171.301 Scope.
This subpart sets forth minimum requirements for the approval,
installation, operation and maintenance of non-Federal Microwave Landing
System (MLS) facilities that provide the basis for instrument flight
rules (IFR) and air traffic control procedures.
14 CFR 171.303 Definitions.
As used in this subpart:
Auxiliary data means data transmitted in addition to basic data that
provide ground equipment siting information for use in refining airborne
position calculations and other supplementary information.
Basic data means data transmitted by the ground equipment that are
associated directly with the operation of the landing guidance system.
Beam center means the midpoint between the -3 dB points on the
leading and trailing edges of the scanning beam main lobe.
Beamwidth means the width of the scanning beam main lobe measured at
the -3 dB points and defined in angular units on the boresight, in the
horizontal plane for the azimuth function and in the vertical plane for
the elevation function.
Clearance guidance sector means the volume of airspace, inside the
coverage sector, within which the azimuth guidance information provided
is not proportional to the angular displacement of the aircraft, but is
a constant fly-left or fly-right indication of the direction relative to
the approach course the aircraft should proceed in order to enter the
proportional guidance sector.
Control Motion Noise (CMN) means those fluctuations in the guidance
which affect aircraft attitude, control surface motion, column motion,
and wheel motion. Control motion noise is evaluated by filtering the
flight error record with a band-pass filter which has corner frequencies
at 0.3 radian/sec and 10 radians/sec for azimuth data and 0.5 radian/sec
and 10 radians/sec for elevation data.
Data rate means the average number of times per second that
transmissions occur for a given function.
Differential Phase Shift Keying (DPSK) means differential phase
modulation of the radio frequency carrier with relative phase states of
0 degree or 180 degrees.
Failure means the inability of an item to perform within previously
specified limits.
Guard time means an unused period of time provided in the transmitted
signal format to allow for equipment tolerances.
Integrity means that quality which relates to the trust which can be
placed in the correctness of the information supplied by the facility.
Mean corrective time means the average time required to correct an
equipment failure over a given period, after a service technician
reaches the facility.
Mean course error means the mean value of the azimuth error along a
specified radial of the azimuth function.
Mean glide path error means the mean value of the elevation error
along a specified glidepath of the elevation function.
Mean-time-between-failures (MTBF) means the average time between
equipment failures over a given period.
Microwave Landing System (MLS) means the MLS selected by ICAO for
international standardization.
Minimum glidepath means the lowest angle of descent along the zero
degree azimuth that is consistent with published approach procedures and
obstacle clearance criteria.
MLS Approach Reference Datum is a point at a specified height located
vertically above the intersection of the runway centerline and the
threshold.
MLS back azimuth reference datum means a point 15 meters (50 feet)
above the runway centerline at the runway midpoint.
MLS datum point means a point defined by the intersection of the
runway centerline with a vertical plane perpendicular to the centerline
and passing through the elevation antenna phase center.
Out of coverage indication (OCI) means a signal radiated into areas
outside the intended coverage sector, where required, to specifically
prevent invalid removal of an airborne warning indication in the
presence of misleading guidance information.
Path Following Error (PFE) means the guidance perturbations which
could cause aircraft displacement from the desired course or glidepath.
It is composed of the path following noise and of the mean course error
in the case of azimuth functions, or the mean glidepath error in the
case of elevation functions. Path following errors are evaluated by
filtering the flight error record with a second order low pass filter
which has a corner frequency at 0.5 radian/sec for azimuth data or 1.5
radians/sec for elevation data.
Path following noise (PFN) means that portion of the guidance signal
error which could cause displacement from the actual mean course line or
mean glidepath as appropriate.
Split-site ground station means the type of ground station in which
the azimuth portion of the ground station is located near the stop end
of the runway, and the elevation portion is located near the approach
end.
Time division multiplex (TDM) means that each function is transmitted
on the same frequency in time sequence, with a distinct preamble
preceding each function transmission.
14 CFR 171.305 Requests for IFR procedure.
(a) Each person who requests an IFR procedure based on an MLS
facility which that person owns must submit the following information
with that request:
(1) A description of the facility and evidence that the equipment
meets the performance requirements of 171.309, 171.311, 171.313,
171.315, 171.317, 171.319, and 171.321 and is fabricated and installed
in accordance with 171.323.
(2) A proposed procedure for operating the facility.
(3) A proposed maintenance organization and a maintenance manual that
meets the requirements of 171.325.
(4) A statement of intent to meet the requirements of this subpart.
(5) A showing that the facility has an acceptable level of
operational reliability and an acceptable standard of performance.
Previous equivalent operational experience with a facility with
identical design and operational characteristics will be considered in
showing compliance with this subparagraph.
(b) FAA inspects and evaluates the MLS facility; it advises the
owner of the results, and of any required changes in the MLS facility or
in the maintenance manual or maintenance organization. The owner must
then correct the deficiencies, if any, and operate the MLS facility for
an in-service evaluation by the FAA.
14 CFR 171.307 Minimum requirements for approval.
(a) The following are the minimum requirements that must be met
before the FAA approves an IFR procedure for a non-Federal MLS facility:
(1) The performance of the MLS facility, as determined by flight and
ground inspection conducted by the FAA, must meet the requirements of
171.309, 171.311, 171.313, 171.315, 171.317, 171.319, and 171.321.
(2) The fabrication and installation of the equipment must meet the
requirements of 171.323.
(3) The owner must agree to operate and maintain the MLS facility in
accordance with 171.325.
(4) The owner must agree to furnish operational records as set forth
in 171.327 and agree to allow the FAA to inspect the facility and its
operation whenever necessary.
(5) The owner must assure the FAA that he will not withdraw the MLS
facility from service without the permission of the FAA.
(6) The owner must bear all costs of meeting the requirements of this
section and of any flight or ground inspection made before the MLS
facility is commissioned.
(b) (Reserved)
14 CFR 171.309 General requirements.
The MLS is a precision approach and landing guidance system which
provides position information and various ground-to-air data. The
position information is provided in a wide coverage sector and is
determined by an azimuth angle measurement, an elevation angle
measurement and a range (distance) measurement.
(a) An MLS constructed to meet the requirements of this subpart must
include:
(1) Approach azimuth equipment, associated monitor, remote control
and indicator equipment.
(2) Approach elevation equipment, associated monitor, remote control
and indicator equipment.
(3) A means for the encoding and transmission of essential data
words, associated monitor, remote control and indicator equipment.
Essential data are basic data words 1, 2, 3, 4, and 6 and auxiliary data
words A1, A2 and A3.
(4) Distance measuring equipment (DME), associated monitor, remote
control and indicator equipment.
(5) Remote controls for paragraphs (a) (1), (2), (3), and (4) of this
section must include as a minimum on/off and reset capabilities and may
be integrated in the same equipment.
(6) At locations where a VHF marker beacon (75 MHz) is already
installed, it may be used in lieu of the DME equipment.
(b) In addition to the equipment required in paragraph (a) of this
section the MLS may include:
(1) Back azimuth equipment, associated monitor, remote control and
indicator equipment. When Back Azimuth is provided, a means for
transmission of Basic Data Word 5 and Auxiliary Data Word A4 shall also
be provided.
(2) A wider proportional guidance sector which exceeds the minimum
specified in 171.313 and 171.317.
(3) Precision DME, associated monitor, remote control and indicator
equipment.
(4) VHF marker beacon (75 MHz), associated monitor, remote control
and indicator equipment.
(5) The MLS signal format will accommodate additional functions
(e.g., flare elevation) which may be included as desired. Remote
controls for paragraphs (b) (1), (3) and (4) of this section must
include as a minimum on/off and reset capabilities, and may be
integrated in the same equipment.
(6) Provisions for the encoding and transmission of additional
auxiliary data words, associated monitor, remote control and indicator
equipment.
(c) MLS ground equipment must be designed to operate on a nominal
120/240 volt, 60 Hz, 3-wire single phase AC power source and must meet
the following service conditions:
(1) AC line parameters, DC voltage, elevation and duty:
120 VAC nominal value -- 102 V to 138 V ( 1 V)*
240 VAC nominal value -- 204 V to 276 V ( 2 V)*
60 Hz AC line frequency -- 57 Hz to 63 Hz ( 0.2 Hz)*
*Note: Where discrete values of the above frequency or voltages are
specified for testing purposes, the tolerances given in parentheses
indicated by an asterisk apply to the test instruments used to measure
these parameters.
Elevation -- 0 to 3000 meters (10,000 feet) above sea level
Duty -- Continuous, unattended
(2) Ambient conditions within the shelter for electronic equipment
installed in shelters are:
Temperature, ^10 C to +50 C
Relative humidity, 5% to 90%
(3) Ambient conditions for electronic equipment and all other
equipment installed outdoors (for example, antenna, field detectors, and
shelters):
Temperature, ^50 C to +70 C
Relative humidity, 5% to 100%
(4) All equipment installed outdoors must operate satisfactorily
under the following conditions:
Wind Velocity: The ground equipment shall remain within monitor
limits with wind velocities of up to 70 knots from such directions that
the velocity component perpendicular to runway centerline does not
exceed 35 knots. The ground equipment shall withstand winds up to 100
knots from any direction without damage.
Hail Stones: 1.25 centimeters ( 1/2 inch) diameter.
Rain: Provide required coverage with rain falling at a rate of 50
millimeters (2 inches) per hour, through a distance of 9 kilometers (5
nautical miles) and with rain falling at the rate of 25 millimeters (1
inch) per hour for the additional 28 kilometers (15 nautical miles).
Ice Loading: Encased in 1.25 centimeters ( 1/2 inch) radial
thickness of clear ice.
Antenna Radome De-Icing: Down to ^6 C (20 F) and wind up to 35
knots.
(d) The transmitter frequencies of an MLS must be in accordance with
the frequency plan approved by the FAA.
(e) The DME component listed in paragraph (a)(4) of this section must
comply with the minimum standard performance requirements specified in
subpart G of this part.
(f) The marker beacon components listed in paragraph (b)(4) of this
section must comply with the minimum standard performance requirements
specified in subpart H of this part.
14 CFR 171.311 Signal format requirements.
The signals radiated by the MLS must conform to the signal format in
which angle guidance functions and data functions are transmitted
sequentially on the same C-band frequency. Each function is identified
by a unique digital code which initializes the airborne receiver for
proper processing. The signal format must meet the following minimum
requirements:
(a) Frequency assignment. The ground components (except DME/Marker
Beacon) must operate on a single frequency assignment or channel, using
time division multiplexing. These components must be capable of
operating on any one of the 200 channels spaced 300 KHz apart with
center frequencies from 5031.0 MHz to 5090.7 MHz and with channel
numbering as shown in Table 1a. The operating radio frequencies of all
ground components must not vary by more than 10 KHz from the assigned
frequency. Any one transmitter frequency must not vary more than 50 Hz
in any one second period. The MLS angle/data and DME equipment must
operate on one of the paired channels as shown in Table 1b.
(b) Polarization. (1) The radio frequency emissions from all ground
equipment must be nominally vertically polarized. Any horizontally
polarized radio frequency emission component from the ground equipment
must not have incorrectly coded angle information such that the limits
specified in paragraphs (b) (2) and (3) of this section are exceeded.
(2) Rotation of the receiving antenna thirty degrees from the
vertically polarized position must not cause the path following error to
exceed the allowed error at that location.
(c) Modulation requirements. Each function transmitter must be
capable of DPSK and continuous wave (CW) modulations of the RF carrier
which have the following characteristics.
(1) DPSK. The DPSK signal must have the following characteristics:
The phase shall advance (or retard) monotonically throughout the
transition region. Amplitude modulation during the phase transition
period shall not be used.
14 CFR 171.311
(2) CW. The CW pulse transmissions and the CW angle transmissions as
may be required in the signal format of any function must have
characteristics such that the requirements of paragraph (d) of this
section are met.
(d) Radio frequency signal spectrum. The transmitted signal must be
such that during the transmission time, the mean power density above a
height of 600 meters (2000 feet) does not exceed ^100.5 dBW/m2 for angle
guidance and ^95.5 dBW/m2 for data, as measured in a 150 KHz bandwidth
centered at a frequency of 840 KHz or more from the assigned frequency.
(e) Synchronization. Synchronization between the azimuth and
elevation components is required and, in split-site configurations,
would normally be accomplished by landline interconnections.
Synchronization monitoring must be provided to preclude function
overlap.
(f) Transmission rates. Angle guidance and data signals must be
transmitted at the following average repetition rates:
(g) Transmission sequences. Sequences of angle transmissions which
will generate the required repetition rates are shown in Figures 2 and
3.
Insert illus. 036
Insert illus. 037
(h) TDM cycle. The time periods between angle transmission sequences
must be varied so that exact repetitions do not occur within periods of
less than 0.5 second in order to protect against synchronous
interference. One such combination of sequences is shown in Figure 4
which forms a full multiplex cycle. Data may be transmitted during
suitable open times within or between the sequences.
(i) Function Formats (General). Each angle function must contain the
following elements: a preamble; sector signals; and a TO and FRO
angle scan organized as shown in Figure 5a. Each data function must
contain a preamble and a data transmission period organized as shown in
Figure 5b.
(1) Preamble format. The transmitted angle and date functions must
use the preamble format shown in Figure 6. This format consists of a
carrier acquisition period of unmodulated CW transmission followed by a
receiver synchronization code and a function identification code. The
preamble timing must be in accordance with Table 2.
(i) Digital codes. The coding used in the preamble for receiver
synchronization is a Barker code logic 11101. The time of the last
phase transition midpoint in the code shall be the receiver reference
time (see Table 2). The function identification codes must be as shown
in Table 3. The last two bits (I11 and I12) of the code are parity bits
obeying the equations:
I6+I7+I8+I9+I10+I11=Even
I6+I8+I10+I12=Even
(ii) Data modulation. The digital code portions of the preamble must
be DPSK modulated in accordance with 171.311(c)(1) and must be
transmitted throughout the function coverage volume.
(2) Angle function formats. The timing of the angle transmissions
must be in accordance with Tables 4a, 4b, and 5. The actual timing of
the TO and FRO scans must be as required to meet the accuracy
requirements of 171.313 and 171.317.
(i) Preamble. Must be in accordance with requirements of
171.311(i)(1).
(ii) Sector signals. In all azimuth formats, sector signals must be
transmitted to provide Morse Code identification, airborne antenna
selection, and system test signals. These signals are not required in
the elevation formats. In addition, if the signal from an installed
ground component results in a valid indication in an area where no valid
guidance should exist, OCI signals must be radiated as provided for in
the signal format (see Tables 4a, 4b, and 5). The sector signals are
defined as follows:
(A) Morse Code. DPSK transmissions that will permit Morse Code
facility identification in the aircraft by a four letter code starting
with the letter ''M'' must be included in all azimuth functions. They
must be transmitted and repeated at approximately equal intervals, not
less than six times per minute, during which time the ground subsystem
is available for operational use. When the transmissions of the ground
subsystem are not available, the identification signal must be
suppressed. The audible tone in the aircraft is started by setting the
Morse Code bit to logic ''1'' and stopped by a logic ''0'' (see Tables
4a and 4b). The identification code characteristics must conform to the
following: the dot must be between 0.13 and 0.16 second in duration,
and the dash between 0.39 and 0.48 second. The duration between dots
and/or dashes must be one dot plus or minus 10%. The duration between
characters (letters) must not be less than three dots. When back
azimuth is provided, the code shall be transmitted by the approach
azimuth and back azimuth within plus or minus 0.08 seconds.
(B) Airborne antenna selection. A signal for airborne antenna
selection shall be transmitted as a ''zero'' DPSK signal lasting for a
six-bit period (see Tables 4a and 4b).
(C) OCI. Where OCI pulses are used, they must be: (1) greater than
any guidance signal in the OCI sector; (2) at least 5 dB less than the
level of the scanning beam within the proportional guidance sector; and
(3) for azimuth functions with clearance signals, at least 5 dB less
than the level of the left (right) clearance pulses within the left
(right) clearance sector.
The duration of each pulse measured at the half amplitude point shall
be at least 100 microseconds, and the rise and fall times shall be less
then 10 microseconds. It shall be permissible to sequentially transmit
two pulses in each out-of-coverage indication time slot. Where pulse
pairs are used, the duration of each pulse shall be at least 50
microseconds, and the rise and fall times shall be less then 10
microseconds. The transmission of out-of-coverage indication pulses
radiated from antennas with overlapping coverage patterns shall be
separated by at least 10 microseconds.
Note: If desired, two pulses may be sequentially transmitted in each
OCI time slot. Where pulse pairs are used, the duration of each pulse
must be 45 ( 5) microseconds and the rise and fall times must be less
than 10 microseconds.
(D) System test. Time slots are provided in Tables 4a and 4b to
allow radiation of TO and FRO test pulses. However, radiation of these
pulses is not required since the characteristics of these pulses have
not yet been standardized.
(iii) Angle encoding. The encoding must be as follows:
(A) General. Azimuth and elevation angles are encoded by scanning a
narrow beam between the limits of the proportional coverage sector first
in one direction (the TO scan) and then in the opposite direction (the
FRO scan). Angular information must be encoded by the amount of time
separation between the beam centers of the TO and FRO scanning beam
pulses. The TO and FRO transmissions must be symmetrically disposed
about the midscan point listed in Tables 4a, 4b, 5, and 7. The midscan
point and the center of the time interval between the TO and FRO scan
transmissions must coincide with a tolerance of 10 microseconds.
Angular coding must be linear with angle and properly decoded using the
formula:
where:
u=Receiver angle in degrees.
V=Scan velocity in degrees per microsecond.
T0=Time separation in microseconds between TO and FRO beam centers
corresponding to zero degrees.
t=Time separation in microseconds between TO and FRO beam centers.
The timing requirements are listed in Table 6 and illustrated in
Figure 7.
14 CFR 171.311
(B) Azimuth angle encoding. Each guidance angle transmitted must
consist of a clockwise TO scan followed by a counterclockwise FRO scan
as viewed from above the antenna. For approach azimuth functions,
increasing angle values must be in the direction of the TO scan; for
the back azimuth function, increasing angle values must be in the
direction of the FRO scan. The antenna has a narrow beam in the plane
of the scan direction and a broad beam in the orthogonal plane which
fills the vertical coverage.
(C) Elevation angle encoding. The radiation from elevation equipment
must produce a beam which scans from the horizon up to the highest
elevation angle and then scans back down to the horizon. The antenna
has a narrow beam in the plane of the scan direction and a broad beam in
the orthogonal plane which fills the horizontal coverage. Elevation
angles are defined from the horizontal plane containing the antenna
phase center; positive angles are above the horizontal and zero angle
is along the horizontal.
(iv) Clearance guidance. The timing of the clearance pulses must be
in accordance with Figure 8. For azimuth elements with proportional
coverage of less than 40 degrees ( 20 degrees for back azimuth),
clearance guidance information must be provided by transmitting pulses
in a TO and FRO format adjacent to the stop/start times of the scanning
beam signal. The fly-right clearance pulses must represent positive
angles and the fly-left clearance pulses must represent negative angles.
The duration of each clearance pulse must be 50 microseconds with a
tolerance of 5 microseconds. The transmitter switching time between
the clearance pulses and the scanning beam transmissions must not exceed
10 microseconds. The rise time at the edge of each clearance pulse must
be less than 10 microseconds. Within the fly-right clearance guidance
section, the fly-right clearance guidance signal shall exceed scanning
beam antenna sidelobes and other guidance and OCI signals by at least 5
dB; within the fly-left clearance guidance sector, the fly left
clearance guidance signal shall exceed scanning beam antenna sidelobes
and all other guidance and OCI signals by at least 5 dB; within the
proportional guidance sector, the clearance guidance signals shall be at
least 5dB below the proportional guidance signal. Optionally, clearance
guidance may be provided by scanning throughout the approach guidance
sector. For angles outside the approach azimuth proportional coverage
limits as set in Basic Data Word One (Basic Data Word 5 for back
azimuth), proper decode and display of clearance guidance must occur to
the limits of the guidance region. Where used, clearance pulses shall
be transmitted adjacent to the scanning beam signals at the edges of
proportional coverage as shown in Figure 8. The proportional coverage
boundary shall be established at one beamwidth inside the scan
start/stop angles, such that the transition between scanning beam and
clearance signals occurs outside the proportional coverage sector. When
clearance pulses are provided in conjunction with a narrow beamwidth
(e.g., one degree) scanning antenna, the scanning beam antenna shall
radiate for 15 microseconds while stationary at the scan start/stop
angles.
(3) Data function format. Basic data words provide equipment
characteristics and certain siting information. Basic data words must
be transmitted from an antenna located at the approach azimuth or back
azimuth site which provides coverage throughout the appropriate sector.
Data function timing must be in accordance with Table 7a.
(i) Preamble. Must be in accordance with requirements of
171.311(i)(1).
(ii) Data transmissions. Basic data must be transmitted using DPSK
modulation. The content and repetition rate of each basic data word
must be in accordance with Table 8a. For data containing digital
information, binary number 1 must represent the lower range limit with
increments in binary steps to the upper range limit shown in Table 8a.
Data containing digital information shall be transmitted with the least
significant bit first.
(j) Basic Data word requirements. Basic Data shall consist of the
items specified in Table 8a. Basic Data word contents shall be defined
as follows:
(1) Approach azimuth to threshold distance shall represent the
minimum distance between the Approach Azimuth antenna phase center and
the vertical plane perpendicular to the centerline which contains the
landing threshold.
(2) Approach azimuth proportional coverage limit shall represent the
limit of the sector in which proportional approach azimuth guidance is
transmitted.
(3) Clearance signal type shall represent the type of clearance when
used. Pulse clearance is that which is in accordance with 171.311 (i)
(2) (iv). Scanning Beam (SB) clearance indicates that the proportional
guidance sector is limited by the proportional coverage limits set in
basic data.
Insert illus. 056
(4) Minimum glidepath the lowest angle of descent along the zero
degree azimuth that is consistent with published approach procedures and
obstacle clearance criteria.
(5) Back azimuth status shall represent the operational status of the
Back Azimuth equipment.
(6) DME status shall represent the operational status of the DME
equipment.
(7) Approach azimuth status shall represent the operational status of
the approach azimuth equipment.
(8) Approach elevation status shall represent the operational status
of the approach elevation equipment.
(9) Beamwidth the width of the scanning beam main lobe measured at
the -3 dB points and defined in angular units on the antenna boresight,
in the horizontal plane for the azimuth function and in the vertical
plane for the elevation function.
(10) DME distance shall represent the minimum distance between the
DME antenna phase center and the vertical plane perpendicular to the
runway centerline which contains the MLS datum point.
(11) Approach azimuth magnetic orientation shall represent the angle
measured in the horizontal plane clockwise from Magnetic North to the
zero-degree angle guidance radial originating from the approach azimuth
antenna phase center. The vertex of the measured angle shall be at the
approach azimuth antenna phase center.
Note: For example, this data item would be encoded 090 for an
approach azimuth antenna serving runway 27 (assuming the magnetic
heading is 270 degrees) when sited such that the zero degree radial is
parallel to centerline.
(12) Back azimuth magnetic orientation shall represent the angle
measured in the horizontal plane clockwise from Magnetic North to the
zero-degree angle guidance radial originating from the Back Azimuth
antenna. The vertex of the measured angle shall be at the Back Azimuth
antenna phase center.
Note: For example, this data item would be encoded 270 for a Back
Azimuth Antenna serving runway 27 (assuming the magnetic heading is 270
degrees) when sited such that the zero degree radial is parallel to
centerline.
(13) Back azimuth proportional coverage limit shall represent the
limit of the sector in which proportional back azimuth guidance is
transmitted.
(14) MLS ground equipment identification shall represent the last
three characters of the system identification specified in
171.311(i)(2). The characters shall be encoded in accordance with
International Alphabet No. 5 (IA-5) using bits b1 through b6.
Note: Bit b7 of this code may be reconstructed in the airborne
receiver by taking the complement of bit b6.
(k) Residual radiation. The residual radiation of a transmitter
associated with an MLS function during time intervals when it should not
be transmitting shall not adversely affect the reception of any other
function. The residual radiation of an MLS function at times when
another function is radiating shall be at least 70 dB below the level
provided when transmitting.
(l) Symmetrical scanning. The TO and FRO scan transmissions shall be
symmetrically disposed about the mid-scan point listed in Tables 4a, 4b
and 5. The mid-scan point and the center of the time interval between
the TO and FRO scan shall coincide with a tolerance of plus or minus 10
microseconds.
(m) Auxiliary data -- (1) Addresses. Three function identification
codes are reserved to indicate transmission of Auxiliary Data A,
Auxiliary Data B, and Auxiliary Data C. Auxiliary Data A contents are
specified below, Auxiliary Data B contents are reserved for future use,
and Auxiliary Data C contents are reserved for national use. The
address codes of the auxiliary data words shall be as shown in Table 8b.
(2) Organization and timing. The organization and timing of digital
auxiliary data must be as specified in Table 7b. Data containing
digital information must be transmitted with the least significant bit
first. Alphanumeric data characters must be encoded in accordance with
the 7-unit code character set as defined by the American National
Standard Code for Information Interchange (ASCII). An even parity bit
is added to each character. Alphanumeric data must be transmitted in
the order in which they are to be read. The serial transmission of a
character must be with the lower order bit transmitted first and the
parity bit transmitted last. The timing for alphanumeric auxiliary data
must be as shown in Table 7c.
(3) Auxiliary Data A content: The data items specified in Table 8c
are defined as follows:
(i) Approach azimuth antenna offset shall represent the minimum
distance between the Approach Azimuth antenna phase center and the
vertical plane containing the runway centerline.
(ii) Approach azimuth to MLS datum point distance shall represent the
minimum distance between the Approach Azimuth antenna phase center and
the vertical plane perpendicular to the centerline which contains the
MLS datum point.
(iii) Approach azimuth alignment with runway centerline shall
represent the minimum angle between the approach azimuth antenna
zero-degree guidance plane and the runway certerline.
(iv) Approach azimuth antenna coordinate system shall represent the
coordinate system (planar or conical) of the angle data transmitted by
the approach azimuth antenna.
(v) Approach elevation antenna offset shall represent the minimum
distance between the elevation antenna phase center and the vertical
plane containing the runway centerline.
(vi) MLS datum point to threshold distance shall represent the
distance measured along the runway centerline from the MLS datum point
to the runway threshold.
(vii) Approach elevation antenna height shall represent the height of
the elevation antenna phase center relative to the height of the MLS
datum point.
(viii) DME offset shall represent the minimum distance between the
DME antenna phase center and the vertical plane containing the runway
centerline.
(ix) DME to MLS datum point distance shall represent the minimum
distance between the DME antenna phase center and the vertical plane
perpendicular to the centerline which contains the MLS datum point.
(x) Back azimuth antenna offset shall represent the minimum distance
between the back azimuth antenna phase center and the vertical plane
containing the runway centerline.
(xi) Back azimuth to MLS datum point distance shall represent the
minimum distance between the Back Azimuth antenna and the vertical plane
perpendicular to the centerline which contains the MLS datum point.
(xii) Back azimuth antenna alignment with runway centerline shall
represent the minimum angle between the back azimuth antenna zero-degree
guidance plane and the runway centerline.
14 CFR 171.313Azimuth performance requirements.
This section prescribes the performance requirements for the azimuth
equipment of the MLS as follows:
(a) Approach azimuth coverage requirements. The approach azimuth
equipment must provide guidance information in at least the following
volume of space (see Figure 9):
Note 1: Parity bits I19 and I20 are chosen to satisfy the equations:
I13 + I14 + I15 + I16 + I17 + I18 + I19 = EVEN
I14 + I16 + I18 + I20 = EVEN
Note 1: Parity bits I70 to I76 are chosen to satisfy the equations
which follow:
For BIT I70:
Even = (I13 + ... + I18) + I20 + I22 + I24 + I25 + I28 + I29 +
I31 + I32 + I33 + I35 + I36 + I38 + I41 + I44 + I45 + I46 + I50 + (I52 +
... + I55) + I58 + I60 + I64 + I65 + I70
For BIT I71:
Even = (I14 + ... + I19) + I21 + I23 + I25 + I26 + I29 + I30 +
I32 + I33 + I34 + I36 + I37 + I39 + I42 + I45 + I46 + I47 + I51 + (I53 +
... + I56) + I59 + I61 + I65 + I66 + I71
For BIT I72:
Even = (I15 + ... + I20) + I22 + I24 + I26 + I27 + I30 + I31 +
I33 + I34 + I35 + I37 + I38 + I40 + I43 + I46 + I47 + I48 + I52 + (I54 +
... + I57) + I60 + I62 + I66 + I67 + I72
For BIT I73:
Even = (I16 + ... + I21) + I23 + I25 + I27 + I28 + I31 + I32 +
I34 + I35 + I36 + I38 + I39 + I41 + I44 + I47 + I48 + I49 + I53 + (I55 +
... + I58) + I61 + I63 + I67 + I68 + I73
For BIT I74:
Even = (I17 + ... + I22) + I24 + I26 + I28 + I29 + I32 + I33 +
I35 + I36 + I37 + I39 + I40 + I42 + I45 + I48 + I49 + I50 + I54 + (I56 +
... + I59) + I62 + I64 + I68 + I69 + I74
For BIT I75:
Even = (I13 + ... + I17) + I19 + I21 + I23 + I24 + I27 + I28 +
I30 + I31 + I32 + I34 + I35 + I37 + I40 + I43 + I44 + I45 + I49 + (I51 +
... + I54) + I57 + I59 + I63 + I64 + I69 + I75
For BIT I76:
Even = I13 + I14 + ... + I75 + I76
Note 2: Code for I56 is: 0 = conical; 1 = planar.
Note 3: The convention for the coding of negative numbers is as
follows: ^MSB is the sign bit; 0 = + ; 1 = ^.
^Other bits represent the absolute value.
The convention for the antenna location is as follows: As viewed
from the MLS approach reference datum looking toward the datum point, a
positive number shall represent a location to the right of the runway
centerline (lateral offset) or above the runway (vertical offset), or
towards the stop end of the runway (longitudinal distance).
The convention for the antenna alignment is as follows: As viewed
from above, a positive number shall represent clockwise rotation from
the runway centerline to the respective zero-degree guidance plane.
Note 4: Data Word A3 is transmitted at intervals of 1.0 seconds or
less throughout the approach Azimuth coverage sector, except when back
Azimuth guidance is provided. Where back Azimuth is provided transmit
at intervals of 1.33 seconds or less throughout the approach Azimuth
sector and 4.0 seconds or less throughout the back Azimuth coverage
sector.
Note 5: When back Azimuth guidance is provided, transmit at
intervals of 1.33 seconds or less throughout the back Azimuth coverage
sector and 4.0 seconds or less throughout the approach Azimuth coverage
sector.
Note 6: The designation ''A1'' represents the function
identification code for ''Auxiliary Data A'' and address code number 1.
14 CFR 171.313 --
(1) Horizontally within a sector plus or minus 40 degrees about the
runway centerline originating at the datum point and extending in the
direction of the approach to 20 nautical miles from the runway
threshold. The minimum proportional guidance sector must be plus or
minus 10 degrees about the runway centerline. Clearance signals must be
used to provide the balance of the required coverage, where the
proportional sector is less than plus or minus 40 degrees. When
intervening obstacles prevent full coverage, the 40 guidance sector
can be reduced as required. For systems providing 60 lateral guidance
the coverage requirement is reduced to 14 nm beyond 40 .
(2) Vertically between:
(i) A conical surface originating 2.5 meters (8 feet) above the
runway centerline at threshold inclined at 0.9 degree above the
horizontal.
(ii) A conical surface originating at the azimuth ground equipment
antenna inclined at 15 degrees above the horizontal to a height of 6000
meters (20,000 feet).
(iii) Where intervening obstacles penetrate the lower surface,
coverage need be provided only to the minimum line of sight.
(3) Runway region:
(i) Proportional guidance horizontally within a sector 45 meters (150
feet) each side of the runway centerline beginning at the stop end and
extending parallel with the runway centerline in the direction of the
approach to join the approach region. This requirement does not apply
to offset azimuth installations.
(ii) Vertically between a horizontal surface which is 2.5 meters (8
feet) above the farthest point of runway centerline which is in line of
sight of the azimuth antenna, and in a conical surface originating at
the azimuth ground equipment antenna inclined at 20 degrees above the
horizontal up to a height to 600 meters (2000 feet). This requirement
does not apply to offset azimuth installations.
(4) Within the approach azimuth coverage sector defined in paragraphs
(a) (1), and (2) and (3) of this section, the power densities must not
be less than those shown in Table 9 but the equipment design must also
allow for:
(i) Transmitter power degradation from normal by ^1.5 dB;
(ii) Rain loss of ^2.2 dB at the longitudinal coverage extremes.
(b) Siting requirements. The approach azimuth antenna system must,
except as allowed in paragraph (c) of this section:
(1) Be located on the extension of the centerline of the runway
beyond the stop end;
(2) Be adjusted so that the zero degree azimuth plane will be a
vertical plane which contains the centerline of the runway served;
(3) Have the minimum height necessary to comply with the coverage
requirements prescribed in paragraph (a) of this section;
(4) Be located at a distance from the stop end of the runway that is
consistent with safe obstruction clearance practices;
(5) Not obscure any light of an approach lighting system; and
(6) Be installed on frangible mounts or beyond the 300 meter (1000
feet) light bar.
(c) On runways where limited terrain prevents the azimuth antenna
from being positioned on the runway centerline extended, and the cost of
the land fill or a tall tower antenna support is prohibitive, the
azimuth antenna may be offset.
(d) Antenna coordinates. The scanning beams transmitted by the
approach azimuth equipment within 40 of the centerline may be either
conical or planar.
(e) Approach azimuth accuracy. (1) The system and subsystem errors
shall not exceed those listed in Table 10 at the approach reference
datum.
At the approach reference datum, temporal sinusoidal noise components
shall not exceed 0.025 degree peak in the frequency band 0.01 Hz to 1.6
Hz, and the CMN shall not exceed 0.10 degree. From the approach
reference datum to the coverage limit, the PFE, PFN and CMN limits,
expressed in angular terms, shall be allowed to linearly increase as
follows:
(i) With distance along the runway centerline extended, by a factor
of 1.2 for the PFE and PFN limits and to 0.10 degree for the CMN
limits.
(ii) With azimuth angle, by a factor of 1.5 at the 40 degree and a
factor of 2.0 at the 60 degree azimuth angles for the PFE, PFN and CMN
limits.
(iii) With elevation angle from +9 degrees to +15 degrees, by a
factor of 1.5 for the PFE and PFN limits.
(iv) Maximum angular limits. The PFE limits shall not exceed 0.25
degree in any coverage region below an elevation angle of +9 degrees nor
exceed 0.50 degree in any coverage region above that elevation angle.
The CMN limits shall not exceed 0.10 degree in any coverage region
within 10 degrees of runway centerline extended nor exceed 0.20 degree
in any other region within coverage.
Note: It is desirable that the CMN not exceed 0.10 degree
throughout the coverage.
(f) Approach azimuth antenna characteristics are as follows:
(1) Drift. Any azimuth angle as encoded by the scanning beam at any
point within the proportional coverage must not vary more than 0.07
degree over the range of service conditions specified in 171.309(d)
without the use of internal environmental controls. Multipath effects
are excluded from this requirement.
(2) Beam pointing errors. The azimuth angle as encoded by the
scanning beam at any point within 0.5 degree of the zero degree azimuth
must not deviate from the true azimuth angle at that point by more than
.05 degree. Multipath and drift effects are excluded from this
requirement.
(3) Antenna alignment. The antenna must be equipped with suitable
optical, electrical or mechanical means or any combination of the three,
to bring the zero degree azimuth radial into coincidence with the
approach reference datum (for centerline siting) with a maximum error of
0.02 degree. Additionally, the azimuth antenna bias adjustment must be
electronically steerable at least to the monitor limits in steps not
greater than 0.005 degree.
(4) Antenna far field patterns in the plane of scan. On boresight,
the azimuth antenna mainlobe pattern must conform to Figure 10, and the
beamwidth must be such that, in the installed environment, no
significant lateral reflections of the mainlobe exist along the approach
course. In any case the beamwidth must not exceed three degrees.
Anywhere within coverage the ^3 dB width of the antenna mainlobe, while
scanning normally, must not be less than 25 microseconds (0.5 degree) or
greater than 250 microseconds (5 degrees). The antenna mainlobe may be
allowed to broaden from the value at boresight by a factor of 1/cosu,
where u is the angle off boresight. The sidelobe levels must be as
follows:
(i) Dynamic sidelobe levels. With the antenna scanning normally, the
dynamic sidelobe level that is detected by a receiver at any point
within the proportional coverage sector must be down at least 10 dB from
the peak of the main beam. Outside the coverage sector, the radiation
from the the scanning beam antenna must be of such a nature that
receiver warning will not be removed or suitable OCI signals must be
provided.
(ii) Effective sidelobe levels. With the antenna scanning normally,
the sidelobe levels in the plane of scan must be such that, in the
installed environment, the CMN contributed by sidelobe reflections will
not exceed the angular equivalent of 9 feet at approach reference datum
over the required range of aircraft approach speeds.
14 CFR 171.313 -- --
(5) Antenna far field pattern in the vertical plane. The azimuth
antenna free space radiation pattern below the horizon must have a slope
of at least ^8 dB/degree at the horizon and all sidelobes below the
horizon must be at least 13 dB below the pattern peak. The antenna
radiation pattern above the horizon must satisfy both the system
coverage requirements and the spurious radiation requirement.
(6) Data antenna. The data antenna must have horizontal and vertical
patterns as required for its function.
(g) Back azimuth coverage requirements. The back azimuth equipment
where used must provide guidance information in at least the following
volume of space (see Figure 11):
(1) Horizontally within a sector 40 degrees about the runway
centerline originating at the back azimuth ground equipment antenna and
extending in the direction of the missed approach at least to 20
nautical miles from the runway stop end. The minimum proportional
guidance sector must be 10 degrees about the runway centerline.
Clearance signals must be used to provide the balance of the required
coverage where the proportional sector is less than 40 degrees.
(2) Vertically in the runway region between:
(i) A horizontal surface 2.5 meters (8 feet) above the farthest point
of runway centerline which is in line of sight of the azimuth antenna,
and,
(ii) A conical surface originating at the azimuth ground equipment
antenna inclined at 20 degrees above the horizontal up to a height of
600 meters (2000 feet).
(3) Vertically in the back azimuth region between:
(i) A conical surface originating 2.5 meters (8 feet) above the
runway stop end, included at 0.9 degree above the horizontal, and,
(ii) A conical surface orginating at the missed approach azimuth
ground equipment antenna, inclined at 15 degrees above the horizontal up
to a height of 1500 meters (5000 feet).
(iii) Where obstacles penetrate the lower coverage limits, coverage
need be provided only to minimum line of sight.
(4) Within the back azimuth coverage sector defined in paragraph (q)
(1), (2), and (3) of this section the power densities must not be less
than those shown in Table 9, but the equipment design must also allow
for:
(i) Transmitter power degradation from normal ^1.5 dB.
(ii) Rain loss of ^2.2 dB at the longitudinal coverage extremes.
(h) Back azimuth siting. The back azimuth equipment antenna must:
(1) Normally be located on the extension of the runway centerline at
the threshold end;
(2) Be adjusted so that the vertical plane containing the zero degree
course line contains the back azimuth reference datum;
(3) Have minimum height necessary to comply with the course
requirements prescribed in paragraph (g) of this section;
(4) Be located at a distance from the threshold end that is
consistent with safe obstruction clearance practices;
(5) Not obscure any light of an approach lighting system; and
(6) Be installed on frangible mounts or beyond the 300 meter (1000
feet) light bar.
(i) Back azimuth antenna coordinates. The scanning beams transmitted
by the back azimuth equipment may be either conical or planar.
(j) Back azimuth accuracy. The requirements specified in 171.313(e)
apply except that the reference point is the back azimuth reference
datum.
(k) Back azimuth antenna characteristics. The requirements specified
in 171.313(f) apply.
(l) Scanning conventions. Figure 12 shows the approach azimuth and
back azimuth scanning conventions.
(m) False guidance. False courses which can be acquired and tracked
by an aircraft shall not exist anywhere either inside or outside of the
MLS coverage sector. False courses which exist outside of the minimum
coverage sector may be suppressed by the use of OCI.
Note: False courses may be due to (but not limited to) MLS airborne
receiver acquisition of the following types of false guidance:
reflections of the scanning beam, scanning beam antenna sidelobes and
grating lobes, and incorrect clearance.
14 CFR 171.315Azimuth monitor system requirements.
(a) The approach azimuth or back azimuth monitor system must cause
the radiation to cease and a warning must be provided at the designated
control point if any of the following conditions persist for longer than
the periods specified:
14 CFR 171.315
(1) There is a change in the ground equipment contribution to the
mean course error component such that the path following error at the
reference datum or in the direction of any azimuth radial, exceeds the
limits specified in 171.313(e)(1) or 171.313(j) for a period of more
than one second.
Note: The above requirement and the requirement to limit the ground
equipment mean error to 10 ft. can be satisfied by the following
procedure. The integral monitor alarm limit should be set to the
angular equivalent of 10 ft. at the approach reference datum. This
will limit the electrical component of the mean course error to 10 ft.
The field monitor alarm limit should be set such that with the mean
course error at the alarm limit the total allowed PFE is not exceeded on
any commissioned approach course from the limit of coverage to an
altitude of 100 feet.
(2) There are errors in two consecutive transmissions of Basic Data
Words 1, 2, 4 or 5.
(3) There is a reduction in the radiated power to a level not less
than that specified in 171.313(a)(4) or 171.313(g)(4) for a period of
more than one second.
(4) There is an error in the preamble DPSK transmissions which occurs
more than once in any one second period.
(5) There is an error in the time division multiplex synchronization
of a particular azimuth function that the requirement specified in
171.311(e) is not satisfied and if this condition persists for more than
one second.
(6) A failure of the monitor is detected.
(b) Radiation of the following fuctions must cease and a warning
provided at the designated control point if there are errors in 2
consecutive transmissions:
(1) Morse Code Identification,
(2) Basic Data Words 3 and 6,
(3) Auxiliary Data Words.
(c) The period during which erroneous guidance information is
radiated must not exceed the periods specified in 171.315(a). If the
fault is not cleared within the time allowed, the ground equipment must
be shut down. After shutdown, no attempt must be made to restore
service until a period of 20 seconds has elapsed.
14 CFR 171.317 Approach elevation performance requirements.
This section prescribes the performance requirements for the
elevation equipment components of the MLS as follows:
(a) Elevation coverage requirements. The approach elevation facility
must provide proportional guidance information in at least the following
volume of space (see Figure 13):
(1) Laterally within a sector originating at the datum point which is
at least equal to the proportional guidance sector provided by the
approach azimuth ground equipment.
(2) Longitudinally from 75 meters (250 feet) from the datum point to
20 nautical miles from threshold in the direction of the approach.
(3) Vertically within the sector bounded by:
(i) A surface which is the locus of points 2.5 meters (8 feet) above
the runway surface;
(ii) A conical surface originating at the datum point and inclined
0.9 degree above the horizontal and,
(iii) A conical surface originating at the datum point and inclined
at 15.0 degrees above the horizontal up to a height of 6000 meters
(20,000 feet).
Insert illustration 0102
Where the physical characteristics of the approach region prevent
theachievement of the standards under paragraphs (a) (1), (2), and (3)
of this section, guidance need not be provided below a conical surface
originating at the elevation antenna and inclined 0.9 degree above the
line of sight.
(4) Within the elevation coverage sector defined in paragraphs (a)
(1), (2) and (3) of this section, the power densities must not be less
than those shown in Table 9, but the equipment design must also allow
for:
(i) Transmitter power degradation from normal by ^1.5 dB.
(ii) Rain loss of ^2.2 dB at the coverage extremes.
(b) Elevation siting requirements. The Elevation Antenna System
must:
(1) Be located as close to runway centerline as possible (without
violating obstacle clearance criteria).
(2) Be located near runway threshold such that the asymptote of the
minimum glidepath crosses the threshold of the runway at the Approach
Reference Datum height. Normally, the minimum glidepath should be 3
degrees and the Approach Reference Datum height should be 50 feet.
However, there are circumstances where other glideslopes and reference
datum heights are appropriate. Some of these instances are discussed in
FAA Order 8260.34 (Glide Slope Threshold Crossing Height Requirements)
and Order 8260.3 (IFR Approval of MLS.)
(3) Be located such that the MLS Approach Reference Datum and ILS
Reference Datum heights are coincident within a tolerance of 3 feet when
MLS is installed on a runway already served by an ILS. This requirement
applies only if the ILS glide slope is sited such that the height of the
reference datum meets the requirements of FAA Order 8260.34.
(c) Antenna coordinates. The scanning beams transmitted by the
elevation subsystem must be conical.
(d) Elevation accuracy. (1) The accuracies shown in Table 13 are
required at the approach reference datum. From the approach reference
datum to the coverage limit, the PFE, PFN and CMN limits shall be
allowed to linearly increase as follows:
(i) With distance along the runway centerline extended at the minimum
glide path angle, by a factor of 1.2 for the PFE and PFN limits and to
0.10 degree for the CMN limits;
(ii) With azimuth angle, from runway centerline extended to the
coverage extreme, by a factor of 1.2 for the PFE and PFN limits and by a
factor of 2.0 for the CMN limits;
(iii) With increasing elevation angles from +3 degrees to +15
degrees, by a factor of 2.0 for the PFE and PFN limits;
(iv) With decreasing elevation angle from +3 degrees (or 60% of the
minimum glide path angle, whichever is less) to the coverage extreme, by
a factor of 3 for the PFE, PFN and CMN limits; and
(v) Maximum angular limits. the CMN limits shall not exceed 0.10
degree in any coverage region within 10 degrees laterally of runway
centerline extended which is above the elevation angle specified in (iv)
above.
Note: It is desirable that the CMN not exceed 0.10 degree
throughout the coverage region above the elevation angle specified in
paragraph (d)(1)(iv) of this section.
(2) The system and ground subsystem accuracies shown in Table 13 are
to be demonstrated at commissioning as maximum error limits. Subsequent
to commissioning, the accuracies are to be considered at 95% probability
limits.
(e) Elevation antenna characteristics are as follows:
(1) Drift. Any elevation angle as encoded by the scanning beam at
any point within the coverage sector must not vary more than 0.04 degree
over the range of service conditions specified in 171.309(d) without
the use of internal environmental controls. Multipath effects are
excluded from this requirement.
(2) Beam pointing errors. The elevation angle as encoded by the
scanning beam at any point within the coverage sector must not deviate
from the true elevation angle at that point by more than 0.04 degree
for elevation angles from 2.5 to 3.5 . Above 3.5 these errors may
linearly increase to 0.1 degree at 7.5 . Multipath and drift effects
are excluded from this requirement.
(3) Antenna alignment. The antenna must be equipped with suitable
optical, electrical, or mechanical means or any combination of the
three, to align the lowest operationally required glidepath to the true
glidepath angle with a maximum error of 0.01 degree. Additionally, the
elevation antenna bias adjustment must be electronically steerable at
least to the monitor limits in steps not greater than 0.005 degrees.
(4) Antenna far field patterns in the plane of scan. On the lowest
operationally required glidepath, the antenna mainlobe pattern must
conform to Figure 10, and the beamwidth must be such that in the
installed environment, no significant ground reflections of the mainlobe
exist. In any case, the beamwidth must not exceed 2 degrees. The
antenna mainlobe may be allowed to broaden from the value at boresight
by a factor of 1/cosu, where u is the angle of boresight. Anywhere
within coverage, the ^3 dB width of the antenna mainlobe, while scanning
normally, must not be less than 25 microseconds (0.5 degrees) or greater
than 250 microseconds (5 degrees). The sidelobe levels must be as
follows:
(i) Dynamic sidelobe levels. With the antenna scanning normally, the
dynamic sidelobe level that is detected by a receiver at any point
within the proportional coverage sector must be down at least 10 dB from
the peak of the mainlobe. Outside the proportional coverage sector, the
radiation from the scanning beam antenna must be of such a nature that
receiver warnings will not be removed or a suitable OCI signal must be
provided.
(ii) Effective sidelobe levels. With the antenna scanning normally,
the sidelobe levels in the plane of scan must be such that, when
reflected from the ground, the resultant PFE along any glidepath does
not exceed 0.083 degrees.
(5) Antenna far field pattern in the horizontal plane. The
horizontal pattern of the antenna must gradually de-emphasize the signal
away from antenna boresight. Typically, the horizontal pattern should
be reduced by at least 3 dB at 20 degrees off boresight and by at least
6 dB at 40 degrees off boresight. Depending on the actual multipath
conditions, the horizontal radiation patterns may require more or less
de-emphasis.
(6) Data antenna. The data antenna must have horizontal and vertical
patterns as required for its function.
(f) False guidance. False courses which can be acquired and tracked
by an aircraft shall not exist anywhere either inside or outside of the
MLS coverage sector. False courses which exist outside of the minimum
coverage sector may be suppressed by the use of OCI.
Note: False courses may be due to (but not limited to) MLS airborne
receiver acquisition of the following types of false guidance:
reflections of the scanning beam and scanning beam antenna sidelobes and
grating lobes.
14 CFR 171.319Approach elevation monitor system requirements.
(a) The monitor system must act to ensure that any of the following
conditions do not persist for longer than the periods specified when:
(1) There is a change in the ground component contribution to the
mean glidepath error component such that the path following error on any
glidepath exceeds the limits specified in 171.317(d) for a period of
more than one second.
Note: The above requirement and the requirement to limit the ground
equipment mean error to 0.067 degree can be satisfied by the following
procedure. The integral monitor alarm limit should be set to 0.067
degree. This will limit the electrical component of mean glidepath error
to 0.067 degree. The field monitor alarm limit should be set such that
with the mean glidepath error at the alarm limit the total allowed PFE
is not exceeded on any commissioned glidepath from the limit of coverage
to an altitude of 100 feet.
(2) There is a reduction in the radiated power to a level not less
than that specified in 171.317(a)(4) for a period of more than one
second.
(3) There is an error in the preamble DPSK transmission which occurs
more than once in any one second period.
(4) There is an error in the time division multiplex synchronization
of a particular elevation function such that the requirement specified
in 171.311(e) is not satisfied and this condition persists for more
than one second.
(5) A failure of the monitor is detected.
(b) The period during which erroneous guidance information is
radiated must not exceed the periods specified in 171.319(a). If the
fault is not cleared within the time allowed, radiation shall cease.
After shutdown, no attempt must be made to restore service until a
period of 20 seconds has elapsed.
14 CFR 171.321DME and marker beacon performance requirements.
(a) The DME equipment must meet the performance requirements
prescribed in subpart G of the part. This subpart imposes requirements
that performance features must comply with International Standards and
Recommended Practices, Aeronautical Telecommunications, Vol. I of Annex
10 to ICAO. It is available from ICAO, Aviation Building, 1080
University Street, Montreal 101, Quebec, Canada, Attention:
Distribution Officer and also available for inspection at the Office of
the Federal Register Information Center, Room 8301, 1100 L Street, NW.,
Washington, DC 20408.
(b) MLS marker beacon equipment must meet the performance
requirements prescribed in subpart H of this part. This subpart imposes
requirements that performance features must comply with International
Standards and Recommended Practices, Aeronautical Telecommuncations,
Vol. I of Annex 10 to ICAO.
14 CFR 171.323Fabrication and installation requirements.
(a) The MLS facility must be permanent and must be located,
constructed, and installed in accordance with best commercial
engineering practices, using applicable electric and safety codes and
Federal Communications Commission (FCC) licensing requirements and
siting requirements of 171.313(b) and 171.317(b).
(b) The MLS facility components must utilize solid state technology
except that traveling wave tube amplifiers (TWTA) may be used. A
maximum level of common modularity must be provided along with
diagnostics to facilitate maintenance and troubleshooting.
(c) An approved monitoring capability must be provided which
indicates the status of the equipment at the site and at a remotely
located maintenance area, with monitor capability that provides
pre-alarm of impending system failures. This monitoring feature must be
capable of transmitting the status and pre-alarm over standard phone
lines to a remote section. In the event the sponsor requests the FAA to
assume ownership of the facility, the monitoring feature must also be
capable of interfacing with FAA remote monitoring requirements. This
requirement may be complied with by the addition of optional software
and/or hardware in space provided in the original equipment.
(d) The mean corrective maintenance time of the MLS equipment must be
equal to or less than 0.5 hours with a maximum corrective maintenance
time not to exceed 1.5 hours. This measure applies to correction of
unscheduled failures of the monitor, transmitter and associated antenna
assemblies, limited to unscheduled outage and out of tolerance
conditions.
(e) The mean-time-between-failures of the MLS angle system must not
be less than 1,500 hours. This measure applies to unscheduled outage,
out-of-tolerance conditions, and failures of the monitor, transmitter,
and associated antenna assemblies.
(f) The MLS facility must have a reliable source of suitable primary
power, either from a power distribution system or locally generated.
Adequate power capacity must be provided for the operation of the MLS as
well as the test and working equipment of the MLS.
(g) The MLS facility must have a continuously engaged or floating
battery power source for the continued normal operation of the ground
station operation if the primary power fails. A trickle charge must be
supplied to recharge the batteries during the period of available
primary power. Upon loss and subsequent restoration of power, the
battery must be restored to full charge within 24 hours. When primary
power is applied, the state of the battery charge must not affect the
operation of the MLS ground station. The battery must allow
continuation of normal operation of the MLS facility for at least 2
hours without the use of additional sources of power. When the system
is operating from the battery supply without prime power, the radome
deicers and the environmental system need not operate. The equipment
must meet all specification requirements with or without batteries
installed.
(h) There must be a means for determining, from the ground, the
performance of the system including antenna, both initially and
periodically.
(i) The facility must have, or be supplemented by ground, air or
landline communications services. At facilities within or immediately
adjacent to air traffic control areas, that are intended for use as
instrument approach aids for an airport, there must be ground air
communications or reliable communications (at least a landline
telephone) from the airport to the nearest FAA air traffic control or
communication facility. Compliance with this paragraph need not be
shown at airports where an adjacent FAA facility can communicate with
aircraft on the ground at the airport and during the entire proposed
instrument approach procedure. In addition, at low traffic density
airports within or immediately adjacent to air traffic control zones or
areas, and where extensive delays are not a factor, the requirements of
this paragraph may be reduced to reliable communications from the
airport to the nearest FAA air traffic control or communications
facility. If the adjacent FAA facility can communicate with aircraft
during the proposed instrument approach procedure down to the airport
surface or at least down to the minimum approach altitude, this would
require at least a landline telephone.
(j) The location of the phase center for all antennas must be clearly
marked on the antenna enclosures.
(k) The latitude, longitude and mean sea level elevation of all MLS
antennas, runway threshold and runway stop end must be determined by
survey with an accuracy of 3 meters ( 10 feet) laterally and 0.3 meter
( 1.0 foot) vertically. The relative lateral and vertical offsets of
all antenna phase centers, and both runway ends must be determined with
an accuracy of 0.3 meter ( 1.0 foot) laterally and 0.03 meter ( 0.1
foot) vertically. The owner must bear all costs of the survey. The
results of this survey must be included in the ''operations and
maintenance'' manual required by section 171.325 of this subpart and
will be noted on FAA Form 198 required by 171.327.
(Doc. No. 20669, 51 FR 33177, Sept. 18, 1986, as amended by Amdt.
171-16, 56 FR 65665, Dec. 17, 1991)
Effective Date Note: At 56 FR 65665, Dec. 17, 1991, 171.323 was
amended by revising paragraph (i), effective September 16, 1993. For
the convenience of the user, the revised text follows:
171.323 Fabrication and installation requirements.
(i) The facility must have, or be supplemented by, ground, air, or
landline communications services. At facilities within or immediately
adjacent to controlled airspace, that are intended for use as instrument
approach aids for an airport, there must be ground air communications or
reliable communications (at least a landline telephone) from the airport
to the nearest FAA air traffic control or communication facility.
Compliance with this paragraph need not be shown at airports where an
adjacent FAA facility can communicate with aircraft on the ground at the
airport and during the entire proposed instrument approach procedure.
In addition, at low traffic density airports within or immediately
adjacent to controlled airspace, and where extensive delays are not a
factor, the requirements of this paragraph may be reduced to reliable
communications from the airport to the nearest FAA air traffic control
or communications facility. If the adjacent FAA facility can
communicate with aircraft during the proposed instrument approach
procedure down to the airport surface or at least down to the minimum en
route altitude, this would require at least a landline telephone.
14 CFR 171.325 Maintenance and operations requirements.
(a) The owner of the facility must establish an adequate maintenance
system and provide MLS qualified maintenance personnel to maintain the
facility at the level attained at the time it was commissioned. Each
person who maintains a facility must meet the FCC licensing requirements
and demonstrate that he has the special knowledge and skills needed to
maintain an MLS facility, including proficiency in maintenance
procedures and the use of specialized test equipment.
(b) In the event of out-of-tolerance conditions or malfunctions, as
evidenced by receiving two successive pilot reports, the owner must
close the facility by encasing radiation, and issue a ''Notice to
Airmen'' (NOTAM) that the facility is out of service.
(c) The owner must prepare, and obtain approval of, an operations and
maintenance manual that sets forth mandatory procedures for operations,
periodic maintenance, and emergency maintenance, including instructions
on each of the following:
(1) Physical security of the facility.
(2) Maintenance and operations by authorized persons.
(3) FCC licensing requirements for operations and maintenance
personnel.
(4) Posting of licenses and signs.
(5) Relations between the facility and FAA air traffic control
facilities, with a description of the boundaries of controlled airspace
over or near the facility, instructions for relaying air traffic control
instructions and information, if applicable, and instructions for the
operation of an air traffic advisory service if the facility is located
outside of controlled airspace.
(6) Notice to the Administrator of any suspension of service.
(7) Detailed and specific maintenance procedures and servicing guides
stating the frequency of servicing.
(8) Air-ground communications, if provided, expressly written or
incorporating appropriate sections of FAA manuals by reference.
(9) Keeping the station logs and other technical reports, and the
submission of reports required by 171.327.
(10) Monitoring of the MLS facility.
(11) Inspections by United States personnel.
(12) Names, addresses, and telephone numbers of persons to be
notified in an emergency.
(13) Shutdowns for periodic maintenance and issuing of NOTAM for
routine or emergency shutdowns.
(14) Commissioning of the MLS facility.
(15) An acceptable procedure for amending or revising the manual.
(16) An explanation of the kinds of activities (such as construction
or grading) in the vicinity of the MLS facility that may require
shutdown or recertification of the MLS facility by FAA flight check.
(17) Procedures for conducting a ground check of the azimuth and
elevation alignment.
(18) The following information concerning the MLS facility:
(i) Facility component locations with respect to airport layout,
instrument runways, and similar areas.
(ii) The type, make and model of the basic radio equipment that
provides the service including required test equipment.
(iii) The station power emission, channel, and frequency of the
azimuth, elevation, DME, marker beacon, and associated compass locators,
if any.
(iv) The hours of operation.
(v) Station identification call letters and method of station
identification and the time spacing of the identification.
(vi) A description of the critical parts that may not be changed,
adjusted, or repaired without an FAA flight check to confirm published
operations.
(d) The owner or his maintenance representative must make a ground
check of the MLS facility periodically in accordance with procedures
approved by the FAA at the time of commissioning, and must report the
results of the checks as provided in 171.327.
(e) The only modifications permitted are those that are submitted to
FAA for approval by the MLS equipment manufacturer. The owner or
sponsor of the facility must incorporate these modifications in the MLS
equipment. Associated changes must also be made to the operations and
maintenance manual required in paragraph (c) of this section. This and
all other corrections and additions to this operations and maintenance
manual must also be submitted to FAA for approval.
(f) The owner or the owner's maintenance representative must
participate in inspections made by the FAA.
(g) The owner must ensure the availability of a sufficient stock of
spare parts, including solid state components, or modules to make
possible the prompt replacement of components or modules that fail or
deteriorate in service.
(h) FAA approved test instruments must be used for maintenance of the
MLS facility.
(i) Inspection consists of an examination of the MLS equipment to
ensure that unsafe operating conditions do not exist.
(j) Monitoring of the MLS radiated signal must ensure a high degree
of integrity and minimize the requirements for ground and flight
inspection. The monitor must be checked daily during the in-service
test evaluation period (96 hour burn in) for calibration and stability.
These tests and ground checks or azimuth, elevation, DME, and marker
beacon radiation characteristics must be conducted in accordance with
the maintenance requirements of this section.
14 CFR 171.327Operational records.
The owner of the MLS facility or his maintenance representative must
submit the following operational records at the indicated time to the
appropriate FAA regional office where the facility is located.
(a) Facility Equipment Performance & Adjustment Data (FAA Form 198).
The FAA Form 198 shall be filled out by the owner or his maintenance
representative with the equipment adjustments and meter readings as of
the time of facility commissioning. One copy must be kept in the
permanent records of the facility and two copies must be sent to the
appropriate FAA regional office. The owner or his maintenance
representative must revise the FAA Form 198 data after any major repair,
modernization, or retuning to reflect an accurate record of facility
operation and adjustment.
(b) Facility Maintenance Log (FAA Form 6030-1). FAA Form 6030-1 is
permanent record of all the activities required to maintain the MLS
facility. The entries must include all malfunctions met in maintaining
the facility including information on the kind of work and adjustments
made, equipment failures, causes (if determined) and corrective action
taken. In addition, the entries must include completion of periodic
maintenance required to maintain the facility. The owner or his
maintenance representative must keep the original of each form at the
facility and send a copy to the appropriate FAA regional office at the
end of each month in which it is prepared. However, where an FAA
approved remote monitoring system is installed which precludes the need
for periodic maintenance visits to the facility, monthly reports from
the remote monitoring system control point must be forwarded to the
appropriate FAA regional office, and a hard copy retained at the control
point.
(c) Technical Performance Record (FAA Form 6830 (formerly FAA Form
418)). This form contains a record of system parameters as specified in
the manufacturer's equipment manual. This data will be recorded on each
scheduled visit to the facility. The owner or his maintenance
representative shall keep the original of each record at the facility
and send a copy of the form to the appropriate FAA regional office.
14 CFR 171.327 SUBCHAPTER K -- ADMINISTRATIVE REGULATIONS
14 CFR 171.327 PART 183 -- REPRESENTATIVES OF THE ADMINISTRATOR
14 CFR 171.327 Subpart A -- General
Sec.
183.1 Scope.
14 CFR 171.327 Subpart B -- Certification of Representatives
183.11 Selection.
183.13 Certification.
183.15 Duration of certificates.
183.17 Reports.
14 CFR 171.327 Subpart C -- Kinds of Designations: Privileges
183.21 Aviation Medical Examiners.
183.23 Pilot examiners.
183.25 Technical personnel examiners.
183.27 Designated aircraft maintenance inspectors.
183.29 Designated engineering representatives.
183.31 Designated manufacturing inspection representatives.
183.33 Designated airworthiness representative.
Authority: Secs. 301(c), 305, 307(b), 313(a), and 314, 72 Stat.
744; 49 U.S.C. 1341(c), 1346, 1348(b), 1354(a), and 1355, and sec.
501, 65 Stat. 290; 31 U.S.C. 483a.
Source: Docket No. 1151, 27 FR 4951, May 26, 1962, unless otherwise
noted.
Editorial Note: For miscellaneous amendments to cross references in
this part 183, see Amdt. 183-1, 31 FR 9211, July 6, 1966.
14 CFR 171.327 Subpart A -- General
14 CFR 183.1Scope.
This part describes the requirements for designating private persons
to act as representatives of the Administrator in examining, inspecting,
and testing persons and aircraft for the purpose of issuing airman and
aircraft certificates. In addition, it states the privileges of those
representatives and prescribes rules for their exercising of those
privileges.
14 CFR 183.1 Subpart B -- Certification of Representatives
14 CFR 183.11Selection.
(a) The Federal Air Surgeon, or his authorized representative within
the FAA, may select Aviation Medical Examiners from qualified physicians
who apply. In addition, the Federal Air Surgeon may designate qualified
forensic pathologists to assist in the medical investigation of aircraft
accidents.
(b) Any local Flight Standards Inspector may select a pilot examiner,
technical personnel examiner, or a designated aircraft maintenance
inspector whenever he determines there is a need for one.
(c)(1) The Manager, Aircraft Certification Office, or the Manager's
designee, may select Designated Engineering Representatives from
qualified persons who apply by a letter accompanied by a ''Statement of
Qualifications of Designated Engineering Representative.''
(2) The Manager, Aircraft Certification Directorate, or the Manager's
designee,may select Designated Manufacturing Inspection Representatives
from qualified persons who apply by a letter accompanied by a
''Statement of Qualifications of Designated Manufacturing Inspection
Representative.''
(d) The Associate Administrator for Air Traffic, may select Air
Traffic Control Tower Operator Examiners.
(e) The Director, Aircraft Certification Service, or the Director's
designee, may select Designated Airworthiness Representatives from
qualified persons who apply by a letter accompanied by a ''Statement of
Qualifications of Designated Airworthiness Representative.''
(Approved by the Office of Management and Budget under control number
2120-0035)
(Secs. 313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of
1958, as amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502);
sec. 6(c) Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7,
45 FR 32669, May 19, 1980; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983;
Amdt. 183-9, 54 FR 39296, Sept. 25, 1989)
14 CFR 183.13Certification.
(a) A ''Certificate of Designation'' and an appropriate
Identification Card is issued to each Aviation Medical Examiner and to
each forensic pathologist designated under 183.11(a).
(b) A ''Certificate of Authority'' specifying the kinds of
designation for which the person concerned is qualified and stating an
expiration date is issued to each Flight Standards Designated
Representative, along with a ''Certificate of Designation'' for display
purposes, designating the holder as a Flight Standards Representative
and specifying the kind of designation for which he is qualified.
(c) A ''Certificate of Authority,'' stating the specific functions
which the person concerned is authorized to perform and stating an
expiration date, is issued to each Designated Airworthiness
Representative, along with a ''Certificate of Designation'' for display
purposes.
(Secs. 601 and 602, 72 Stat. 752, 49 U.S.C. 1421-1422; secs.
313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of 1958, as
amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502); sec.
6(c) Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2,
32 FR 46, Jan. 5, 1967; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983)
14 CFR 183.15Duration of certificates.
(a) Unless sooner terminated under paragraph (d) of this section, a
designation as an Aviation Medical Examiner is effective for 1 year
after the date it is issued, and may be renewed for additional periods
of 1 year in the Federal Air Surgeon's discretion. A renewal is
effected by a letter and issuance of a new identification card
specifying the renewal period.
(b) Unless sooner terminated under paragraph (d) of this section, a
designation as a Flight Standards and Aircraft Certification Service
Designated Representative is effective for one year after the date it is
issued and may be renewed for additional periods of one year in the
Administrator's discretion.
(c) Unless sooner terminated under paragraph (d) of this section, a
designation as a Designated Airworthiness Representative is effective
until the expiration date shown on the Certificate of Authority.
(d) A designation made under this subpart terminates --
(1) Upon the written request of the representative;
(2) Upon the written request of the employer in any case in which the
recommendation of the employer is required for the designation;
(3) Upon the representative being separated from the employment of
the employer who recommended him for certification;
(4) Upon a finding by the Administrator that the representative has
not properly performed his duties under the designation;
(5) Upon the assistance of the representative being no longer needed
by the Administrator; or
(6) For any reason the Administration considers appropriate.
(Secs. 313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of
1958, as amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502);
sec. 6(c) Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-3,
33 FR 1072, Jan. 27, 1968; Amdt. 183-8, 48 FR 16179, Apr. 14, 1983;
Amdt. 183-9, 54 FR 39296, Sept. 25, 1989)
14 CFR 183.17Reports.
Each representative designated under this part shall make such
reports as are prescribed by the Administrator.
14 CFR 183.17 Subpart C -- Kinds of Designations: Privileges
14 CFR 183.21Aviation Medical Examiners.
An Aviation Medical Examiner may --
(a) Accept applications for physical examinations necessary for
issuing medical certificates under part 67 of this chapter;
(b) Under the general supervision of the Federal Air Surgeon or the
appropriate senior regional flight surgeon, conduct those physical
examinations;
(c) Issue or deny medical certificates in accordance with part 67 of
this chapter, subject to reconsideration by the Federal Air Surgeon or
his authorized representatives within the FAA;
(d) Issue student pilot certificates as specified in 61.85 of this
chapter; and
(e) As requested, participate in investigating aircraft accidents.
(Secs. 601 and 602, 72 Stat. 752, 49 U.S.C. 1421-1422)
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-2,
32 FR 46, Jan. 5, 1967; Amdt. 183-5, 38 FR 12203, May 10, 1973)
14 CFR 183.23Pilot examiners.
Any pilot examiner, instrument rating examiner, or airline transport
pilot examiner may --
(a) As authorized in his designation, accept applications for flight
tests necessary for issuing pilot certificates and ratings under this
chapter;
(b) Under the general supervision of the appropriate local Flight
Standards Inspector, conduct those tests; and
(c) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary pilot certificates and ratings to qualified
applicants.
14 CFR 183.25Technical personnel examiners.
(a) A designated mechanic examiner (DME) (airframe and power plant)
may --
(1) Accept applications for, and conduct, mechanic, oral and
practical tests necessary for issuing mechanic certificates under part
65 of this chapter; and
(2) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary mechanic certificates to qualified
applicants.
(b) A designated parachute rigger examiner (DPRE) may --
(1) Accept applications for, and conduct, oral and practical tests
necessary for issuing parachute rigger certificates under part 65 of
this chapter; and
(2) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary parachute rigger certificates to qualified
applicants.
(c) An air traffic control tower operator examiner may --
(1) Accept applications for, and conduct, written and practical tests
necessary for issuing control tower operator certificates under part 65
of this chapter; and
(2) In the discretion of the Associate Administrator for Air Traffic
issue temporary control tower operator certificates to qualified
applicants.
(d) A designated flight engineer examiner (DFEE) may --
(1) Accept applications for, and conduct, oral and practical tests
necessary for issuing flight engineer certificates under part 63 of this
chapter; and
(2) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary flight engineer certificates to qualified
applicants.
(e) A designated flight navigator examiner (DFNE) may --
(1) Accept applications for, and conduct, oral and practical tests
necessary for issuing flight navigator certificates under part 63 of
this chapter; and
(2) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary flight navigator certificates to qualified
applicants.
(f) A designated aircraft dispatcher examiner (DADE) may --
(1) Accept applications for, and conduct, written and practical tests
necessary for issuing aircraft dispatcher certificates under part 65 of
this chapter; and
(2) In the discretion of the appropriate local Flight Standards
Inspector, issue temporary aircraft dispatcher certificates to qualified
applicants.
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-9,
54 FR 39296, Sept. 25, 1989
14 CFR 183.27Designated aircraft maintenance inspectors.
A designated aircraft maintenance inspector (DAMI) may approve
maintenance on civil aircraft used by United States military flying
clubs in foreign countries.
14 CFR 183.29Designated engineering representatives.
(a) A structural engineering representative may approve structural
engineering information and other structural considerations within
limits prescribed by and under the general supervision of the
Administrator, whenever the representative determines that information
and other structural considerations comply with the applicable
regulations of this chapter.
(b) A power plant engineering representative may approve information
relating to power plant installations within limitations prescribed by
and under the general supervision of the Administrator whenever the
representative determines that information complies with the applicable
regulations of this chapter.
(c) A systems and equipment engineering representative may approve
engineering information relating to equipment and systems, other than
those of a structural, powerplant, or radio nature, within limits
prescribed by and under the general supervision of the Administrator,
whenever the representative determines that information complies with
the applicable regulations of this chapter.
(d) A radio engineering representative may approve engineering
information relating to the design and operating characteristics of
radio equipment, within limits prescribed by and under the general
supervision of the Administrator whenever the representative determines
that information complies with the applicable regulations of this
chapter.
(e) An engine engineering representative may approve engineering
information relating to engine design, operation and service, within
limits prescribed by and under the general supervision of the
Administrator, whenever the representative determines that information
complies with the applicable regulations of this chapter.
(f) A propeller engineering representative may approve engineering
information relating to propeller design, operation, and maintenance,
within limits prescribed by and under the general supervision of the
Administrator whenever the representative determines that information
complies with the applicable regulations of this chapter.
(g) A flight analyst representative may approve flight test
information, within limits prescribed by and under the general
supervision of the Administrator, whenever the representative determines
that information complies with the applicable regulations of this
chapter.
(h) A flight test pilot representative may make flight tests, and
prepare and approve flight test information relating to compliance with
the regulations of this chapter, within limits prescribed by and under
the general supervision of the Administrator.
(i) An acoustical engineering representative may witness and approve
aircraft noise certification tests and approve measured noise data and
evaluated noise data analyses, within the limits prescribed by, and
under the general supervision of, the Administrator, whenever the
representative determines that the noise test, test data, and associated
analyses are in conformity with the applicable regulations of this
chapter. Those regulations include, where appropriate, the
methodologies and any equivalencies previously approved by the Director
of Environment and Energy, for that noise test series. No designated
acoustical engineering representative may determine that a type design
change is not an acoustical change, or approve equivalencies to
prescribed noise procedures or standards.
(Doc. No. 1151, 27 FR 4951, May 26, 1962, as amended by Amdt. 183-7,
45 FR 32669, May 19, 1980; Amdt. 183-9, 54 FR 39296, Sept. 25, 1989)
14 CFR 183.31Designated manufacturing inspection representatives.
A designated manufacturing inspection representative (DMIR) may,
within limits prescribed by, and under the general supervision of, the
Administrator, do the following:
(a) Issue --
(1) Original airworthiness certificates for aircraft and
airworthiness approvals for engines, propellers, and product parts that
conform to the approved design requirements and are in a condition for
safe operation;
(2) Export certificates of airworthiness and airworthiness approval
tags in accordance with subpart L of part 21 of this chapter;
(3) Experimental certificates for aircraft for which the manufacturer
holds the type certificate and which have undergone changes to the type
design requiring a flight test; and
(4) Special flight permits to export aircraft.
(b) Conduct any inspections that may be necessary to determine that
--
(1) Prototype products and related parts conform to design
specifications; and
(2) Production products and related parts conform to the approved
type design and are in condition for safe operation.
(c) Perform functions authorized by this section for the
manufacturer, or the manufacturer's supplier, at any location authorized
by the FAA.
(Doc. No. 16622, 45 FR 1416, Jan. 7, 1980)
14 CFR 183.33 Designated Airworthiness Representative.
A Designated Airworthiness Representative (DAR) may, within limits
prescribed by and under the general supervision of the Administrator, do
the following:
(a) Perform examination, inspection, and testing services necessary
to the issuance of certificates, including issuing certificates, as
authorized by the Director, Flight Standards Service, in the area of
maintenance, or as authorized by the Director, Aircraft Certification
Service, in the areas of manufacturing and engineering.
(b) Charge a fee for his or her services.
(c) Perform authorized functions at any authorized location.
(Secs. 313(a), 314, 601, 603, 605, and 1102, Federal Aviation Act of
1958, as amended (49 U.S.C. 1354(a), 1355, 1421, 1423, 1425, and 1502);
sec.6(c) Department of Transportation Act (49 U.S.C. 1655(c)))
(Doc. No. 23140, 48 FR 16179, Apr. 14, 1983, as amended by Amdt.
183-9, 54 FR 39296, Sept. 25, 1989)
14 CFR 183.33 PART 185 -- TESTIMONY BY EMPLOYEES AND PRODUCTION OF
RECORDS IN LEGAL PROCEEDINGS, AND SERVICE OF LEGAL PROCESS AND PLEADINGS
Sec.
185.1 Purpose.
185.3 Acceptance of service on behalf of the Secretary of
Transportation or the Administrator.
185.5 Testimony by employees and production of records in legal
proceedings.
Authority: Secs. 303, 313, 72 Stat. 747, 752; 49 U.S.C. 1344,
1354, 1655; Part 9 of the regulations of the Office of the Secretary of
Transportation (49 CFR part 9) as amended (34 FR 11972).
Source: Docket No. 9900, 34 FR 16622, Oct. 17, 1969, unless
otherwise noted.
14 CFR 185.1Purpose.
(a) The purpose of this part is to name the FAA officials who,
pursuant to part 9 of the regulations of the Office of the Secretary of
Transportation (49 CFR part 9) as amended (34 FR 11972, July 16, 1969),
are those:
(1) Upon whom legal process or pleadings may be served in any legal
proceeding concerning the FAA, and who have authority to acknowledge the
service and take further action thereon; and
(2) Who otherwise perform the functions prescribed by part 9 in legal
proceedings concerning the FAA with respect to testimony by FAA
employees and production of FAA records in legal proceedings.
(b) For purposes of this part, ''legal proceedings'' includes any
proceeding before a court of law, administrative board or commission,
hearing officer, or other body conducting a legal or administrative
proceeding.
14 CFR 185.3Acceptance of service on behalf of the Secretary of
Transportation or the Administrator.
Legal process or pleadings in any legal proceeding concerning the FAA
may be served, at the option of the server, on the Chief Counsel, Deputy
Chief Counsel, Assistant Chief Counsel, Litigation Division, of the FAA,
or any other FAA official designated by the Chief Counsel, with the same
effect as if served upon the Secretary of Transportation or the
Administrator. The official accepting the service under this section
acknowledges the service and takes further action as appropriate.
14 CFR 185.5Testimony by employees and production of records in legal
proceedings.
The Chief Counsel, and each Assistant Chief Counsel, the Assistant
Chief Counsel for the Aeronautical Center, and the Assistant Chief
Counsel for the Technical Center, with respect to matters arising within
his respective jurisdiction, and any other FAA official designated by
the Chief Counsel, perform the functions in legal proceedings (other
than one described in 185.3 of this part) as prescribed by part 9 of
the regulations of the Office of the Secretary of Transportation, with
respect to testimony by FAA employees and production of FAA records in
legal proceedings.
(Doc. No. 9900, 34 FR 16622, Oct. 17, 1969, as amended by Amdt.
185-1, 54 FR 39296, Sept. 25, 1989)
14 CFR 185.5 PART 187 -- FEES
Sec.
187.1 Scope.
187.5 Duplicates of licenses.
187.7 Copies; seal.
187.15 Payment of fees.
Appendix A to Part 187 -- Fee Schedule for Certification Services
Performed Outside the United States on Behalf of Foreign Nationals Other
Than Resident Aliens
Authority: Sec. 501, 65 Stat. 290; 31 U.S.C. 483a; secs. 301,
302, 303, 305, 307, 313, 314; 72 Stat. 744, 747, 749, 752, 754; 49
U.S.C. 1341, 1343, 1344, 1346, 1348, 1354, 1355.
Source: Docket No. 8347, 32 FR 12051, Aug. 22, 1967, unless
otherwise noted.
14 CFR 187.1Scope.
This part prescribes fees only for FAA services for which fees are
not prescribed in other parts of this chapter or in 49 CFR part 7. The
fees for services furnished in connection with making information
available to the public are prescribed exclusively in 49 CFR part 7.
14 CFR 187.5Duplicates of licenses.
The fee for furnishing to a person entitled thereto a replacement,
duplicate, or facsimile of a certificate or other document evidencing a
license, for which a fee is not specifically provided elsewhere in this
chapter, is $2.
14 CFR 187.7Copies; seal.
The fees for furnishing photostatic or similar copies of documents
and for affixation of the seal for a certification or validation are the
same as those provided in subpart H of 49 CFR part 7.
14 CFR 187.15Payment of fees.
The fees prescribed in this part are payable to the Federal Aviation
Administration by check, money order, or draft payable in U.S. currency
and drawn on a U.S. bank.
(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49
U.S.C. 1354, 1421, and 1422); sec. 6(c), Dept. 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. 22052, 47 FR 35694, Aug. 16, 1982)
14 CFR 187.15 Pt. 187, App. A
14 CFR 187.15 Appendix A to Part 187 -- Fee Schedule for Certification
Services Performed Outside the United States on Behalf of Foreign
Nationals Other Than Resident Aliens
(a) Except as provided in paragraph (e), the fees for certification
and additional ratings issued under part 61 of this chapter are as
follows:
(1) Each student pilot certificate issued by the FAA, $14.
(2) Each student pilot certificate issued by a Designated FAA
Examiner, $11.
(3) Each certificate issued under 61.75 or 61.77, $11.
(4) Each written test administered by the FAA for any certificate or
added rating, $19.
(5) Each practical test (oral or flight or combined oral and flight)
administered by the FAA for a private pilot certificate or added rating,
$130.
(6) Each practical test (oral or flight or combined oral and flight)
administered by the FAA for a commercial pilot certificate or added
rating, $159.
(7) Each practical test (oral or flight or combined oral and flight)
administered by the FAA for an airline transport pilot certificate or
additional rating, $225.
(8) Each practical test (oral or flight or combined oral and flight)
administered by the FAA for a flight instructor certificate or added
rating or exchange of certificate under 61.199, $171.
(9) Each practical test (oral or flight or combined oral and flight)
administered by the FAA for renewal of a flight instructor certificate
under 61.197, $70.
(10) Processing of each written or practical test (oral or flight or
combined oral and flight) administered by a Designated FAA Examiner for
any pilot certificate or added rating, $37.
(b) Except as provided in paragraph (e), the fees for certification
and additional ratings issued under part 63 are as follows:
(1) Each written test administered by the FAA, $29.
(2) Each practical test administered by the FAA, $508.
(3) Processing of each practical test administered by a Designated
FAA Examiner, $37.
(4) Each certificate issued under 63.23 or 63.42, $37.
(c) The fees for certificates and additional ratings issued under
part 65 are as follows:
(1) Each initial Inspection Authorization certificate issued under
65.91, $291.
(2) Each practical test administered by the FAA for a mechanic
certificate with an airframe rating or for an added airframe rating,
$409.
(3) Each practical test administered by the FAA for a mechanic
certificate with a powerplant rating or for an added powerplant rating,
$308.
(4) Processing of each practical test administered by a Designated
FAA Examiner for any certificate or added rating, $27.
(d) Hourly rates for certification actions under 145.71 are as
follows:
(1) $47. for each technical hour.
(2) $14. for each clerical hour.
(e) The fees for the initial airman certificates for which evidence
of medical qualification is provided by an FAA medical certificate are
as follows:
(1) Each initial student pilot certificate issued by FAA, $22.
(2) Each initial student pilot certificate issued by a Designated FAA
Examiner, $19.
(3) Each initial certificate issued under 61.75 or 61.77, $19.
(4) Each initial certificate issued under 63.23 or 63.42, $45.
(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. 22052, 47 FR 35694, Aug. 16, 1982)
14 CFR 187.15 PART 189 -- USE OF FEDERAL AVIATION ADMINISTRATION
COMMUNICATIONS SYSTEM
Sec.
189.1 Scope.
189.3 Kinds of messages accepted.
189.5 Charges for messages.
189.7 Limitation of liability.
Authority: Secs. 301(c), 305, 307(b), 313(a), and 314, 72 Stat.
744; 49 U.S.C. 1341(c), 1346, 1348(b), 1354(a), and 1355, and sec.
501, 65 Stat. 290; 31 U.S.C. 483a.
Source: Docket No. 1151, 27 FR 4954, May 26, 1962, unless otherwise
noted.
14 CFR 189.1Scope.
This part describes the kinds of messages that may be transmitted by
FAA communications stations and prescribes the charges therefor.
14 CFR 189.3Kinds of messages accepted.
(a) FAA International Flight Service Stations or FAA Flight Service
Stations located outside of the 48 contiguous States and the District of
Columbia accept for transmission any messages, concerning international
or overseas aircraft operations, described in paragraphs (a) (1) through
(8) of this section. Other FAA Flight Service Stations accept for
transmission only messages described in paragraphs (a) (1) through (6)
of this section, but relay any message described in this section that
was originally accepted for transmission at an FAA Flight Service
Station outside of the 48 contiguous States and the District of
Columbia, or was received from a foreign station of the integrated
international aeronautical network, and that in normal routing would
require transit of the 48 contiguous States and the District of Columbia
to reach an overseas address:
(1) Distress messages and distress traffic.
(2) Messages concerning the safety of human life.
(3) Flight safety messages concerning --
(i) Air traffic control, including --
(a) Messages concerning aircraft in flight or about to depart;
(b) Departure messages;
(c) Flight plan departure messages;
(d) Arrival messages;
(e) Flight plan messages;
(f) Flight notification messages;
(g) Messages concerning flight cancellation; and
(h) Messages concerning delayed departure;
(ii) Position reports from aircraft;
(iii) Messages originated by an aircraft operating agency of
immediate concern to an aircraft in flight or about to depart; and
(iv) Meteorological advice of immediate concern to an aircraft in
flight or about to depart.
(4) Meteorological messages concerning --
(i) Meteorological forecasts;
(ii) Meteorological observations exclusively; or
(iii) Other meteorological information exchanged between
meteorological offices.
(5) Aeronautical administrative messages --
(i) Concerning the operation or maintenance of facilities essential
to the safety or regularity of aircraft operation;
(ii) Essential to efficient functioning of aeronautical
telecommunications; or
(iii) Between civil aviation authorities concerning aircraft
operation.
(6) Notices to airmen.
(7) Flight regularity messages --
(i) Addressed to the point of intended landing and to not more than
two other addressees in the general area of the route segment of the
flight to which the message refers, containing information required for
weight and balance computation and remarks essential to the rapid
unloading of the aircraft;
(ii) Concerning changes, taking effect within 72 hours, in aircraft
operating schedules;
(iii) Concerning the servicing of aircraft en route or scheduled to
depart within 48 hours;
(iv) Concerning changes in the collective requirements for
passengers, crew, or cargo of aircraft en route or about to depart, if
the changes are caused by unavoidable deviations from normal operating
schedules and are necessary for flight regularity;
(v) Concerning non-routine landings to be made by aircraft en route
or about to depart;
(vi) Concerning parts or materials urgently needed to operate
aircraft en route or scheduled to depart within 48 hours; or
(vii) Concerning pre-flight arrangement of air navigation services
and, in the case of non-scheduled or irregular operations, operational
servicing of aircraft scheduled to depart within 48 hours.
(8) Messages originated by and addressed to aircraft operating
agencies or their representatives that directly bear on the efficient
and economic conduct or day to day operations, if adequate non-United
States communication facilities are not available and the messages
concern --
(i) Matter described in paragraph (a)(7) of this section, but not
meeting the time limitations described therein.
(ii) Aircraft parts, equipment, or supplies, air navigation or
communications, or essential ground facilities;
(iii) Train or hotel reservations for passengers or employees;
(iv) Lost baggage or personal effects;
(v) Tickets or cargo shipments and payment therefor;
(vi) Location of passengers and cargo;
(vii) New or revised passenger or cargo rates;
(viii) Crew assignments and similar operations personnel matters
taking effect within 7 days;
(ix) Post flight reports for record purposes;
(x) Publicity and special handling regarding dignitaries; or
(xi) Reservations, when originated by aircraft operating agencies to
secure space required in transport aircraft.
(b) The messages described in paragraphs (a) (1) through (7) of this
section are given priority over the messages described in paragraph
(a)(8) of this section.
14 CFR 189.5Charges for messages.
(a) The messages described in 189.3(a) (1) through (7) are
transmitted without charge.
(b) The charge for a message that, in whole or in part, contains
matters described in 189.3(a)(8), is 25 cents for each ten words, or
part thereof, of text and signature, plus applicable taxes, for each
addressee.
(c) Whenever the refiling of a message with a non-FAA communications
facility is necessary, the refiling is made on a ''collect'' basis at no
cost to, or assumption of liability by, the FAA. The cost of local
telecommunications facilities used for the acceptance or delivery of a
message must be paid by the user.
(d) Charges must be paid in United States currency to the FAA
official in charge of the communications station first receiving the
message, or to any other designated FAA official. However, the
Administrator of the region in which the FAA communications station
first transmitting or receiving the message is located may make advance
arrangements for deferred payment of charges on a periodic basis or in
any specific case where advance payment is not practicable.
(Doc. No. 1151, 27 FR 4954, May 26, 1962, as amended by Amdt. 189-1,
38 FR 9008, Apr. 9, 1973; Amdt. 189-2, 54 FR 39296, Sept. 25, 1989)
14 CFR 189.7Limitation of liability.
The United States is not liable, beyond the amount of the charge
made, for any error or delay, in transmission or delivery, or for
non-delivery, of any message accepted for transmission under this part,
even if the error, delay, or non-delivery is caused by the negligence of
an employee of the United States.
14 CFR 189.7 PART 191 -- WITHHOLDING SECURITY INFORMATION FROM
DISCLOSURE UNDER THE AIR TRANSPORTATION SECURITY ACT OF 1974
Sec.
191.1 Applicability.
191.3 Records and information withheld.
191.5 When disclosure of information is prohibited.
191.7 Records containing both available and unavailable information.
Authority: Secs. 313(a), 316(d)(2), 601, Federal Aviation Act of
1958 (49 U.S.C. 1354(a), 1357(d)(2), 1421); sec. 6(c), Dept. of
Transportation Act (49 U.S.C. 1655(c)).
Source: Docket No. 15855, 41 FR 53777, Dec. 9, 1976, unless
otherwise noted.
14 CFR 191.1Applicability.
(a) This part implements section 316(d)(2) of the Federal Aviation
Act of 1958 (49 U.S.C. 1357(d)(2)) and governs the release of any
record, and any information contained therein, in the possession of the
FAA which has been obtained or developed in the conduct of research and
development activities to develop, modify, test, and evaluate systems,
procedures, facilities, and devices to protect persons and property
aboard aircraft in air transportation or intrastate air transportation
against acts of criminal violence and aircraft piracy.
(b) For the purposes of this part, ''record'' includes any writing,
drawing, map, recording, tape, film, photograph, or other documentary
material by which information is preserved.
14 CFR 191.3Records and information withheld.
(a) Notwithstanding 5 U.S.C. 552, the records described in 191.1(a)
are not made available for public inspection or copying nor is any
information contained in those records released to the public when
disclosure thereof is prohibited by the Director of Civil Aviation
Security or his designee.
(b) Records subject to paragraph (a) of this section include, but are
not limited to, those containing information which pertains to:
(1) Any hijacker profile.
(2) Any profile used in baggage screening.
(3) The security program of any airport.
(4) The security program of any air carrier.
(5) Any device for the detection of any explosive or incendiary
device or weapon.
(6) Any device for protection against, or detection of, cargo theft.
(7) Any contingency security plan.
(8) Any security communications equipment and procedures.
(9) Any threat of sabotage, terrorism or air piracy.
(10) The security program of any indirect air carrier and that
portion of the security program of the United States Postal Service that
relates to security of parcel mail to be transported by air.
(Doc. No. 15855, 41 FR 53777, Dec. 9, 1976, as amended by Amdt.
191-1, 44 FR 72345, Dec. 13, 1979; Amdt. 191-2, 54 FR 39296, Sept. 25,
1989)
14 CFR 191.5When disclosure of information is prohibited.
The Director of Civil Aviation Security or his designee prohibits
disclosure of a record and information contained therein under 191.3 if
in his opinion it would:
(a) Constitute an unwarranted invasion of personal privacy
(including, but not limited to, information contained in any personnel,
medical, or similar file);
(b) Reveal trade secrets or privileged or confidential commercial or
financial information obtained from any person; or
(c) Be detrimental to the safety of persons traveling in air
transportation or intrastate air transportation.
(Doc. No. 15855, 41 FR 53777, Dec. 9, 1976, as amended by Amdt.
191-2, 54 FR 39296, Sept. 25, 1989
14 CFR 191.7Records containing both available and unavailable
information.
If a record contains information that the Director of Civil Aviation
Security or his designee determines cannot be disclosed under this part,
but also contains information that can be disclosed, the latter
information will be provided for public inspection and copying.
(Doc. No. 15855, 41 FR 53777, Dec. 9, 1976; 41 FR 55334, Dec. 20,
1976, as amended by Amdt. 191-2, 54 FR 39296, Sept. 25, 1989)
14 CFR 191.7 SUBCHAPTERS L -- M (RESERVED)
14 CFR 191.7 SUBCHAPTER N -- WAR RISK INSURANCE
14 CFR 191.7 PART 198 -- AVIATION INSURANCE
Sec.
198.1 Eligibility of aircraft for insurance.
198.3 Basis of insurance.
198.5 Types of insurance coverage available.
198.7 Amount of insurance coverage available.
198.9 Application for insurance.
198.11 Change in status of aircraft.
198.13 Premium insurance -- payment of premiums.
198.15 Nonpremium insurance -- payment of registration fees.
Appendix A to Part 198 -- Form of Application named in 198.9
Authority: 49 U.S.C. 1531 through 1542; (49 U.S.C. 106(g)) (Revised
Pub. L. 97-449, Jan. 12, 1983); and 49 CFR 1.47(b).
Source: Docket No. 24223, 50 FR 51336, Dec. 16, 1985, unless
otherwise noted.
14 CFR 198.1 Eligibility of aircraft for insurance.
An aircraft operation is eligible for insurance if:
(a) The President of the United States has determined that the
continuation of that aircraft operation is necessary to carry out the
foreign policy of the United States,
(b) The aircraft operation is in foreign air commerce or between two
or more points all of which are outside the United States; and
(c) The Administrator finds that commercial insurance against loss or
damage arising out of any risk from the aircraft operation cannot be
obtained on reasonable terms and conditions from any company authorized
to engage in an insurance business in a State of the United States.
14 CFR 198.3 Basis of insurance.
(a) Application for insurance with premium may be made if the
eligibility criteria in 198.1 are met. Premiums charged for insurance
shall be based, insofar as practicable, upon consideration of the risk
involved.
(b) Applications for insurance without premium may be made if the
eligibility criteria in 198.1 are met and air services are to be
performed under contract to a Federal agency which has agreed to
indemnify the Administrator, acting for the Secretary of Transportation,
against all losses covered by such insurance.
14 CFR 198.5 Types of insurance coverage available.
Application may be made for insurance against loss or damage with
respect to the following persons, property, or interests:
(a) Aircraft engaged in operations which are eligible for insurance,
as defined in 198.1;
(b) Any person employed or transported on the aircraft referred to in
paragraph (a);
(c) The baggage of persons referred to in paragraph (b);
(d) Cargoes transported or to be transported on the aircraft referred
to in paragraph (a);
(e) Any other liability of the aircraft referred to in paragraph (a)
or of its owner or operator of the nature customarily covered by
insurance.
14 CFR 198.7 Amount of insurance coverage available.
(a) For each aircraft the amount insured may not exceed the amount by
which the applicant has otherwise insured or self-insured the aircraft
or itself against damage or liability arising from any risk. In the
case of hull insurance, the amount insured shall not exceed the fair and
reasonable value of the aircraft.
(b) Policies issued without premium may be revised from time to time,
by agreement of the Federal Aviation Administrator and the insured and
with the approval of the Federal agency on whose behalf contract air
services are to be performed, to add aircraft or contracts or to amend
amounts of coverage if the insured has changed the amount by which it
has otherwise insured or self-insured the aircraft or itself.
14 CFR 198.9 Application for insurance.
(a) Application for premium or nonpremium insurance shall be made in
accordance with the applicable form set forth in Appendix A of this
part. Application for hull and liability insurance shall be filed on
the same form.
(b) Each applicant for insurance with premium under this part also
shall submit to the FAA with its application a letter describing in
detail the operations in which the aircraft is or will be engaged and
stating the type of insurance coverage being sought and the reason it is
being sought.
14 CFR 198.11 Change in status of aircraft.
In the event of sale, lease, confiscation, requisition, total loss,
or any other change in the status of an aircraft covered by insurance
under this part, notice shall be given to the Administrator within 10
working days after the change in status.
14 CFR 198.13 Premium insurance -- payment of premiums.
The premium for insurance issued under this part shall be paid within
10 days after receipt, by the insured, of notice that premium payment is
due. Premiums shall be sent to the Federal Aviation Administrator by
check made payable to the Federal Aviation Administration.
14 CFR 198.15 Nonpremium insurance -- payment of registration fees.
(a) The registration fee for each aircraft to be covered by
nonpremium insurance shall be $200. The fee shall cover the cost of
hull and liability insurance.
(b) An application for nonpremium insurance shall be accomplished by
the proper fee, payable by check to the order of the Federal Aviation
Administration. Registration fees are not returnable unless
applications are rejected.
(c) Requests made after issuance of a nonpremium policy for the
addition of aircraft shall be accompanied by the registration fee for
each aircraft.
14 CFR 198.15 Pt. 198, App. A
14 CFR 198.15 Appendix A to Part 198 -- Form of Application Named in
198.9
Application is made for aviation insurance, pursuant to Title XIII of
the Federal Aviation Act of 1958, as amended, and in accordance with all
provisions of law and subject to all limitations thereof, on the
aircraft described in the attached ''Schedule of Aircraft,'' with the
understanding that this application does not commit the Government to
any liability or make the applicant liable for any premium or fees
unless insurance is effected by the Federal Aviation Administrator.
Name of Applicant
Address
--
Basis of Insurance
( ) Insurance with premium
( ) Insurance without premium:
Contracting Federal Agency
Date and Number of Contract
Amounts set forth in the attached ''Schedule of Aircraft'' as
representing the amount of hull insurance desired for each such aircraft
shall not exceed the amount in effect on the date of this application,
by which the applicant has insured or self-insured that aircraft.
The type and amounts of coverage required for the aircraft described
in the attached ''Schedule of Aircraft'' shall be indicated and the
limits of liability for each such coverage shall be specified in the
schedule, but such limits shall not exceed the corresponding amounts in
effect on the date of this application by which the applicant has
insured or self-insured against liability.
Limits of liability desired for each of the aircraft described in the
attached ''Schedule of Aircraft'' shall be specified.
Insurance shall attach no earlier than the commercial insurance
terminates or at such time as may be specified in the policy.
If application is for insurance with premium, the rate of premium and
the amount of any deductible shall be fixed by the Federal Aviation
Administrator, acting for the Secretary of Transportation. The
registration fee for insurance without premium is $200 per aircraft
listed on the ''Schedule of Aircraft'' and is not returnable unless
application is rejected. Registration fees are due upon application or
revision of the ''Schedule of Aircraft'' adding aircraft and are payable
by check to the Federal Aviation Administration.
The application shall be accompanied by copies of any commercial
insurance policy and any company plan of self-insurance applicable to
the aircraft listed in the ''Schedule of Aircraft.''
The ''Schedule of Aircraft'' attached to policies without premium may
be revised from time to time by agreement of the Federal Aviation
Administrator and the insured and with the approval of the Federal
agency on whose behalf contract air services are to be performed, to add
aircraft or to add contracts.
The application also shall be accompanied by a statement which shall
be considered to be incorporated in the application and to form a part
thereof, and which shall be signed by the same corporate official who
signs the application on behalf of the applicant. The statement shall
show that the applicant:
(a) Controls and operates the aircraft listed in the attached
''Schedule of Aircraft,'' and if application is for insurance without
premium, has committed such aircraft to the above indicated contract(s);
(b) Is maintaining and has maintained during the 6-month period
preceding this application (or since the aircraft was acquired if
acquired during the 6-month period) insurance, including demonstrable
self-insurance, covering possible injury, loss or damage in amounts
which equal or exceed the insurance coverages requested in the
application; and
(c) Cannot obtain insurance of the type requested on reasonable terms
and conditions from companies authorized to engage in an insurance
business in a State of the United States or the District of Columbia, or
has partial commercial insurance coverage, but is unable to obtain the
additional needed insurance of the type requested on reasonable terms
and conditions from such commercial sources;
Verification shall include evidence of premium rate history, the
names of the commercial insurance carriers which have been contacted and
the premium rates quoted by such carriers which applicant considers not
reasonable, and any conditions or limitations which those carriers would
impose or have imposed, such as evidence of cancellation or notice of
cancellation, which would cause their insurance to be inapplicable to
some or all of the operations by aircraft listed in the ''Schedule of
Aircraft.''
If the application is for insurance with respect to a foreign-flag
aircraft, it shall be accompanied by the statement setting forth the
registration number(s) of the aircraft, the nationality of registration,
and the name of the owner or lessee.
The insurance applied for hereunder shall not cover risks to persons
or property engaged or transported exclusively in operations between two
points in the United States as defined in section 101(41) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 1301 (41)).
Applicant warrants that the particulars herein are true and complete
to the best of his or her knowledge and that no information has been
withheld or suppressed.
Applicant agrees that this application, including all attachments
hereto and all revisions of the ''Schedule of Aircraft'' hereinafter
accepted by the Government and the terms and conditions of the form of
policy prescribed by the Federal Aviation Administrator, acting for the
Secretary of Transportation, will constitute the basis of any contract
between him or her and the United States of America.
Applicant
By
--
(Name and Title)
Date XXXXXXXXXXXX
14 CFR 198.15 Schedule of Aircraft
14 CFR 198.15 SUBCHAPTER O -- AIRCRAFT LOAN GUARANTEE PROGRAM
14 CFR 198.15 PART 199 -- AIRCRAFT LOAN GUARANTEE PROGRAM
Sec.
199.1 Applicability.
199.3 Definitions.
199.5 Carriers eligible for an aircraft loan guarantee.
199.7 Alaska and Hawaii.
199.9 Loans made within the Act.
199.11 Conditions and limitations under which loans will be
guaranteed.
199.13 National policy considerations.
199.15 Priorities among otherwise eligible guarantee recipients.
199.17 Terms and conditions of loan.
199.19 Applications.
199.21 Action taken on applications.
199.23 Fees.
199.25 Deviation from terms of agreement or guarantee.
199.27 Delegation of Administrator's functions.
199.29 Notices.
199.31 Full faith and credit.
Appendix A to Part 199 -- Priorities Among Loan Guarantee Applicants
Authority: Act of Sept. 7, 1957 (49 U.S.C. 1324 Note; 82 Stat.
1003), as amended, Pub. L. 95-504, secs. 6(a)(3)(A) and 9 of the Dept.
of Transportation Act (49 U.S.C. 1655(a)(3)(A) and 1657) and sec.
1.4(b)(4) of the Regulations of the Office of the Secretary of
Transportation (49 CFR 1.4(b)(4).
Source: Docket No. 18694, 44 FR 44809, July 30, 1979, unless
otherwise noted.
14 CFR 199.1Applicability.
This part applies to applications for aircraft loan guarantees as
provided by the Act of September 7, 1957 (40 U.S.C. 1324 Note), and as
extended by Pub. L. 90-568 (82 Stat. 1003) and 95-504, and to requests
for approval of deviations from the terms of guarantee and loan
agreements concluded after September 7, 1957.
14 CFR 199.3Definitions.
Act, as used in this part means the Act of September 7, 1957 (49
U.S.C. 1324 Note), as amended.
Carrier, as used in this part, includes air carrier, charter air
carrier, commuter air carrier and intra-state carrier as these terms are
defined in the Act of September 7, 1957, as amended.
Short-term financing, means any loan the term of which is less than
one year.
14 CFR 199.5Carriers eligible for an aircraft loan guarantee.
(a) Only those carriers set forth in section 3 of the Act are
eligible for loan guarantee assistance.
(b) Only those carriers identified in (a) above who are directly
engaged in air transportation are eligible for loan guarantee
assistance.
(c) Only those aircraft purchased by carriers for their own use in
air transportation shall be eligible for a loan guarantee.
14 CFR 199.7Alaska and Hawaii.
(a) The term major portion as used in section 3(1) (b) and (c) of the
Act means a portion which is greater than 50%.
(b) The term operation as used in section 3(1) (b) and (c) of the Act
means a takeoff and the related subsequent landing.
(c) The term adjacent Canadian territory as used in section 3(1)(c)
of the Act means any point in Canada which is within British Columbia or
the Yukon Territory.
14 CFR 199.9Loans made within the Act.
(a) For purposes of determining which loans are eligible for
guarantee under the Act, only those loans for which all financing
documents are in final form, or in which the essential terms and
conditions of the parties' legal commitments are otherwise finally
established, shall be guaranteed.
(b) Loan agreements which are submitted in final form during the life
of the Act shall be deemed to fall within the Act, even if loan amounts
are to be paid over after expiration of the Act.
(c) No guarantee may be authorized for the refinancing of an aircraft
purchase loan. This prohibition will not extend to aircraft purchase
loans which liquidate short-term financing made for deposits on one or
more aircraft so long as such deposits do not exceed 30% of the purchase
price of the aircraft actually purchased.
14 CFR 199.11Conditions and limitations under which loans will be
guaranteed.
(a) Subject to paragraph (b) of this section, no guarantee shall be
made:
(1) Extending to more than the unpaid interest and 90% of the unpaid
principal of any loan;
(2) On any loan or combination of loans for more than 90% of the
purchase price of the aircraft, including spare parts, to be purchased
therewith;
(3) On any loan whose terms permit full repayment more than 15 years
after the date thereof;
(4) Wherein the total face amount of such loan, and of any other
loans to the same carrier, or corporate predecessor of such carrier,
guaranteed and outstanding under the terms of the Act exceeds $100
million;
(5) Unless the Administrator finds that, without such guarantee, in
the amount thereof, the carrier would be unable to obtain necessary
funds for the purchase of needed aircraft on reasonable terms as such
terms are defined in 199.17;
(6) Unless the Administrator finds that the aircraft to be purchased
with the guaranteed loan is needed to improve the service and efficiency
of operation of the carrier;
(7) Unless the Administrator finds that the prospective earning power
--
(i) Of the applicant air carrier or charter air carrier, together
with the character and value of the security pledged, furnish (A)
reasonable assurances of the applicant's ability to repay the loan
within the time fixed therefor, and (B) reasonable protection to the
United States; and
(ii) Of the applicant commuter air carrier or intrastate air carrier,
together with the character and value of the security pledged, furnish
(A) reasonable assurances of the applicant's ability and intention to
repay the loan within the time fixed therefor, to continue its
operations as a commuter air carrier or intrastate air carrier, and to
the extent found necessary by the Administrator to continue its
operations as a commuter air carrier or intrastate air carrier between
the same route or routes being operated by such applicant at the same
time of the loan guarantee, and (B) reasonable protection to the United
States; and
(8) On any loan or combination of loans for the purchases of any new
turbojet-powered aircraft which does not comply with the noise standards
prescribed for new subsonic aircraft in regulations issued by the
Secretary of Transportation acting through the Administrator (14 CFR
part 36), as such regulations were in effect on January 1, 1977.
(b) No guarantee may be made by the Administrator under paragraph (a)
of this section on any loan for the purchase of any all-cargo
nonconvertible aircraft by any charter air carrier in an amount which,
together with any other loans guaranteed and outstanding under this Act
to such charter air carrier, or corporate predecessor of such charter
air carrier, would result in the ratio of the total face amount of such
loans to $100 million exceeding the ratio of the amount of charter air
transportation of such charter air carrier provided to medium, small,
and nonhub airports during the twelve-month period preceding the date on
which the application for such guarantee is made by such charter air
carrier to the total amount of charter air transportation of such air
carrier during such twelve-month period.
14 CFR 199.13National policy considerations.
No loan which is contrary to law or to the economic, social or
foreign affairs interest or policies of the United States may be
guaranteed.
14 CFR 199.15Priorities among otherwise eligible guarantee recipients.
(a) In the administration of this program the FAA may from time to
time, find it necessary to establish priorities among otherwise eligible
guarantee applicants.
(b) FAA policy with respect to priorities will be published as
Appendix A to this part. Changes to Appendix A will be announced, as
necessary, by a general notice published in the Federal Register.
14 CFR 199.17Terms and conditions of loan.
No loan shall be guaranteed if its terms and conditions, including
any default provisions, are substantially less favorable to the
purchaser or guarantor than those which are available in the marketplace
for similar transactions at the time of the loan.
14 CFR 199.19Applications.
(a) The lender shall make application for an aircraft loan guarantee
under this part by filing with the Associate Administrator for Policy
and International Aviation API-1 of the FAA an original and five copies
of Form FAA 2950-1 and Form FAA 2950-2 prepared by the lender and air
carrier, respectively, together with an original and four copies of any
supporting documents. These forms may be obtained from the Federal
Aviation Administration, Associate Administrator for Policy and
International Aviation API-1, 800 Independence Avenue, SW., Washington,
D.C. 20591.
(b) Application forms (FAA 2950-1 and 2950-2) shall be completed in
accordance with instructions which will be mailed together with the
requested applications.
(Act of Sept. 7, 1957 (49 U.S.C. 1324; 82 Stat. 1003), as amended,
Pub. L. 95-504; (49 U.S.C. 106(g)) (Rev., Pub. L. 97-449, Jan. 12,
1983); and 49 CFR 1.4(c))
(Doc. No. 18694, 44 FR 44809, July 30, 1979, as amended by Amdt.
199-1, 49 FR 14930, Apr. 16, 1984)
14 CFR 199.21Action taken on applications.
(a) Upon receipt of a completed application the Administrator may use
available services and facilities of other agencies and
instrumentalities of the Federal Government in carrying out the
provisions of these regulations.
(b) The Administrator may approve or disapprove applications based on
whether or not the requirements and standards of these regulations have
been met.
(c) Upon approval of an application, the Administrator may execute
any necessary guarantee agreement and such amendments to the guarantee
agreement as from time to time become necessary.
14 CFR 199.23Fees.
Any lender to whom a guarantee under this part is issued shall pay to
the Administrator a guarantee fee computed at the rate of 1/4 of one
percent per annum (based on the actual number of days elapsed) on the
average daily amount of the guaranteed portion of the unpaid principal
outstanding during the interest period defined in the loan agreement.
14 CFR 199.25Deviation from terms of agreement or guarantee.
No deviation from the terms of any guarantee agreements made after
September 7, 1957, or from the terms of any underlying loan agreements
approved as a part of a loan guarantee transaction shall be made without
prior review of each deviation and approval by the Administrator.
Requests for such approval shall be made in writing and sent along with
appropriate supporting documentation to the Director of Aviation Policy
and Plans, APO-1, 800 Independence Ave. SW., Washington, DC 20591.
(Act of Sept. 7, 1957 (49 U.S.C. 1324; 82 Stat. 1003), as amended,
Pub. L. 95-504; (49 U.S.C. 106(g)) (Rev., Pub. L. 97-449, Jan. 12,
1983); and 49 CFR 1.4(c))
(Doc. No. 18694, 44 FR 44809, July 30, 1979, as amended by Amdt.
199-1, 49 FR 14930, Apr. 16, 1984; Amdt. 199-2, 54 FR 39296, Sept. 25,
1989)
14 CFR 199.27Delegation of Administrator's functions.
The functions of the Administrator under this part are exercised by
the Associate Administrator for Policy and International Aviation API-1
of the FAA in consultation with the Chief Counsel of the FAA.
(Act of Sept. 7, 1957 (49 U.S.C. 1324; 82 Stat. 1003), as amended,
Pub. L. 95-504; (49 U.S.C. 106(g)) (Rev., Pub. L. 97-449, Jan. 12,
1983); and 49 CFR 1.4(c))
(Doc. No. 18694, 44 FR 44809, July 30, 1979, as amended by Amdt.
199-1, 49 FR 14930, Apr. 16, 1984; Amdt. 199-2, 54 FR 39296, Sept. 25,
1989)
14 CFR 199.29Notices.
All correspondence required by this part shall be addressed to the
Associate Administrator for Policy and International Aviation API-1,
Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, D.C. 20591.
(Act of Sept. 7, 1957 (49 U.S.C. 1324; 82 Stat. 1003), as amended,
Pub. L. 95-504; 49 U.S.C. 106(g) (Rev., Pub. L. 97-449, Jan. 12,
1983); and 49 CFR 1.4(c))
(Doc. No. 18694, 44 FR 44809, July 30, 1979, as amended by Amdt.
199-1, 49 FR 14930, Apr. 16, 1984)
14 CFR 199.31Full faith and credit.
Any guarantee which is issued pursuant to this part shall be secured
by and entitled to the full faith and credit of the United States.
14 CFR 199.31 Pt. 199, App. A
14 CFR 199.31 Appendix A to Part 199 -- Priorities Among Loan Guarantee
Applicants
(1) Scope. This appendix contains priorities for otherwise eligible
loan guarantee applicants under the FAA's Aircraft Loan Guarantee
Program.
(2) Priorities. In the event that, by reason of law or public
policy, a limitation is placed or becomes necessary upon the dollar
amount or number of guarantees made under the Act, the FAA will set
aside a portion of the available guarantee assistance as determined by
the Administrator for the first or exclusive use of commuter air
carriers. The nonsetaside portion of available assistance will be
allocated to eligible carriers in the order of their demonstrated
service to the smaller communities. In determining service to smaller
communities, FAA will consider first the service rendered to those
communities designated as eligible for essential air service by the
Office of the Secretary of Transportation under 419 of the Federal
Aviation Act; then to service rendered to non-hub communities as that
term is defined in the latest edition of the publication entitled
''Airport Activity Statistics of Certificated Route Air Carriers,'' and
finally, to service rendered to ''small hubs,'' as defined in that
publication. In establishing the size of the set aside portion in any
fiscal year, the Administrator will take into account the air
transportation needs of the United States; the views of the Congress as
they may, from time to time, be expressed; and the basic purposes of
the Act, and of Pub. L. 95-504.
(Doc. No. 18694, 44 FR 44809, July 30, 1979, as amended by Amdt.
199-2, 54 FR 39296, Sept. 25, 1989
14 CFR 199.31 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
Title 14 -- Aeronautics and Space
Material Approved for Incorporation by Reference
Material Approved for Incorporation by Reference
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR Part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
14 CFR 199.31 14 CFR CHAPTER I (PARTS 140-199)
FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
14 CFR
American National Standards Institute
1430 Broadway, New York, NY 10018
International Electrotechnical Commission Pub. No. 179, Precision
Sound Level Meters Part 150, A150.9
Federal Aviation Administration
National Flight Data Center, 800 Independence Ave. SW., Washington,
D.C. 20590
Federal Aviation Administration Advisory Circulars:
Copies of FAA Advisory Circulars are available from the addresses
listed at the end of this table.
150/5100-12 Electron Navigational Aids Approved for Funding Under the
Airport Development Aid Program (ADAP) (1976) 152.11
150/5190-3A Model Airport Hazard Zoning Ordinance (1972) 152.11
150/5210-7A Aircraft Fire and Rescue Communications (1972) 152.11
150/5210-10 Airport Fire and Rescue Equipment Building Guide (1967)
152.11
150/5300-2C Airport Design Standards -- Site Requirements for
Terminal Navigational Facilities (Through change 1, 1976) 152.11
150/5300-4B Utility Airports -- Air Access to National Transportation
(Through change 1, 1976) 152.11
150/5300-6 Airport Design Standards -- General Aviation Airports --
Basic and General Transport (Through change 2, 1969) 152.11
150/5300-8 Planning and Design Criteria for Metropolitan STOL Ports
(1970) 152.11
150/5320-5B Airport Drainage (1970) 152.11
150/5320-6B Airport Pavement Design and Evaluation (Through change 1,
1974) 152.11
150/5320-10 Environmental Enhancement at Airports -- Industrial Waste
Treatment (1974) 152.11
150/5320-12 Methods for the Design, Construction, and Maintenance of
Skid Resistant Airport Pavement Surfaces (1975) 152.11
150/5325-2C Airport Design Standards -- Airports Served by Air
Carriers -- Surface Gradient and Line-of-Sight (Through change 1, 1975)
152.11
150/5325-4 Runway Length Requirements for Airport Design (1977)
152.11
150/5325-6A Airport Design Standards -- Effect and Treatment of Jet
Blast (1972) 152.11
150/5325-8 Compass Calibration Pad (1969) 152.11
150/5335-1A Airport Design Standards -- Airports Served by Air
Carriers -- Taxiways (1970, through change 2, 1976) 152.11
150/5335-2 Airport Aprons (1965) 152.11
150/5335-3 Airport Design Standards -- Airports Served by Air
Carriers -- Bridges and Tunnels on Airports (1971) 152.11
150/5335-4 Airport Design Standards -- Airports Served by Air
Carriers -- Runway Geometrics (Through change 1, 1976) 152.11
150/5340-1D Marking of Paved Areas on Airports (1973) 152.11
150/5340-4C Installation Details for Runway Centerline and Touchdown
Zone Lighting Systems (Through change 1, 1975) 152.11
150/5340-5A Segmented Circle Airport Marker System (1971) 152.11
150/5340-8 Airport 51-foot Tubular Beacon Tower (1964) 152.11
150/5340-14B Economy Approach Lighting Aids (Through change 2, 1975)
152.11
150/5340-17A Standby Power for Non-FAA Airport Lighting System (1971)
152.11
150/5340-18 Taxiway Guidance Sign System (1968) 152.11
150/5340-19 Taxiway Centerline Lighting System (1968) 152.11
150/5340-20 Installation Details and Maintenance Standards for
Reflective Markers for Airport Runway and Taxiway Centerlines (1969)
152.11
150/5340-21 Airport Miscellaneous Lighting Visual Aids (1971) 152.11
150/5340-22 Maintenance Guide for Determining Degradation and
Cleaning of Centerline and Touchdown Zone Lights (1971, change 1, 1976)
152.11
150/5340-23A Supplemental Wind Cones (1975) 152.11
150/5340-24 Runway and Taxiway Edge Lighting System (1975) 152.11
150/5340-25 Visual Approach Slope Indicator (VASI) Systems (Through
change 1, 1977) 152.11
150/5345-1E Approved Airport Lighting Equipment (Through change 1,
1977) 152.11
150/5345-2 Specifications for L-810 Obstruction Light (through change
1, 1963) 152.11
150/5345-3C Specification for L-821 Panels for Remote Control of
Airport Lighting (1977) 152.11
150/5345-4 Specification for L-829 Internally Lighted Airport Taxi
Guidance Sign (Through change 1, 1967) 152.11
150/5345-5 Specification for L-847 Circuit Selector Switch, 5,000
Volt 20 Ampere (1963) 152.11
150/5345-7C Specification for L-824 Underground Electrical Cable for
Airport Lighting Circuits (1976) 152.11
150/5345-10C Specification for L-828 Constant Current Regulators
(1971) 152.11
150/5345-11 Specification for L-812 Static Indoor Type Constant
Current Regulator Assembly; 4 KW and 7 1/2 KW, With Brightness Control
for Remote Operation (1964) 152.11
150/5345-12A Specification for L-801 Beacon (Through change 1, 1974)
152.11
150/5345-13 Specification for L-841 Auxiliary Relay Cabinet Assembly
for Pilot Control of Airport Lighting Circuits (1964) 152.11
150/5345-18 Specification for L-811 Static Indoor Type Constant
Current Regulator Assembly, 4 KW; With Brightness Control and Runway
Selection for Direct Operation (Through change 1, 1975) 152.11
150/5345-21 Specification for L-813 Static Indoor Type Constant
Current Regulator Assembly; 4 KW and 7 1/2 KW; for Remote Operation of
Taxiway Lights (1964) 152.11
150/5345-26A Specification for L-823 Plug and Receptacle, Cable
Connectors (Through change 1, 1971) 152.11
150/5345-27A Specification for L-807 Eight-foot and Twelve-foot
Unlighted or Externally Lighted Wind Cone Assemblies (1969) 152.11
150/5345-28C Specification L-851 Visual Approach Slope Indicators and
Accessories (1977) 152.11
150/5345-36 Specification for L-808 Lighted Wind Tee (1965) 152.11
150/5345-39A FAA Specification for L-853, Runway and Taxiway
Retroreflective Markers (1971) 152.11
150/5345-42A FAA Specification L-857, Airport Light Bases,
Transformer Housings, and Junction Boxes (Through change 1, 1975) 152.11
150/5345-43B FAA/DOD Specification L-856, High Intensity Obstruction
Lighting Systems (1973) 152.11
150/5345-44A Specification for L-858 Retroreflective Taxiway Guidance
Sign (1971) 152.11
150/5345-45 Lightweight Approach Light Structure (1973) 152.11
150/5345-46 Specification for Semiflush Airport Lights (Through
change 1, 1975) 152.11
150/5345-47 Isolation Transformers for Airport Lighting Systems
(1975) 152.11
150/5345-48 Specification for Runway and Taxiway Edge Lights (Thorugh
change 1, 1976) 152.11
150/5360-6 Airport Terminal Building Development with Federal
Participation (1976) 152.11
150/5360-7 Planning and Design Considerations for Airport Terminal
Building Development (1976) 152.11
150/5370-7 Airport Construction Controls to Prevent Air Water
Pollution (1971) 152.11
150/5370-9 Slip-Form Paving -- Portland Cement Concrete (1973) 152.11
150/5370-10 Standards for Specifying Construction of Airports (1974)
152.11
150/5370-11 Use of Nondestructive Testing Devices in the Evaluation
of Airport Pavements (1976) 152.11
150/5390-1A Heliport Design Guide (1969) 152.11
36-3B Estimated Airplane Noise Levels in A-Weighted Decibels (1981)
159.40
Address Table for Federal Aviation Administration Advisory Circulars:
FAA Distribution Unit, M-443.1, Department of Transportation
Warehouse, 1725 15th St. NE., Washington, D.C. 20002
Airports Division, ANE-600, Federal Aviation Administration, 12 New
England Executive Park, Burlington, MA 01803
Airports Division, AEA-600, Federal Aviation Administration, Federal
Bldg., Room 329, John F. Kennedy International Airport, Jamaica, NY
11430
Airports District Office, ADO-NYC, Federal Aviation Administration,
Colonial Bldg., 181 S. Franklin Ave., Valley Stream, NY 11581
Airports District Office, ADO-HAR, Federal Aviation Administration,
Terminal Bldg., Capital City Airport, New Cumberland, PA 17070
Airports District Office, ADO-WASH, Federal Aviation Administration,
900 S. Washington St., Falls Church, VA 22046
Airports Field Office, Federal Aviation Administration, Route 9 --
Box 31-C, Beaver, WV 25813
Airports Division, ASO-600, Federal Aviation Administration, 3400
Whipple St., East Point, GA 30344
Airports District Office, ADO-ATL, Federal Aviation Administration,
Suite C, Room 116, 1568 Willingham Dr., College Park, GA 30337
Airports District Office, ADO-MIA, Federal Aviation Administration,
FAA/NWS Bldg., Miami International Airport, Miami, FL 33159
Airports District Office, ADO-MEM, Federal Aviation Administration,
3973 Knight Arnold Rd., Suite 103, Memphis, TN 38118
Airports District Office, ADO-JAN, Federal Aviation Administration,
FAA Bldg. -- Municipal Airport, Jackson, MS 39208
Airports Division, AGL-600, Federal Aviation Administration, 2300 E.
Devon Ave., Des Plaines, IL 60018
Airports District Office, CHI-ADO, Federal Aviation Administration,
2300 E. Devon Ave., Des Plaines, IL 60018
Airports District Office, DET-ADO, Federal Aviation Administration,
Bdlg. 358, Detroit Metropolitan Airport, Detroit, MI 48242
Airports District Office, MSP-ADO, Federal Aviation Administration,
6301 34th Ave. South, Minneapolis, MN 55450
Airports Division, ACE-600, Federal Aviation Administration, Federal
Bldg., 601 E. 12th St., Kansas City, MO 64106
Airports Division, ASW-600, Federal Aviation Administration, 4400
Blue Mound Rd., Fort Worth, TX 76131
Airports District Office, ASW-HOU-ADO, Federal Aviation
Administration, Wm. P. Hobby Airport, 8800 Paul B. Koonce Dr.,
Houston, TX 77061
Airports District Office, ASW-ABQ-ADO, Federal Aviation
Administration, NWS/FAA Bldg., Albuquerque International Airport, P.O.
Box 9253, Albuquerque, NM 87119
Airports District Office, ASW-OKC-ADO, Federal Aviation
Administration, FAA Bldg., Room 204, Wiley Post Airport, Bethany, OK
73008
Airports Division, ARM-600, Federal Aviation Administration, 10455 E.
25th Ave., Aurora, CO 80010
Airports Field Office, BIS-662, Federal Aviation Administration, 2000
Airport Rd., Bismarck, ND 58501
Airports Field Office, HLN-662, Federal Aviation Administration, FAA
Bldg., Room 2, Helena County Airport, Helena, MT 59601
Airports Division, ANW-600, Federal Aviation Administration, FAA
Bldg., Boeing Field, King County International Airport, Seattle, WA
98108
Airports Division, AWE-600, Federal Aviation Administration, 15000
Aviation Blvd., Lawndale, CA 90261
Airports Field Office, AWE-680, Federal Aviation Administration,
15000 Aviation Blvd., Lawndale, CA 90261
Airports Field Office, SFO-680, Federal Aviation Administration, 831
Mitten Rd., Burlingame, CA 94010
Airports Division, AAL-600, Federal Aviation Administration,
Anchorage Federal Office Bldg., P.O. Box 14, 701 C. St., Anchorage, AL
99513
Airports Division, APC-600, Federal Aviation Administration, Prince
Jonah Kuhio Kalanianaole Bldg., 300 Ala Moana Blvd., Honolulu, HI 96813
Technical Standard Orders:
United States Flight Inspection Manual (3d Ed., May, 1963) 171.71
United States Standard for Technical Instrument Procedures (3d Ed.,
July, 1976) 171.71
International Civil Aviation Organization
Attention: Distribution Officer, P.O. Box 400, Succursale: Place de
l'Aviation Internationale, 1000 Sherbrooke St. West, Montreal, Quebec,
Canada, H3A 2R2
Annex 10 to the Convention on International Civil Aviation (2d Ed.,
Vol. I, Apr. 1965) 171.71
Chap.
14 CFR 199.31 Table of CFR Titles and Chapters
14 CFR 199.31 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
14 CFR 199.31 Title 2 -- (Reserved)
14 CFR 199.31 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
14 CFR 199.31 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
III General Accounting Office (CASB) (Parts 300 -- 499)
14 CFR 199.31 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Council (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
14 CFR 199.31 Title 6 -- (Reserved)
14 CFR 199.31 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
14 CFR 199.31 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
14 CFR 199.31 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
14 CFR 199.31 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
14 CFR 199.31 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
14 CFR 199.31 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
14 CFR 199.31 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
14 CFR 199.31 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
14 CFR 199.31 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
14 CFR 199.31 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
14 CFR 199.31 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
14 CFR 199.31 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
14 CFR 199.31 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
14 CFR 199.31 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
14 CFR 199.31 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
14 CFR 199.31 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
14 CFR 199.31 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
14 CFR 199.31 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
14 CFR 199.31 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
14 CFR 199.31 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
14 CFR 199.31 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
14 CFR 199.31 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
14 CFR 199.31 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200-1299)
XII Federal Mediation and Conciliation Service (Parts 1400-1499)
XIV Equal Employment Opportunity Commission (Parts 1600-1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
14 CFR 199.31 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
14 CFR 199.31 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
14 CFR 199.31 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200-1299)
XVI Selective Service System (Parts 1600-1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
14 CFR 199.31 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
14 CFR 199.31 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
14 CFR 199.31 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
14 CFR 199.31 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900-999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
14 CFR 199.31 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400-499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
14 CFR 199.31 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
14 CFR 199.31 Title 39 -- Postal Service
I United States Postal Service (Parts 1-999)
III Postal Rate Commission (Parts 3000 -- 3099)
14 CFR 199.31 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500-1599)
14 CFR 199.31 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
14 CFR 199.31 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
14 CFR 199.31 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
14 CFR 199.31 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
14 CFR 199.31 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Family Support
Administration, Department of Health and Human Services (Parts 200 --
299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Family Support Administration, Department of Health and Human
Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Family Support Administration,
Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Family Support Administration,
Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XX Commission on the Bicentennial of the United States Constitution
(Parts 2000 -- 2099)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (2200 --
2299)
14 CFR 199.31 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
14 CFR 199.31 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
14 CFR 199.31 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900-9999)
14 CFR 199.31 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Urban Mass Transportation Administration, Department of
Transportation (Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
14 CFR 199.31 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
14 CFR 199.31 CFR Index and Finding Aids Subject/Agency Index List
of Agency Prepared Indexes Parallel Tables of Statutory Authorities and
Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
14 CFR 199.31 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Reduction in Meeting and Training Allowance Payments 41, 304
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Office of Navajo and Hopi Indian Relocation 25, IV
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
14 CFR 199.31 14 CFR (1-1-92 Edition)
14 CFR 199.31 List of CFR Sections Affected
14 CFR 199.31 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven
separate volumes.
14 CFR 199.31 1986
14 CFR
51 FR
Page
Chapter I
159 Authority citation revised 43587
159.59 Revised; eff. 3-1-87 43587
159.60 Removed 43587
159.191 Removed; eff. 3-1-87 43587
171 Authority citation revised 33177
171.301 -- 171.327 (Subpart J) Revised 33177
14 CFR 199.31 1987
14 CFR
52 FR
Page
Chapter I
159 Authority citation revised 21504,21910
159.79 Revised 21504
(a)(1)(i) corrected 23762
159.89 (a) revised; (c) added 21504
159.181 Revised 21910
Technical correction 23762
159.183 Revised 21911
Technical correction 23762
159.184 Added 21911
Technical correction 23762
159.185 Revised 21911
Technical correction 23762
171 Policy statement 20703
14 CFR 199.31 1988
14 CFR
53 FR
Page
Chapter I
145 Special FAA Reg. No. 36 amended; eff. 1-23-89 49523
Technical correction 49378
145.47 (c) redesignated as (d); new (c) added 47375
145.71 Revised 47376
145.73 Revised 47376
150 Authority citation revised 8723
Request for comments 44554
150.3 Amended 8723
150.7 Amended 8724
Corrected 9726
150 Appendix A amended 8724
156 Added 41303
Technical correction 46869
14 CFR 199.31 1989
14 CFR
54 FR
Page
Chapter I
141 Technical correction 37636, 46724
141.18 Amended; eff. 8-18-90 34332
141.25 Amended 39295
141.41 (a)(1)(iii) and (2)(iii) amended; eff. 8-18-90 34332
141.53 (b) amended 39295
141.67 Amended 39295
141.87 (a) amended 39295
141.91 (d) amended 39295
141.93 (b) amended 39295
145 SFAR No. 36 amended 39295
Technical correction 46724
150 Technical correction 46724
150.7 Amended 39295
150.13 (e)(1) amended 39295
150.21 Amended 39295
150.23 Amended 39295
150.31 Amended 39295
150.33 (e) amended 39295
150.35 Amended 39295
153 Technical correction 46724
153.5 Amended 39295
169 Technical correction 46724
169.3 (a) amended 39295
169.5 (d) amended 39295
171 Technical correction 46724
171.73 Amended 39296
171.75 (a) and (b) amended 39296
183 Technical correction 46724
183.11 (c) (1), (2), (d), and (e) amended 39296
183.15 (b) amended 39296
183.25 (c)(2) amended 39296
183.29 (i) amended 39296
183.33 (a) revised 39296
185 Technical correction 46724
185.5 Amended 39296
189 Technical correction 46724
189.5 (d) amended 39296
191 Technical correction 46724
191.3 (a) amended 39296
191.5 Amended 39296
191.7 Amended 39296
199 Technical correction 46724
199.25 Amended 39296
199.27 Amended 39296
Corrected 52872
199 Appendix A amended 39296
14 CFR 199.31 1990
14 CFR
55 FR
Page
Chapter I
157 Revised; eff. 2-27-91 34998
14 CFR 199.31 1991
14 CFR
56 FR
Page
Chapter I
141 Authority citation revised 11327
Technical correction 13211
141.29 Removed 11327
141.35 (a), (b) introductory text, (1), (3)(ii), (c) introductory
text, (1), (4)(ii), (d) introductory text, (1), (3)(ii) and (e) revised;
(b)(4), (c)(5) and (d)(4) removed 11327
141.36 Added 11327
141.85 (b) revised 11328
141.91 (a) and (c) revised 11328
141 Appendix A, F and H amended 11328
157 Regulation at 55 FR 34998 effective date delayed to 8-30-91 8675
Revised 33996
158 Added 24278
158.15 (b)(5) corrected 37127
158.25 (c)(1)(iv) corrected 37127
158.27 (c)(4) revised 30687
158.29 (b)(1)(iv) revised 30687
158.33 (c)(1)(iii) corrected 37127
158.47 (a) and (c)(3) corrected 37127
158.53 (a) corrected 37127
161 Added 48698
161.103 (b) introductory text corrected 51258
161.403 (d) corrected 51258
170 Added 341
Authority citation corrected 1059
171 Authority citation revised; eff. 9-16-93 65664
171.9 (e)(1) and (2) revised; eff. 9-16-93 65664
171.29 (d)(1) and (2) revised; eff. 9-16-93 65664
171.49 (e) revised; eff. 9-16-93 65664
171.113 (f) revised; eff. 9-16-93 65664
171.159 (e)(1) and (2) revised; eff. 9-16-93 65665
171.209 (d) revised; eff. 9-16-93 65665
171.271 (e) revised; eff. 9-16-93 65665
171.323 (i) revised; eff. 9-16-93 65665
14
Aeronautics and Space
PARTS 140 TO 199
Revised as of January 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JANUARY 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
14 CFR 199.31 Table of Contents
Page
Explanation v
Title 14:
Chapter I -- Federal Aviation Administration, Department of
Transportation (Continued)
Finding Aids:
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
14 CFR 199.31 Explanation
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16 as of January 1
Title 17 through Title 27 as of April 1
Title 28 through Title 41 as of July 1
Title 42 through Title 50 as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires Federal
agencies to display an OMB control number with their information
collection request. Many agencies have begun publishing numerous OMB
control numbers as amendments to existing regulations in the CFR. These
OMB numbers are placed as close as possible to the applicable
recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on
which approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you
find the material is not available, please notify the Director of the
Federal Register, National Archives and Records Administration,
Washington DC 20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-523-3517). All mail order sales are
handled exclusively by the Superintendent of Documents, Attn: New
Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. Charge orders may
be telephoned to the Government Printing Office order desk at
202-783-3238.
Martha L. Girard,
Director,
Office of the Federal Register.
January 1, 1992.
14 CFR 199.31 THIS TITLE
Title 14 -- Aeronautics and Space is composed of five volumes. The
parts in these volumes are arranged in the following order: parts 1-59,
60-139, 140-199, 200-1199, and part 1200-End. The first three volumes
containing parts 1-199 are comprised of chapter I -- Federal Aviation
Administration, Department of Transportation (DOT). The fourth volume
containing parts 200-1199 is comprised of chapter II -- Office of the
Secretary, DOT (Aviation Proceedings) and chapter III -- Office of
Commercial Space Transportation, DOT. The fifth volume containing part
1200-End is comprised of chapter V -- National Aeronautics and Space
Administration. The contents of these volumes represent all current
regulations codified under this title of the CFR as of January 1, 1992.
A redesignation table appears in the Finding Aids section of the
volume containing parts 60-139.
For this volume Kent H. Giles was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Richard L.
Claypoole, assisted by Alomha S. Morris.
14 CFR 0.0 14 CFR Ch. II (1-1-92 Edition)
14 CFR 0.0 Office of the Secretary, DOT
14 CFR 0.0 Title 14 -- Aeronautics and Space
14 CFR 0.0 (This book contains Parts 200 to 1199)
Part
chapter ii -- Office of the Secretary, Department of Transportation
(Aviation Proceedings) 200
chapter iii -- Office of Commercial Space Transportation, Department
of Transportation 400
14 CFR 0.0 14 CFR Ch. II (1-1-92 Edition)
14 CFR 0.0 Office of the Secretary, DOT
14 CFR 0.0 CHAPTER II -- OFFICE OF THE SECRETARY, DEPARTMENT OF
TRANSPORTATION (AVIATION PROCEEDINGS)
Editorial Note: Chapter II was transferred from the Civil
Aeronautics Board to the Department of Transportation on January 1,
1985. For a document giving the disposition of CAB regulations once the
Agency ceased to exist, see 50 FR 452, Jan. 4, 1985.
14 CFR 0.0 SUBCHAPTER A -- ECONOMIC REGULATIONS
Part
Page
200 Definitions and instructions
201 Applications for certificates of public convenience and necessity
202 Certificates authorizing scheduled route service: Terms,
conditions, and limitations
203 Waiver of Warsaw Convention liability limits and defenses
204 Data to support fitness determinations
205 Aircraft accident liability insurance
206 Certificates of public convenience and necessity: Special
authorizations
207 Charter trips and special services
208 Terms, conditions and limitations of certificates to engage in
charter air transportation
211 Applications for permits to foreign air carriers
212 Charter trips by foreign air carriers
213 Terms, conditions and limitations of foreign air carrier permits
214 Terms, conditions and limitations of foreign air carrier permits
authorizing charter transportation only
215 Use and change of names of air carriers, foreign air carriers and
commuter air carriers
216 Commingling of blind sector traffic by foreign air carriers
217 Reporting data pertaining to civil aircraft charters performed by
U.S. certificated and foreign air carriers
218 Lease by foreign air carrier or other foreign person of aircraft
with crew
221 Tariffs
222 Intermodal cargo services by foreign air carriers
223 Free and reduced-rate transportation
228 Embargoes on property
231 Exemption from schedule filing
232 Transportation of mail, review of orders of Postmaster General
234 Airline service quality performance reports
235 Reinvestment of gains derived from the sale or other disposition
of flight equipment
240 Inspection of accounts and property
241 Uniform system of accounts and reports for large certificated air
carriers
247 Direct airport-to-airport mileage records
248 Submission of audit reports
249 Preservation of air carrier records
250 Oversales
252 Smoking aboard aircraft
253 Notice of terms of contract of carriage
254 Domestic baggage liability
255 Carrier-owned computer reservation systems
256 Display of joint operations in carrier-owned computer
reservations systems
263 Participation of air carrier associations in Board proceedings
270 Criteria for designating eligible points
271 Guidelines for subsidizing air carriers providing essential air
transportation
272 Essential air transportation to the Freely Associated States
288 Exemption of air carriers for military transportation
291 Domestic cargo transportation
292 Classification and exemption of Alaskan air carriers
294 Canadian charter air taxi operators
296 Indirect air transportation of property
297 Foreign air freight forwarders and foreign cooperative shippers
associations
298 Exemptions for air taxi operations
14 CFR 0.0
14 CFR 0.0 SUBCHAPTER B -- PROCEDURAL REGULATIONS
300 Rules of conduct in DOT proceedings under this chapter
302 Rules of practice in proceedings
303 Review of air carrier agreements
305 Rules of practice in informal nonpublic investigations
310 Inspection and copying of DOT opinions, orders, and records
310a Access to systems of records -- regulations and exemptions
implementing the Privacy Act of 1974
311 Classification and declassification of national security
information and material
313 Implementation of the Energy Policy and Conservation Act
314 Employee Protection Program
320 Procedures for awarding Japanese charter authorizations
323 Terminations, suspensions, and reductions of service
324 Procedures for compensating air carriers for losses
325 Essential air service procedures
326 Procedures for bumping subsidized air carriers from eligible
points
14 CFR 0.0
14 CFR 0.0 SUBCHAPTER C -- (RESERVED)
14 CFR 0.0 SUBCHAPTER D -- SPECIAL REGULATIONS
372 Overseas military personnel charters
373 Implementation of the Equal Access to Justice Act
374 Implementation of the Consumer Credit Protection Act with respect
to air carriers and foreign air carriers
374a Extension of credit by airlines to Federal political candidates
375 Navigation of foreign civil aircraft within the United States
377 Continuance of expired authorizations by operation of law pending
final determination of applications for renewal thereof
379 Nondiscrimination in federally assisted programs of the Board --
Effectuation of Title VI of the Civil Rights Act of 1964
380 Public charters
382 Nondiscrimination on the basis of handicap in air travel
14 CFR 0.0
14 CFR 0.0 SUBCHAPTER E -- ORGANIZATION
384 Statement of organization, delegation of authority, and
availability of records and information
385 Staff assignments and review of action under assignments
387 Organization and operation during emergency conditions
389 Fees and charges for special services
14 CFR 0.0
14 CFR 0.0 SUBCHAPTER F -- POLICY STATEMENTS
398 Guidelines for individual determinations of essential air
transportation
399 Statements of general policy
14 CFR 0.0
14 CFR 0.0 14 CFR Ch. II (1-1-92 Edition)
14 CFR 0.0 Office of the Secretary, DOT
14 CFR 0.0 SUBCHAPTER A -- ECONOMIC REGULATIONS
14 CFR 0.0 PART 200 -- DEFINITIONS AND INSTRUCTIONS
Sec.
200.1 Board.
200.2 Act.
200.3 Section.
200.4 Rule, regulation, and order.
200.5 Other terms.
200.6 Terms defined by Act.
200.7 Instructions.
200.8 Supplemental air carrier.
Authority: Sec. 204, 72 Stat. 743, as amended; 49 U.S.C. 1324.
Source: ER-146, 14 FR 3524, June 29, 1949, unless otherwise noted.
14 CFR 200.1 Board.
The term ''Board'' means the Civil Aeronautics Board.
14 CFR 200.2 Act.
The term ''Act'' means the Federal Aviation Act of 1958. All orders,
certificates, rules, regulations, notices, and other documents issued by
the Board or under its authority and referring to the Federal Aviation
Act of 1958, or to certain provisions thereof, shall be deemed to refer
also to the Civil Aeronautics Act of 1938, as amended, or to the
corresponding provisions thereof, to the extent the latter Act, or
corresponding provisions thereof, may be applicable.
(ER-248, 24 FR 417, Jan. 17, 1959)
14 CFR 200.3 Section.
The term ''section'' refers to a section of the act or a section of
the regulations in this chapter, as indicated by the context.
14 CFR 200.4 Rule, regulation, and order.
The terms ''rule'', ''regulation'', and ''order'' refer to the rules,
regulations, and orders prescribed by the Board pursuant to the act.
14 CFR 200.5 Other terms.
The terms ''this section'', ''pursuant to this section'', ''in
accordance with the provisions of this section'', and words of similar
import when used in this chapter refer to the section of this subchapter
in which such terms appear.
14 CFR 200.6 Terms defined by Act.
Unless otherwise specifically stated, other words and phrases have
the meaning defined in the Act.
14 CFR 200.7 Instructions.
The regulations of the Board may be cited by section numbers. For
example, this regulation may be cited as 200.7 of the ''Economic
Regulations.'' The sections contained in the Rules of Practice under
Title IV and sections 1022 (d) to (i) of the Act, may also be cited by
appropriate rule numbers. For example, section 10 may be cited as
''rule 10 of the Rules of Practice.'' In each case in which a rule,
regulation, order, or other document of the Board refers to a regulation
or a rule of practice of the Board by means of the numbering system used
prior to the adoption of section numbers, such reference shall be deemed
to relate to the appropriate new section number of this subchapter.
14 CFR 200.8 Supplemental air carrier.
Unless the context otherwise requires, the term ''supplemental air
carrier'' as used in existing or future regulations and orders of the
Board includes persons holding operating authority conferred upon them
by section 8(a) of Pub. L. 87-528 of July 10, 1962; persons holding
operating authority conferred upon them by the Board pursuant to section
7 (a), (b), or (c) of said Pub. L. 87-528; and persons holding
certificate authority conferred upon them by the Board pursuant to
section 401(d)(3) of the Federal Aviation Act of 1958, as amended.
These persons shall also be deemed included in the term ''air carrier''
where that term, in the context, includes supplemental air carriers.
(Secs. 401, 403, 404, 407, 408, 409, 411, 412, 413, 414, 415, 416,
417, 1002(i), 72 Stat. 754, 758, 760, 766, 767, 768, 769, 770, 771, 788;
secs. 7 and 8, 76 Stat. 146, 147; 49 U.S.C. 1371, 1373, 1374, 1377,
1378, 1379, 1381, 1382, 1383, 1384, 1385, 1387, 1482)
(ER-359, 27 FR 7983, Aug. 10, 1962)
14 CFR 200.8 Part 201
14 CFR 200.8 PART 201 -- APPLICATIONS FOR CERTIFICATES OF PUBLIC
CONVENIENCE AND NECESSITY
Sec.
201.1 Formal requirements.
201.2 Amendments.
201.3 Incorporation by reference.
201.4 General provisions concerning contents.
201.5 Operations other than between fixed points.
201.6 Advertising and sales by applicants.
Authority: Secs. 204, 401, 402, 403, 411, 416, Pub. L. 85-726, as
amended, 72 Stat. 743, 754, 757, 758, 769, 771; 49 U.S.C. 1324, 1371,
1372, 1373, 1381, 1386.
Source: ER-146, 14 FR 3524, June 29, 1949, unless otherwise noted.
14 CFR 201.1 Formal requirements.
Applications for certificates of public convenience and necessity, or
amendments thereof, shall meet the requirements set forth in Part 302 of
this chapter as to execution, number of copies, service, and formal
specifications of papers. All pages of an application shall be
consecutively numbered, and the application shall clearly describe and
identify each exhibit by a separate number or symbol. All exhibits
shall be deemed to constitute a part of the application to which they
are attached.
Note: Special requirements for application for extension of a
fixed-term route authorization granted by exemption pending disposition
of an application for a certificate incorporating such authorization,
are set forth in 302.909 of this chapter (Procedural Regulations). See
also 377.10(c) of this chapter (Special Regulations).
(Approved by the Office of Management and Budget under control number
3024-0069)
(Secs. 416(b), 72 Stat. 771; 49 U.S.C. 1386; sec. 9(b), 60 Stat.
242; 5 U.S.C. 1008)
(ER-378, 28 FR 3585, Apr. 12, 1963, as amended by ER-550, 33 FR
18434, Dec. 12, 1968; ER-1366, 48 FR 53688, Nov. 29, 1983)
14 CFR 201.2 Amendments.
If, after receipt of any application, the Board shall request the
applicant to supply it with additional information, such information
shall be furnished in the form of an amendment to the original
application. All amendments to applications shall be consecutively
numbered and shall comply with the requirements of this part as to form,
number of copies, and other essential respects.
(ER-550, 33 FR 18434, Dec. 12, 1968)
14 CFR 201.3 Incorporation by reference.
In general it is desirable that incorporation by reference shall be
avoided. However, where two or more applications are filed by a single
carrier, lengthy exhibits or other documents attached to one may be
incorporated in the others by reference if that procedure will
substantially reduce the cost to the applicant.
14 CFR 201.4 General provisions concerning contents.
(a) The statements contained in an application shall be restricted to
significant and relevant facts.
(b) Requests for authority to engage in interstate and overseas air
transportation shall not be included in the same application with
requests for authority to engage in foreign air transportation.
Similarly, requests for authority to engage in scheduled air
transportation shall not be included in the same application with
requests for authority to engage in nonscheduled air transportation.
(c) Each application shall give full and adequate information with
respect to each of the items set forth in this paragraph. In addition,
the application may contain such other information and data as the
applicant shall deem necessary or appropriate in order to acquaint the
Board fully with the particular circumstances of its case. Among other
things, every such application shall contain the following information:
(1) The full name and address of the applicant, the nature of its
organization (individual, partnership, corporation, etc.) and the name
of the State under the laws, of which it is organized.
(2) A statement that the applicant is a citizen of the United States
as defined by section 101(13) of the Act. It is not required that the
application shall contain all the evidence which the applicant is
prepared to present at the hearing or otherwise in support of such
statement, but the application shall at least indicate the nature and
result of its investigations in that matter and the character of the
evidence it will be prepared to present in support of citizenship.
(3) For cargo-only transportation within the States of Alaska or
Hawaii and for foreign air transportation, an adequate identification of
each route for which a certificate is desired and whether or not this
transportation is to be rendered on scheduled operations. The
identification of each route shall name the terminal and intermediate
points to be included in the certificate for which application is made.
For all applications, a specification of the type or types of service
(mail, passengers, or property) to be rendered and whether such services
are to be rendered on scheduled operations.
(4) A map (which may be attached as an exhibit) drawn approximately
to scale showing all terminal and intermediate points to be served,
giving the approximate mileages between all adjacent points, and the
principal over-all distances.
(5) A statement as to the type of aircraft applicant proposes to use
in the new service and whether such aircraft is presently owned by the
applicant.
(6) If applicant does not hold a certificate of public convenience
and necessity authorizing air transportation, the name and type of
business of any affiliate, subsidiary, or principal stockholder of
applicant engaged in any form of transportation as a common carrier or
engaged in any phase of aeronautical activity.
(d) (Reserved)
(e) Applications covered by Subpart Q of Part 302 of this chapter
shall also contain the following facts and projections:
(1) For scheduled carriers only, an illustrative service proposal for
the type of markets that the applicant plans to serve initially showing
the type and capacity of the equipment it would use and the elapsed trip
time of flights in block hours over the segments.
(2) An estimate of the gallons of fuel to be consumed in the first
year of operations if the proposed service is instituted; and
(3) A statement regarding the availability of the required fuel.
(Approved by the Office of Management and Budget under control number
3024-0069)
(Secs. 102, 404, and 1002 (72 Stat. 740, 760, and 788 (49 U.S.C.
1302, 1374, and 1482)); National Environmental Policy Act of 1969 (Pub.
L. 91-90, 42 U.S.C. 4321 et seq. and E.O. 11514; sec. 204, 401, 402,
1001, Federal Aviation Act of 1958, as amended by Pub. L. 95-504, 72
Stat. 743, 754, 757, 788, 92 Stat. 1723, 49 U.S.C. 1324, 1371, 1372,
1481, Administrative Procedure Act, 5 U.S.C. 551 et seq.)
(ER-146, 14 FR 3524, June 29, 1949, as amended by ER-550, 33 FR
18434, Dec. 12, 1968; ER-925, 40 FR 37182, Aug. 25, 1975; ER-1114, 44
FR 24264, Apr. 25, 1979; ER-1195, 45 FR 53453, Aug. 12, 1980; ER-1274,
47 FR 133, Jan. 5, 1982; ER-1366, 48 FR 53688, Nov. 29, 1983)
14 CFR 201.5 Operations other than between fixed points.
An application for a certificate authorizing operations other than
between fixed points, or not having terminal or intermediate points
capable of precise description, need comply with the provisions of
201.4(c) (3) and (4) only to the extent that it shall clearly describe
the authorization sought by the applicant.
14 CFR 201.6 Advertising and sales by applicants.
(a) An applicant for a new or amended certificate of public
convenience and necessity to engage in air transportation shall not:
(1) Advertise, list schedules, or accept reservations for the air
transportation covered by its application until the application has been
approved by the Board; or
(2) Accept payment or issue tickets for the air transportation
covered by its application until the certificate or amended certificate
has become effective or the Board issues a notice authorizing sales.
(b) An applicant for a new or amended certificate of public
convenience and necessity may advertise or publish schedule listings for
the air transportation covered by its application after the application
has been approved by the Board only if such advertising or schedule
listings prominently state. ''This service is subject to receipt of
government operating authority.''
(ER-1376, 49 FR 9863, Mar. 16, 1984)
14 CFR 201.6 Part 202
14 CFR 201.6 PART 202 -- CERTIFICATES AUTHORIZING SCHEDULED ROUTE
SERVICE: TERMS, CONDITIONS, AND LIMITATIONS
Sec.
202.1 Applicability.
202.2 Failure to comply.
202.11 Nonstop authorization.
202.12 Filing requirements for adherence to Montreal Agreement.
Authority: Secs. 102, 204, 401, 402, 403, 407, 416, Pub. L.
85-726, as amended, 72 Stat. 740, 743, 754, 757, 758, 766, 771, (49
U.S.C. 1302, 1324, 1371, 1372, 1373, 1377, 1368); Reorganization Plan
No. 3 of 1961, 26 FR 5989.
Source: ER-884, 39 FR 40255, Nov. 15, 1974, unless otherwise noted.
14 CFR 202.1 Applicability.
Unless the certificate or the order authorizing its issuance shall
otherwise provide, such terms, conditions and limitations as are set
forth in this part, and as may from time to time be prescribed by the
Board, shall apply to the exercise of the privileges granted by each
certificate issued under section 401 of the Act, other than a
certificate for supplemental air transportation.
14 CFR 202.2 Failure to comply.
It shall be a condition upon the holding of a certificate that any
intentional failure by the holder to comply with any provision of Title
IV of the Act or any order, rule, or regulation issued thereunder or any
term, condition, or limitation of such certificate shall be a failure to
comply with the terms, conditions, and limitations of the certificate
within the meaning of section 401(g) of the Act even though the failure
to comply occurred without the territorial limits of the United States,
except to the extent that such failure shall be necessitated by an
obligation, duty, or liability imposed by a foreign country.
14 CFR 202.11 Nonstop authorization.
Subject to the provisions of section 405(b) of the Act, the holder of
a certificate may inaugurate scheduled nonstop service between any two
points not consecutively named in its certificate or approved service
plan (if such certificate or approved service plan authorizes service
between such points and does not prohibit nonstop service between them)
upon the effective date of a schedule, showing such nonstop service,
filed with the Board in accordance with Part 231 of this subchapter.
14 CFR 202.12 Filing requirements for adherence to Montreal Agreement.
It shall be a condition upon the holding of a certificate that the
holder have and maintain in effect and on file with the Board a signed
counterpart of CAB Agreement 18900 (CAB Form 263), and a tariff (for
those carriers otherwise generally required to file tariffs) that
includes its terms, and that the holder comply with all other
requirements of Part 203. CAB Form 263 may be obtained from the
Publications Services Division, Civil Aeronautics Board, Washington,
D.C. 20428.
(Approved by the Office of Management and Budget under control number
3024-0064)
(ER-1325, 48 FR 8042, Feb. 25, 1983, as amended by ER-1344, 48 FR
31012, July 6, 1983)
14 CFR 202.12 Part 203
14 CFR 202.12 PART 203 -- WAIVER OF WARSAW CONVENTION LIABILITY LIMITS
AND DEFENSES
Sec.
203.1 Scope.
203.2 Applicability.
203.3 Filing requirements for adherence to Montreal Agreement.
203.4 Montreal Agreement as part of airline-passenger contract and
conditions of carriage.
203.5 Compliance as condition on operations in air transportation.
Authority: Secs. 101, 204, 401, 402, 403, 404, 407, 408, 411, 416,
417, 418, 419, Pub. L. 85-726, as amended, 72 Stat. 737, 743, 754,
757, 758, 760, 766, 767, 769, 771; 76 Stat. 145; 91 Stat. 1284; 92
Stat. 1732; 49 U.S.C. 1301, 1324, 1371, 1372, 1373, 1374, 1377, 1378,
1381, 1386, 1387, 1388, 1389.
Source: ER-1324, 48 FR 8044, Feb. 25, 1983, unless otherwise noted.
14 CFR 203.1 Scope.
This part requires that certain U.S. and foreign direct air carriers
waive the passenger liability limits and certain carrier defenses in the
Warsaw Convention in accordance with the provisions of CAB Agreement
18900, dated May 13, 1966, and provides that acceptance of authority
for, or operations by the carrier in, air transportation shall be
considered to act as such a waiver by that carrier.
14 CFR 203.2 Applicability.
This part applies to all direct U.S. and foreign direct air carriers,
except for air taxi operators as defined in Part 298 of this chapter
that (a) are not commuter air carriers, (b) do not participate in
interline agreements, and (c) do not engage in foreign air
transportation.
14 CFR 203.3 Filing requirements for adherence to Montreal Agreement.
All direct U.S. and foreign air carriers shall have and maintain in
effect and on file in the Board's Docket Section (Docket 17325) on CAB
Form 263 a signed counterpart to CAB Agreement 18900, an agreement
relating to liability limitations of the Warsaw Convention and Hague
Protocol approved by Board Order E-23680, dated May 13, 1966, (the
Montreal Agreement), and a signed counterpart of any amendment or
amendments to such Agreement that may be approved by the Board and to
which the air carrier or foreign air carrier becomes a party. U.S. air
taxi operators may comply with this requirement by signing and filing
CAB Form 298-A (Rev.) with the Board's Special Authorities Division.
Canadian charter air taxi operators registering under Part 294 of this
chapter may comply by filing CAB Form 263 with their registration
application with the Regulatory Affairs Division, Bureau of
International Aviation. CAB Form 263 is set forth as Appendix A to this
part. CAB Forms 263 and 298-A (Rev.) can be obtained from the
Publications Services Division, Civil Aeronautics Board, Washington,
D.C. 20428.
(Approved by the Office of Management and Budget under control number
3024-0064)
(ER-1324, 48 FR 8044, Feb. 25, 1983, as amended by ER-1338, 48 FR
31013, July 6, 1983)
14 CFR 203.4 Montreal Agreement as part of airline-passenger contract
and conditions of carriage.
(a) As required by the Montreal Agreement, carriers that are
otherwise generally required to file tariffs shall file with the Board's
Tariff Division a tariff that includes the provisions of the counterpart
to CAB Agreement 18900.
(b) As further required by that Agreement, each participating carrier
shall include the Agreement's terms as part of its conditions of
carriage. The participating carrier shall give each of its passengers
the notice required by the Montreal Agreement as provided in 221.175 of
this chapter.
(c) Participation in the Montreal Agreement, whether by signing the
Agreement, filing a signed counterpart to it under 203.3, or by
operation of law under 203.5, shall constitute a special agreement
between the carrier and its passengers as a condition of carriage that a
liability limit of not less than $75,000 (U.S.) shall apply under
Article 22(1) of the Warsaw Convention for passenger injury and death.
Such participation also constitutes a waiver of the defense under
Article 20(1) of the Convention that the carrier was not negligent.
(The reporting provisions contained in paragraph (a) were approved by
the Office of Management and Budget under control number 3024-0064.)
(ER-1324, 48 FR 8044, Feb. 25, 1983, as amended by ER-1338, 48 FR
31013, July 6, 1983)
14 CFR 203.5 Compliance as condition on operations in air
transportation.
It shall be a condition on the authority of all direct U.S. and
foreign carriers to operate in air transportation that they have and
maintain in effect and on file with the Board a signed counterpart of
CAB Agreement 18900, and a tariff (for those carriers otherwise
generally required to file tariffs) that includes its provisions, as
required by this subpart. Notwithstanding any failure to file that
counterpart and such tariff, any such air carrier or foreign air carrier
issued license authority (including exemptions) by the Board or
operating in air transportation shall be deemed to have agreed to the
provisions of CAB Agreement 18900 as fully as if that air carrier or
foreign air carrier had in fact filed a properly executed counterpart to
that Agreement and tariff.
14 CFR 203.5 Part 204
14 CFR 203.5 PART 204 -- DATA TO SUPPORT FITNESS DETERMINATIONS
14 CFR 203.5 Subpart A -- General Provisions
Secs.
204.1 Purpose.
204.2 Definitions.
14 CFR 203.5 Subpart B -- Filing Requirements
204.3 Certificated carriers proposing a change in operations which is
not substantial.
204.4 Certificated carriers proposing a substantial change in
operations.
204.5 Applicants for certificate authority not currently
certificated.
204.6 Carriers providing or proposing to provide essential air
transportation.
204.7 Commuter carriers serving an eligible point but not providing
essential air service or applying for certificate authority.
204.8 Revocation for dormancy.
Authority: Secs. 204, 401, 407, 419, Pub. L. 85-726, as amended, 72
Stat. 743, 754, 766, 92 Stat. 1732; 49 U.S.C. 1324, 1371, 1377, 1389.
Source: ER-1180, 45 FR 42599, June 25, 1980, unless otherwise noted.
14 CFR 203.5 Subpart A -- General Provisions
14 CFR 204.1 Purpose.
This part sets forth the fitness data that must be submitted by
certificated carriers proposing a substantial change in operations, by
applicants for certificate authority, by carriers providing, or
proposing to provide essential air transportation, and by commuter
carriers serving an eligible point. The Board and its staff may require
a carrier to provide additional data if necessary to reach an informed
judgment about its fitness.
14 CFR 204.2 Definitions.
As used in this part:
(a) ''Act'' means the Federal Aviation Act of 1958, as amended.
(b) ''Certificate authority'' means authority to provide air
transportation granted by the Board in the form of a certificate of
public convenience and necessity except authority granted under section
401(d)(5) or 418 of the Act. ''Certificated carriers'' are those that
hold certificate authority.
(c) ''Citizen of the United States'' means (1) an individual who is a
citizen of the United States or one of its possessions, or (2) a
partnership of which each member is such an individual, or (3) a
corporation or association created or organized under the laws of the
United States or of any State, Territory, or possession of the United
States, of which the president and two-thirds or more of the board of
directors and other managing officers are such individuals and in which
at least 75 percent of the voting interest is owned or controlled by
persons who are citizens of the United States or of one of its
possessions.
(d) ''Commuter air carrier'' means an air taxi operator that carries
passengers on at least five round trips per week on at least one route
between two or more points according to its published flight schedules
that specify the times, days of the week, and places between which those
flights are performed.
(e) ''Eligible point'' means any point in the United States (1) to
which, on October 24, 1978, any air carrier was providing service
pursuant to a certificate issued under section 401 of the Act or was
authorized pursuant to such certificate to provide such service, but
such service was suspended on October 24, 1978, or (2) which was deleted
from a certificate issued under section 401 of the Act between July 1,
1968 and October 24, 1978, and that the Board designates as eligible
under Part 270 of this chapter.
(f) ''Essential air transportation'' is that transportation which the
Board has found to be essential under section 419 of the Act.
(g) ''Fit'' means fit, willing and able to perform the air
transportation in question properly and to conform to the provisions of
the Act and the rules, regulations and requirements issued under the
Act.
(h) ''Key personnel'' include the directors, President, all Vice
Presidents, the Directors or Supervisors of Operations, Maintenance, and
Finance and the Chief Pilot of the applicant or commuter air carrier, as
well as any part-time or full-time advisors or consultants to the
management of the applicant or commuter air carrier.
(i) ''Non-certificated carrier'' is an air carrier that does not hold
certificate authority.
(j) ''Normalized operations'' are those which are relatively free of
start-up costs and temporary barriers to full scale operations posed by
the carrier's limited experience.
(k) ''Relevant corporations'' are the applicant or air carrier, any
predecessor of the applicant or air carrier (i.e., any air carrier in
which any directors or principal officers once had a substantial
interest), and any company (including a sole proprietorship or
partnership) which has a significant financial or managerial influence
on the applicant. This includes:
(1) Any company (including a sole proprietorship or partnership)
holding more than 50 percent of the outstanding voting stock of the
applicant or commuter air carrier and
(2) Any company (including a sole proprietorship or partnership)
holding between 20 percent and 50 percent of the outstanding voting
stock of the applicant or air carrier and which has significant
influence over the applicant or air carrier indicated by 25 percent
representation on the Board of Directors, participation in policy-making
processes, substantial intercompany transactions, or managerial
personnel with common responsibilities in both companies.
(l) ''Route authority'' means certificate or exemption authority to
provide service between and among various points except service which
has been designated as essential air service. ''Route authority''
includes authority to provide charter air transportation.
(m) ''Substantial change in operations'' includes, but is not limited
to, changes in operations from charter to scheduled service, cargo to
passenger service, or short-haul service to long-haul service, or a
large increase in the number of markets served.
(n) ''Substantial interest'' means 5 percent or more of the
outstanding voting stock in the corporation.
(ER-1180, 45 FR 42599, June 25, 1980, as amended by ER-1290, 47 FR
12946, Mar. 26, 1982)
14 CFR 204.2 Subpart B -- Filing Requirements
14 CFR 204.3 Certificated carriers proposing a change in operations
which is not substantial.
Certificated carriers applying for route authority which would not
substantially change their operations will be presumed to be fit and
need not file any information relating to their fitness to provide the
additional services. Such carriers will be found fit on the basis of
officially noticeable materials unless the Board concludes, from its own
analysis or information submitted by third parties, that such carrier
may not be fit to provide the service which it seeks to provide. In
that case, the Board may require the applicant carrier to file
additional information.
14 CFR 204.4 Certificated carriers proposing a substantial change in
operations.
A certificated carrier proposing a substantial change in operations
shall file the data set forth in this section. However, if the carrier
has previously filed any of the required data with the Board or with
another Federal agency from which they are available to the Board, the
carrier may instead identify the data and provide a citation for the
date and place of filing. Prior to filing any data, the carrier may
call the Deputy Director of the Bureau of Domestic Aviation at (202)
673-5830 to ascertain what data required by this section are already
available to the Board and need not be included in the filing.
(a) The identity of key personnel who would be employed by the
applicant for the proposed operations, including:
(1) Their names and addresses;
(2) The experience, expertise and responsibilities of each;
(3) The citizenship of each;
(4) The amount of the applicant's stock held by each; and
(5) A description of the officerships, directorships, shares of stock
(if 5 percent or more of total voting stock outstanding) and other
interest each has in any air carrier, foreign air carrier, common
carrier or person substantially engaged in the business of aeronautics
or person whose principal business (in purpose or fact) is the holding
of stock in or control of any air carrier, foreign air carrier, common
carrier or person substantially engaged in the business of aeronautics.
(b) A description of every formal complaint regarding compliance with
the Act or any orders, rules, regulations or requirements issued
pursuant to the Act that were lodged in the past five years against any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or any person having a substantial interest in any
relevant corporation. Such description shall indicate the final
disposition or current status of each complaint.
(c) A list of all orders issued in the past 10 years finding any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation guilty of violations of the Act or any order, rule
or regulation issued pursuant to the Act.
(d) A description of all actions taken by the FAA in the past 10
years under 14 CFR 13.11, 13.15, 13.16, 13.17, 13.19 or 13.23 of this
title against any relevant corporation, key personnel employed (or to be
employed) by any relevant corporation or person having a substantial
interest in any relevant corporation. Such description shall include
the disposition or current status of each such action.
(e) A description of all charges of unfair or deceptive or
anti-competitive business practices or of fraud, felony, or antitrust
violation, brought against any relevant corporation, persons having a
substantial interest in any relevant corporation, or key personnel
employed (or to be employed) by any relevant corporation in the past 10
years. Such descriptions shall include the disposition or current
status of each such proceeding.
(f) If requested by the Board, a forecast Income Statement for the
first normalized year of proposed operations. Such statements shall
include estimated revenue block hours (or airborne hours for charter
operations) and revenue miles by type of aircraft, number of passengers
and number of tons of mail and cargo carried, transport revenues and an
estimate of the traffic which would be generated in each market
receiving the proposed service. Such statements shall also include an
explanation of the derivation of unit costs used in estimating operating
expenses and a description of the manner in which costs and revenues are
allocated.
(g) A description of the applicant's current fleet of aircraft and
its plans for the purchase or lease of additional aircraft, including:
(1) The number of each type of aircraft owned or leased and to be
purchased or leased;
(2) The applicant's plans for financing the acquisition or lease of
additional aircraft;
(3) A sworn affidavit stating that each aircraft owned or leased has
been certified by the FAA and currently complies with all FAA safety
standards; and
(4) A narrative description of the carrier's operations after the
proposed change.
(Approved by the Office of Management and Budget under control number
3024-0041)
(ER-1180, 45 FR 42599, June 25, 1980, as amended by ER-1180-A, 45 FR
57377, Aug. 28, 1980; ER-1339, 48 FR 31013, July 6, 1983)
14 CFR 204.5 Applicants for certificate authority not currently
certificated.
An applicant for certificate authority not currently certificated
shall file the data set forth in this section. However, if the
applicant has previously filed any of the required data with the Board
or with another Federal agency from which they are available to the
Board, the applicant may instead identify the data and provide a
citation for the date and place of filing. Prior to filing any data,
the applicant may call the Deputy Director of the Bureau of Domestic
Aviation at (202) 673-5830 to ascertain what data required by this
section are already available to the Board and need not be included in
the filing
(a) The name, address, and telephone number of the applicant.
(b) The form of the applicant's organization.
(c) The State law(s) under which the applicant is organized.
(d) A sworn affidavit stating that the applicant is a citizen of the
United States.
(e) The identity of the key personnel who would be employed by the
applicant, including:
(1) Their names and addresses;
(2) The experience, expertise and responsibilities of each;
(3) The amount of the applicant's stock held by each;
(4) The citizenship of each; and
(5) A description of the officerships, directorships, shares of stock
(if 5 percent or more of total voting stock outstanding) and other
interests each holds in any air carrier, foreign air carrier, common
carrier, person substantially engaged in the business of aeronautics or
persons whose principal business (in purpose or fact) is the holding of
stock in or control of any air carrier, common carrier or person
substantially engaged in the business of aeronautics.
(f) A list of all persons having a substantial interest in the
applicant. Such list shall include:
(1) Each person's name, address and citizenship;
(2) The amount of stock held by each such person and the principal
business of any person for whose account, if other than the holder, such
interest is held;
(3) If any two or more persons holding a substantial interest in the
applicant are related by blood or marriage, such relationship(s) shall
be included in the list; and
(4) If any person, or subsidiary of a person having a substantial
interest in the applicant is an air carrier, a foreign air carrier,
substantially engaged in the business of aeronautics, a common carrier,
an officer or director of an air carrier, a foreign air carrier, a
person substantially engaged in the business of aeronautics and/or a
common carrier and/or a holder of 10 percent or more of total
outstanding voting stock of an air carrier, a foreign air carrier, a
person substantially engaged in the business of aeronautics and/or a
common carrier, the list shall describe such relationship(s).
(g) A list of the applicant's subsidiaries, if any, including a
description of each subsidiary's principal business and a description of
each subsidiary's relationship to the applicant.
(h) A list of the applicant's shares of stock in, or control of, any
air carrier, foreign air carrier, common carrier, or person
substantially engaged in the business of aeronautics.
(i) 10K Reports filed in the past 3 years by any relevant corporation
required to file such reports with the Securities and Exchange
Commission.
(j) If 10K Reports are not filed with the Securities and Exchange
Commission and to the extent any relevant corporation has been engaged
in any business prior to the filing of the application, each applicant
shall provide copies of the following, using generally accepted
accounting principles, for the 3 most recent calendar or fiscal years:
(1) The Balance Sheet of all relevant corporations;
(2) The Income Statement of all relevant corporations;
(3) A statement of significant accounting policies of each relevant
corporation;
(4) A statement of significant events occuring subsequent to the most
recent Balance Sheet date for each relevant corporation; and
(5) All footnotes applicable to the financial statements.
(k) A list of each action and outstanding judgment for more than
$5,000 against any relevant corporation, key personnel employed (or to
be employed) by any relevant corporation or person having a substantial
interest in any relevant corporation including the amount of each
judgment, the party to whom it is payable and how long it has been
outstanding.
(l) The number of actions and outstanding judgments of less than
$5,000 against each relevant corporation, key personnel employed (or to
be employed) by any relevant corporation or person having a substantial
interest in any relevant corporation and the total amount owed by each
relevant corporation on such judgments.
(m) Such other historic financial information as is requested by the
Board.
(n) A description of the applicant's current fleet of aircraft, if
any, and its plans for the purchase or lease of additional aircraft,
including:
(1) The number of each type of aircraft owned, leased and to be
purchased or leased;
(2) The applicant's plans for financing the acquisition or lease of
additional aircraft; and
(3) A sworn affidavit stating that each aircraft owned or leased has
been certified by the FAA and currently complies with all FAA safety
standards.
(o) A description of every formal complaint regarding compliance with
the Act or orders, rules, regulations, or requirements issued pursuant
to the Act lodged in the past 5 years against any relevant corporation,
key personnel employed (or to be employed) by any relevant corporation
or person having a substantial interest in any relevant corporation.
Such descriptions shall indicate the current status or final disposition
of each complaint.
(p) A list of all orders issued in the past 10 years finding any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation guilty of violations of the Act or any order, rule
or regulation issued pursuant to the Act.
(q) A description of all actions taken in the past 10 years by the
FAA under 13.11, 13.15, 13.16, 13.17, 13.19 or 13.23 of this title
against any relevant corporation, key personnel employed (or to be
employed) by any relevant corporation or person having a substantial
interest in any relevant corporation. Such descriptions shall include
the disposition or current status of each such action.
(r) A description of all charges of unfair or deceptive or
anticompetitive business practices, or of fraud, felony or antitrust
violation, brought against any relevant corporation or person having a
substantial interest in any relevant corporation, or key personnel
employed (or to be employed) by any relevant corporation in the past 10
years. Such descriptions shall include the disposition or current
status of each such proceeding.
(s) A statement from the State Public Utilities Commission and the
State office handling consumer complaints in each State in which any
relevant corporation or any of its key personnel operates regarding
their respective consumer complaint records for the preceding 3 years.
(t) An illustrative description of the type of service to be operated
if the application is granted, including:
(1) An illustrative service proposal;
(2) A forecast Balance Sheet for the first normal year ending after
the initially proposed operations have been incorporated; and
(3) If the applicant is not currently operating commercial flights or
proposes to add new aircraft to its fleet, a forecast Income Statement
for the first normal year ending after the initially proposed operations
are normalized. Such Income Statement shall include estimated revenue
block hours (or airborne hours, for charter operators) and revenue miles
by type of aircraft, number of passengers and number of tons of mail and
cargo carried, transport revenues and an estimate of the traffic which
would be generated in each market receiving the proposed service. Such
statements shall also include an explanation of the derivation of unit
costs used in estimating operating expenses and a description of the
manner in which costs and revenues are allocated.
(u) A description of all Federal, State and foreign authority under
which the applicant has conducted or is conducting transportation
operations.
(v) A signed counterpart of CAB Agreement 18900 (CAB Form 263) as
required by Part 203 of this chapter. That form can be obtained from
the Publications Services Division, Civil Aeronautics Board, Washington,
D.C. 20428.
(The reporting requirements contained in paragraphs (a) through (u)
were approved by the Office of Management and Budget under control
number 3024-0041. The reporting requirements contained in paragraph (v)
were approved under control number 3024-0064.)
(ER-1180, 45 FR 42599, June 25, 1980, as amended by ER-1180-A, 45 FR
57377, Aug. 28, 1980; ER-1326, 48 FR 8048, Feb. 25, 1983; ER-1339, 48
FR 31013, July 6, 1983)
14 CFR 204.6 Carriers providing or proposing to provide essential air
transportation.
Applicants to provide essential air transportation, and those
carriers already providing essential air transportation have been
divided into three categories, and are subject to differing data
submission requirements as set forth in paragraph (a), (b) and (c) of
this section. All carriers may call the Chief, Essential Air Services
Division, at (202) 673-5408 to ascertain what information is already
available to the Board.
(a) Carriers already serving the affected points and markets that are
not planning to exit or that have filed notices to terminate service but
have been ordered by the Board to continue operations will be notified
by letter that they shall submit the data set forth in this paragraph to
the extent such information has not already been obtained by the Board
from other sources. However, if the carrier has previously filed any of
the required data with the Board or with another Federal agency from
which they are available to the Board, the carrier may instead identify
the data and provide a citation for the date and place of filing
(1) The name and address of the carrier.
(2) The form of the carrier's organization.
(3) The State law(s) under which the carrier is organized.
(4) A description of all Federal, State and foreign authority under
which the carrier has conducted or is conducting transportation
operations.
(5) A sworn affidavit stating that the carrier is a citizen of the
United States.
(6) The identity of the key personnel which are, or would be,
employed by the carrier including their names and addresses, the
experience, expertise and responsibilities of each, the amount of the
carrier's stock held by each and the citizenship of each.
(7) 10K Reports filed in the past 3 years by any relevant corporation
required to file such report with the Securties and Exchange Commission.
(8) If 10K Reports are not filed with the Securities and Exchange
Commission and to the extent any relevant corporation has been engaged
in any business prior to filing of the application, each carrier shall
provide copies of the following, using generally accepted accounting
principles, for the 3 most recent calendar or fiscal years:
(i) The Balance Sheet of all relevant corporations;
(ii) The Income Statement of all relevant corporations;
(iii) A statement of significant accounting policies of each relevant
corporation;
(iv) A statement of significant events occurring subsequent to the
most recent Balance Sheet date for each relevant corporation; and
(v) All footnotes applicable to the financial statements.
(9) A list of each action and outstanding judgment for more than
$5,000 against any relevant corporation. Such list shall include the
amount of each judgment, the party to whom it is payable and how long it
has been outstanding.
(10) The number of outstanding actions and judgments of less than
$5,000 against each relevant corporation and the total amount owned by
each relevant corporation on such judgments.
(11) Such other historic financial information as is requested by the
Board.
(12) A description of the current fleet of aircraft, including the
following:
(i) The number of each type of aircraft owned or leased; and
(ii) A sworn affidavit stating that each type of aircraft owned and
leased has been certified by the FAA and currently complies with all FAA
safety standards.
(13) A description of the back-up aircraft capacity available to the
applicant, including:
(i) The number and type of such aircraft;
(ii) The conditions under which such aircraft will be available to
the carrier;
(iii) The carrier's plans for financing the acquisition or lease of
such additional aircraft; and
(iv) A sworn affidavit stating that all such aircraft have been
certified by the FAA and currently comply with all FAA safety standards.
(14) A description of the fuel available to perform the proposed
essential air services and the carrier's contracts with fuel suppliers.
(15) A list of all orders issued in the past 10 years finding any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation guilty of violations of the Act or any order, rule
or regulation issued pursuant to the Act.
(16) A description of all actions taken in the past 10 years by the
FAA under 13.11, 13.15, 13.16, 13.17, 13.19 or 13.23 against any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation including the disposition or current status of each
such action.
(17) A description of all charges of unfair or deceptive or
anticompetitive business practices, or of fraud, felony or antitrust
violation, brought against any relevant corporation, key personnel
employed (or to be employed) by any relevant corporation or person
having a substantial interest in any relevant corporation in the past 10
years. Such descriptions shall include the disposition or current
status of each such proceeding.
(18) A description of every formal complaint regarding compliance
with the Act or orders, rules, regulations, or requirements issued
pursuant to the Act lodged against any relevant corporation key
personnel employed (or to be employed) by any relevant corporation or
person having a substantial interest in any relevant corporation in the
past 5 years. Such description shall indicate the current status or
final disposition of each complaint.
(19) A statement from the State Public Utilities Commission and all
other State offices handling consumer complaints in each State in which
the carrier operates regarding its consumer complaint record for the
preceding 3 years.
(20) The carrier's systemwide on-time and completion record for the
preceding year.
(21) A list of the markets the carrier serves and the number of
weekly round trips it provides in each.
(22) A signed counterpart of CAB Agreement 18900 (CAB Form 263 or CAB
Form 298-A (Rev.) for air taxi operators), as required by Part 203 of
this chapter. Those forms can be obtained from the Publications
Services Division, Civil Aeronautics Board, Washington, D.C. 20428.
(b) Carriers who propose to begin non-subsidized service when the
incumbent leaves must file the following information:
(1) All information required under paragraph (a) of this section.
(2) A list of the carrier's subsidiaries, if any. Such list shall
include a description of each subsidiary's principal business and a
description of each subsidiary's relationship to the carrier.
(3) A description of its plans for the purchase or lease of
additional aircraft, including:
(i) The number of each type of aircraft to be purchased or leased;
(ii) The carrier's plans for financing the acquisition or lease of
additional aircraft;
(iii) A description of the average number of hours each type of
aircraft is currently flown per day; and
(iv) An estimate of the impact the proposed essential air service
would have on the carrier's utilization of its aircraft fleet.
(4) A detailed schedule of the service to be provided, including
times of arrivals and departures, the aircraft to be used for each
flight and the fares to be charged.
(c) Carriers filing proposals to provide subsidized service in
response to an order inviting proposals shall file:
(1) All information required under paragraphs (a) and (b) of this
section.
(2) A forecast Income Statement for the first year following the
initiation of the proposed essential services. Such statement shall
include:
(i) Subsidy needed;
(ii) Estimated block hours and revenue miles by type of aircraft;
(iii) Estimated number of passengers and number of tons of mail to be
carried;
(iv) Transport revenues and an estimate of the traffic which would be
generated in each market receiving the proposed service;
(v) An explanation of the derivation of estimates of operating
expenses; and
(vi) A description of the manner in which costs and revenues are
allocated.
(3) A traffic forecast including a load factor analysis on all
segments between the small community and the hub; and an estimate of
the number of seats available to and from the eligible point each day.
(The reporting requirements contained in paragraphs (a) (1) through
(21), (b) and (c) were approved by the Office of Management and Budget
under control number 3024-0041. The reporting requirements contained in
paragraph (a)(22) were approved under control number 3024-0064.)
(ER-1180, 45 FR 42599, June 25, 1980, as amended by ER-1180-A, 45 FR
57377, Aug. 28, 1980; ER-1326, 48 FR 8048, Feb. 25, 1983; ER-1339, 48
FR 31013, July 6, 1983)
14 CFR 204.7 Commuter carriers serving an eligible point but not
providing essential air service or applying for certificate authority.
Commuter carriers serving an eligible point but not providing
essential air service or applying for certificate authority will be
notified by letter that they shall file the data set forth in this
section to the extent such information has not already been obtained by
the Board from other sources. However, if the carriers has previously
filed any of the required data with the Board or with another Federal
agency from which they are available to the Board, the carrier may
instead identify the data and provide a citation for the date and place
of filing.
(a) The name and address of the carrier.
(b) The form of the carrier's organization.
(c) The State law(s) under which the carrier is organized.
(d) A description of all Federal, State and foreign authority under
which the carrier has conducted or is conducting transportation
operations.
(e) A sworn affidavit stating that the carrier is a citizen of the
United States.
(f) The identity of the key personnel which are, or would be,
employed by the carrier including their names and addresses, the
experience, expertise and responsibilities of each, the amount of
carrier's stock held by each, and the citizenship of each.
(g) 10K reports filed in the past 3 years by any relevant corporation
required to file such reports with the Securities and Exchange
Commission.
(h) If 10K Reports are not filed with the Securities and Exchange
Commission and to the extent any relevant corporation has been engaged
in any business prior to the filing of the application, each carrier
shall provide copies of the following, using generally accepted
accounting principles, for the 3 most recent calendar or fiscal years:
(i) The Balance Sheet of all relevant corporations;
(ii) The Income Statement of all relevant corporations;
(iii) A statement of significant accounting policies of each relevant
corporation;
(iv) A statement of significant events occurring subsequent to the
most recent Balance Sheet date for each relevant corporation; and
(v) All footnotes applicable to the financial statements.
(i) A list of each action and outstanding judgment for more than
$5,000 against any relevant corporation, key personnel employed (or to
be employed) by any relevant corporation or person having a substantial
interest in any relevant corporation. Such list shall include the
amount of each judgment, the party to whom it is payable and how long it
has been outstanding.
(j) The number of outstanding actions and judgments of less than
$5,000 against each relevant corporation, key personnel employed (or to
be employed) by any relevant corporation or person having a substantial
interest in any relevant corporation and the total amount owed by each
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation on such judgments.
(k) Such other historic financial information as is requested by the
Board.
(l) A description of the carrier's current fleet of aircraft,
including:
(1) The number of each type of aircraft owned or leased; and
(2) A sworn affidavit stating that each aircraft owned and leased has
been certified by the FAA and currently complies with all FAA safety
standards.
(m) A list of all orders issued in the past 10 years finding any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation guilty of violations of the Act or any order, rule
or regulation issued pursuant to the Act.
(n) A description of all actions taken in the past 10 years by the
FAA under 14 CFR 13.11, 13.15, 13.16, 13.17, 13.19 or 13.23 against any
relevant corporation, key personnel employed (or to be employed) by any
relevant corporation or person having a substantial interest in any
relevant corporation. Such descriptions shall include the disposition
or current status of each such action.
(o) A description of all charges of unfair or deceptive or
anticompetitive business practices, or of fraud, felony or antitrust
violation, brought against any relevant corporation, person having a
substantial interest in any relevant corporation or key personnel
employed (or to be employed) by any relevant corporation in the past 10
years. Such descriptions shall include the disposition or current
status of each such proceeding.
(p) A description of every formal complaint regarding compliance with
the Act or orders, rules, regulations, or requirements issued pursuant
to the Act lodged in the past 5 years against any relevant corporation,
key personnel employed (or to be employed) by any relevant corporation
or any person having a substantial interest in any relevant corporation.
Such description shall indicate the current status or final disposition
of each complaint.
(q) A list of the markets the carrier serves and the number of weekly
round trips it provides in each.
(r) A signed counterpart of CAB Agreement 18900 (CAB Form 263 or CAB
Form 298-A (Rev.)), as required by Part 203 of this chapter. Those
forms can be obtained from the Publications Services Division, Civil
Aeronautics Board, 1825 Connecticut, Ave., N.W., Washington, D.C. 20428.
(The reporting requirements contained in paragraphs (a) through (q)
were approved by the Office of Management and Budget under control
number 3024-0041. The reporting requirements contained in paragraph (r)
were approved under control number 3024-0064.)
(ER-1180, 45 FR 42599, June 25, 1980, as amended by ER-1180-A, 45 FR
57377, Aug. 28, 1980; ER-1326, 48 FR 26597, June 9, 1983; ER-1339, 48
FR 31013, July 6, 1983)
14 CFR 204.8 Revocation for dormancy.
(a) Except as provided in paragraph (b) of this section, an air
carrier that has not begun initial operations to provide any type of air
transportation for which it was found fit, willing, and able, and for
which it was granted authority by the Department or by the Civil
Aeronautics Board, within one year of the date of that finding, or that,
for any period of one year after the date of such finding, has not
provided any type of air transportation for which that kind of finding
is required, shall be deemed no longer to continue to be fit to provide
the air transportation for which it was found fit and, accordingly, its
authority to provide such air transportation shall be revoked
automatically.
(b) For all air carriers that were the object of fitness findings
made by the Department of Transportation before the effective date of
this rule, or made by the Civil Aeronautics Board, the one-year periods
referred to in paragraph (a) of this section shall each run from the
effective date of this rule and not from the date of those fitness
findings.
(c) An air carrier found fit by the Department of Transportation
after the effective date of this rule and that begins initial operations
within one year after being found fit but then ceases operations, shall
not resume operations without first filing all the data required by
204.4 or 204.7, as applicable, at least 45 days before it intends to
provide any such air transportation. The Department will entertain
requests for exemption from this 45-day advance filing requirement for
good cause shown. If there has been no change in data submitted
previously in connection with a prior evaluation of the carrier's
fitness, the carrier shall file a statement to that effect signed by one
of its officers. The carrier may contact the Chief, Special Authorities
Division, Office of Aviation Operations, to ascertain the data already
available to the Department, which need not be included in the refiling.
A carrier to which this paragraph applies shall not provide any air
transportation for which it is required to be found fit, willing, and
able until the Department either decides that the carrier continues to
meet those requirements, or finds that the carrier is fit, willing, and
able to perform such air transportation based on new information the
carriers submits. During the pendency of the Department's consideration
of a data submission under this paragraph, the revocation period set out
in paragraph (a) of this section shall be stayed. If the decision or
finding by the Department on the issue of the carrier's fitness is
favorable, the date of that decision or finding shall be the date
considered in applying paragraph (a) of this section.
(d) The provisions of paragraph (c) of this section shall apply to
all air carriers that were the object of fitness findings made by the
Department before the effective date of this rule or made by the Civil
Aeronautics Board, who either are not now operating under the authority
for which they were found fit or who are operating under such authority
but later cease operations and seek to resume before expiration of the
one-year revocation period.
(e) For purposes of this section, the date of a Department decision
or finding shall be the service date of the Department's order
containing such decision or finding, or, in cases where the Department's
decision or finding is made by letter, then the date of such letter.
(f) For purposes of this section, references to operations and to the
providing of air transportation shall refer only to the actual
performance of flight operations under an operating certificate issued
to the carrier by the FAA.
(Docket No. 44036, 51 FR 40413, Nov. 7, 1986)
14 CFR 204.8 Part 205
14 CFR 204.8 PART 205 -- AIRCRAFT ACCIDENT LIABILITY INSURANCE
Sec.
205.1 Purpose.
205.2 Applicability.
205.3 Basic requirements.
205.4 Filing of evidence of insurance.
205.5 Minimum coverage.
205.6 Prohibited exclusions of coverage.
205.7 Cancellation, withdrawal, modification, expiration, or
replacement of insurance coverage.
205.8 Cargo liability disclosure statement.
Authority: Secs. 204, 401, 403, 416, 418, 419, Pub. L. 85-726, as
amended, 72 Stat. 743, 757, 771; 92 Stat. 1284, 1732, 49 U.S.C.
1324, 1371, 1372, 1386, 1388, 1389.
Source: ER-1253, 46 FR 52577, Oct. 27, 1981, unless otherwise
noted.
14 CFR 205.1 Purpose.
This part contains the rules for aircraft accident liability
insurance coverage needed by certain U.S. direct air carriers to obtain
or to exercise authority from the Board to operate in interstate,
overseas, or foreign air transportation, and by foreign air carriers to
operate under permit or other authority in foreign air transportation.
It further requires a disclosure statement to shippers about cargo
liability limits and insurance coverage for U.S. and foreign direct air
carriers.
14 CFR 205.2 Applicability.
These rules apply to all U.S. and foreign direct air carriers, except
air taxi operators other than commuter air carriers as defined by
298.2(f) of this chapter.
(ER-1291, 47 FR 12946, Mar. 26, 1982)
14 CFR 205.3 Basic requirements.
(a) A U.S. or foreign direct air carrier shall not engage in air
transportation unless it has in effect aircraft accident liability
insurance coverage that meets the requirements of this part for its air
carrier or foreign air carrier operations. The minimum amounts of
coverage required by this part may be provided either by insurance
policies or by self-insurance plans. The currently effective policy of
insurance or self-insurance plan shall be available for inspection by
the Board at the carrier's principal place of business. The current
certificate of insurance or summary of self-insurance plan on file with
the Board, as required by 205.4, shall be available for public
inspection at the carrier's principal place of business.
(b) For purposes of this part, a certificate of insurance is one or
more certificates showing insurance by one or more insurers (excluding
reinsurers) of currently effective and properly endorsed policies of
aircraft accident liability insurance in compliance with this part.
When more than one such insurer is providing coverage, the limits and
types of liability assumed by each insurer (excluding reinsurers) shall
be clearly stated in the certificate of insurance. Insurance policies
and self-insurance plans named in a certificate of insurance that
accompanies an application for initial registration or for operating
authority shall become effective not later than the proposed starting
date for air carrier operations as shown in the application.
(c) The certificate of insurance shall list the types or classes of
aircraft, or the specific aircraft by FAA or foreign government
registration number, with respect to which the policy of insurance
applies, or shall state that the policy applies to all aircraft owned or
operated by the carrier in its air transportation operations. With
respect to certificates of insurance that list aircraft by government
registration number, the policy or self-insurance plan shall state that,
while an aircraft owned or leased by the carrier and declared in the
policy is withdrawn from normal use because of its breakdown, repair, or
servicing, such insurance as is provided by the policy or plan for that
aircraft shall apply also to another aircraft of similar type,
horsepower, and seating capacity, whether or not owned by the insured,
while temporarily used as a substitute aircraft.
(d) Each certificate of insurance shall be signed by an authorized
officer, agent, or other representative of the insurer or the insurance
broker.
(e) Insurance coverage to meet the requirements of this part shall be
obtained from one or more of the following:
(1) An insurer licensed to issue aircraft accident liability policies
in any State, Commonwealth, or Territory of the United States, or in the
District of Columbia;
(2) Surplus line insurers named on a current list of such insurers
issued and approved by the insurance regulatory authority of any State,
Commonwealth, or Territory of the United States or of the District of
Columbia; or
(3) Insurers licensed or approved by a foreign government.
This requirement may be waived by the Board in the public interest.
14 CFR 205.4 Filing of evidence of insurance.
(a) A U.S. air carrier shall file a certificate of insurance or
summary of a plan for self-insurance with the Board's Special
Authorities Division, Bureau of Domestic Aviation. A foreign air
carrier shall file such a certificate or summary with the Board's
Regulatory Affairs Division, Bureau of International Aviation. If this
requirement is met by a self-insurance plan, the carrier shall file the
complete self-insurance plan with the Board's Bureau of Carrier Accounts
and Audits. Each carrier shall ensure that the evidence filed with the
Board of aircraft accident liability coverage is correct at all times.
The Board will normally notify the carrier within 20 days of receipt if
the coverage or plan does not meet the requirements of this part. The
Certificate of Insurance, CAB Form 205-A, for U.S. air carriers and for
foreign air carriers, is available from the Board's Publications
Services Division, Washington, D.C. 20428. The Board may return the
certificate or self-insurance plan to the carrier, if it finds for good
cause that such plan or certificate does not show adequate evidence of
insurance coverage under this part.
(b) If the coverage is by type or class of aircraft or by specific
aircraft, endorsements that add previously unlisted aircraft or aircraft
types or classes to coverage, or that delete listed aircraft, types, or
classes from coverage, shall be filed with the Board's Special
Authorities Division, Bureau of Domestic Aviation, when the insured is a
U.S. air carrier, or with the Board's Regulatory Affairs Division,
Bureau of International Aviation when the insured is a foreign air
carrier, not more than 30 days after the effective date of the
endorsements. Aircraft shall not be listed in the carrier's operations
specifications with the FAA and shall not be operated unless liability
insurance coverage is in force.
(c) When the insured air carrier is a commuter carrier operating in
the State of Alaska, certificates and endorsements shall be filed with
the Board's Alaska Field Office, 701 C Street, Box 27, Anchorage, Alaska
99513.
(Approved by the Office of Management and Budget under control number
3024-0050)
(ER-1253, 46 FR 52577, Oct. 27, 1981, as amended by ER-1364, 48 FR
46264, Oct. 12, 1983)
14 CFR 205.5 Minimum coverage.
(a) Insurance contracts and self-insurance plans shall provide for
payment on behalf of the carrier, within the specific limits of
liability in this section, of all sums that the carrier shall become
legally obligated to pay as damages, excluding any deductible in the
policy, for bodily injury to or death of a person, or for damage to
property of others, resulting from the carrier's operation or
maintenance of aircraft in air transportation provided under its
authority from the Board.
(b) Insurance meeting the requirements of this part for all U.S. or
foreign direct air carriers shall be third-party aircraft accident
liability coverage for bodily injury to or death of persons, including
nonemployee cargo attendants, other than passengers, and for damage to
property, with minimum limits of $300,000 for any one person in any one
occurrence, and a total of $20,000,000 per involved aircraft for each
occurrence, except that for aircraft of not more than 60 seats or 18,000
pounds maximum payload capacity, carriers need only maintain coverage of
$2,000,000 per involved aircraft for each occurrence.
(c) All U.S. or foreign direct air carriers carrying passengers in
air transportation shall in addition to the coverage required in
paragraph (a) of this section maintain aircraft accident liability
insurance coverage for bodily injury to or death of aircraft passengers,
with minimum limits of $300,000 for any one passenger, and a total per
involved aircraft for each occurrence of $300,000 times 75 percent of
the number of passenger seats installed in the aircraft.
(d) Notwithstanding paragraphs (b) and (c) of this section, the
carrier may be insured for a combined single limit of liability of each
occurrence. The combined single-limit coverage must be not less than
the combined required minimums for bodily injury and property damage
coverage under paragraph (b) of this section, plus the total passenger
coverages required under paragraph (c) of this section, for each
occurrence. The single-limit liability policy for the required aircraft
accident liability coverage may be provided by a single policy or by a
combination of primary and excess policies.
(e) The liability coverage shall not be contingent upon the financial
condition, solvency, or freedom from bankruptcy of the carrier. The
limits of the liability for the amounts required by this part shall
apply separately to each occurrence. Any payment made under the policy
or plan because of any one occurrence shall not reduce the coverage for
payment of other damages resulting from any other occurrence.
(f) Notwithstanding paragraphs (b) and (c) of this section, Canadian
charter air taxi operators registered under Part 294 shall maintain the
following coverage:
(1) Canadian charter air taxi operators engaging in charter air
service under Part 294 shall maintain third-party aircraft accident
liability coverage for bodily injury to or death of persons, including
nonemployee cargo attendants, other than passengers, and for damage to
property, with a minimum coverage of $75,000 for any one person in any
one occurrence, and a total of $2,000,000 per involved aircraft for each
occurrence, except that Canadian charter air taxi operators operating
aircraft of more than 30 seats or 7,500 pounds maximum cargo payload
capacity, and a maximum authorized takeoff weight on wheels not greater
than 35,000 pounds shall maintain coverage for those aircraft of
$20,000,000 per involved aircraft for each occurrence.
(2) Canadian charter air taxi operators engaging in charter air
service under Part 294 shall in addition to the coverage required in
paragraph (f)(1) of this section maintain aircraft accident liability
coverage for bodily injury to or death of aircraft passengers, with a
minimum coverage of $75,000 for any one passenger and a total per
involved aircraft for each occurrence of $75,000 times 75 percent of the
total number of passenger seats installed in the aircraft.
(3) Coverage under this paragraph may be obtained with a combined
single limit as specified in paragraph (d) of this section, applying the
amounts of coverage stated in this paragraph.
(ER-1253, 46 FR 52572, Oct. 27, 1981; 46 FR 54500, Nov. 3, 1981, as
amended by ER-1253A, 47 FR 12946, Mar. 26, 1982)
14 CFR 205.6 Prohibited exclusions of coverage.
(a) No warranty or exclusion in the policy or plan or in any
endorsement or amendment to the policy or plan, nor any violation of the
policy or plan by the carrier, shall remove the liability coverage
required by this part, except as specifically approved by the Board.
This requirement shall not limit the right of insurers to recover from
the carrier for amounts paid.
(b) A policy of insurance or a self-insurance plan required by this
part shall not contain the following exclusions:
(1) Violation of any safety-related requirement imposed by statute or
by rule of a government agency.
(2) Liability assumed by the carrier under an agreement to raise the
liability limitations of the Warsaw Convention by signing a counterpart
to the agreement of carriers (such as the Montreal Agreement, CAB 18900,
as approved by Board Order E-23680, May 13, 1966, agreeing to a limit on
the carrier's liability for injury or death of passengers of $75,000 per
passenger), or any amendment to such agreement that may be approved by
the Board and to which the carrier becomes a party.
14 CFR 205.7 Cancellation, withdrawal, modification, expiration, or
replacement of insurance coverage.
(a) Each policy of aircraft accident liability insurance and plan for
self insurance shall specify that it shall remain in force, and may not
be replaced, canceled, withdrawn, or in any way modified to reduce the
minimum standards set forth in this part, or to change the extent of
coverage, by the insurer or the carrier, nor expire by its own terms, in
regard to coverage for the carrier in its common carrier operations in
air transportation, until 10 days after written notice by the insurer
(in the event of replacement, by the retiring insurer), or by the
insurer's representative, or by the carrier, describing the change, to
the Board's Special Authorities Division, Bureau of Domestic Aviation,
when the insured is a U.S. air carrier, or to the Board's Regulatory
Affairs Division, Bureau of International Aviation when the insured is a
foreign air carrier, or when the insured is a commuter carrier operating
in Alaska, to the Board's Alaska Field Office (Box 27, 701 C Street,
Anchorage, Alaska 99513), which 10-day notice period shall start to run
from the date such notice is actually received at the Board. For
purposes of this part, a policy will not be considered to have expired
if the same insurer renews its coverage without reduction in the extent
of coverage or amounts of coverage, and without a break in coverage,
whether or not a new policy is issued, and notice to the Board is not
required in that event. If the coverage being changed is by type or
class of aircraft or by specific aircraft, endorsements adding or
deleting specific aircraft or types or classes of aircraft, for which
prior notice would be required by this paragraph, shall be filed in
accordance with 205.4(b), and prior notice of the change need not be
given under this paragraph.
(b) The requirements of this section shall not apply if the policy
contains a lesser time period for cancellation in a war risk exclusion.
If the war risk exclusion is activated by the insurer, the insurer or
its representative shall immediately notify the Board.
14 CFR 205.8 Cargo liability disclosure statement.
Every direct U.S. or foreign air carrier providing air cargo service
in air transportation shall give notice in writing to the shipper, when
a shipment is accepted, of the existence or absence of cargo liability
insurance, and the limits on the extent of its liability, if any. The
notice shall be clearly and conspicuously included on or attached to all
of its rate sheets and airwaybills.
(ER-1282, 47 FR 16173, Apr. 15, 1982)
14 CFR 205.8 Part 206
14 CFR 205.8 PART 206 -- CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY: SPECIAL AUTHORIZATIONS
Sec.
206.1 Emergency transportation.
206.2 Omission of stop at route junction points.
206.3 Transportation of newsmen by all-cargo carriers.
14 CFR 206.1 Emergency transportation.
Notwithstanding the provisions of section 401(a) of the Act, and any
term, condition or limitation attached to the exercise of the privileges
of an air carrier certificate of public convenience and necessity which
prohibits an air carrier from engaging in air transportation between any
points on its route, the air carrier may carry between such points (a)
any person or persons certified by a physician to be in need of
immediate air transportation in order to secure emergency medical or
surgical treatment together with any necessary attendant or attendants
and (b) any medical supplies certified by a physician as requiring
immediate air transportation for the protection of life. Air carriers
offering to provide this emergency transportation shall file appropriate
tariffs pursuant to section 403 of the Act.
(Secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386)
(ER-261, 24 FR 1860, Mar. 14, 1959)
14 CFR 206.2 Omission of stop at route junction points.
Notwithstanding the provisions of section 401(a) of the Act, an air
carrier on any flight which is regularly scheduled to be operated
between points on two or more of its certificated routes, via a junction
point of such routes, may omit a stop at such junction point whenever
weather conditions at such junction point otherwise would require the
cancellation or postponement of any portion of such flight.
(Secs. 204, 416, 72 Stat. 743, 771; 49 U.S.C. 1324, 1386)
(ER-246, 24 FR 95, Jan. 6, 1959)
14 CFR 206.3 Transportation of newsmen by all-cargo carriers.
Notwithstanding the provisions of sections 401(a) and 403 of the Act
and Part 221 of the Board's economic regulations, an air carrier holding
a certificate of public convenience and necessity for the transportation
of property and mail only may provide transportation to persons between
points in its certificate on regularly scheduled cargo flights for the
purpose of collecting data for preparation of feature news, pictorial or
like articles provided that:
(a) The transportation is limited to the writer, journalist, or
photographer engaged in the preparation of data for use in feature news,
pictorial, or like articles which are to appear in newspapers or
magazines, or on radio or television programs and which will publicize
the regularly scheduled cargo operations of the carrier;
(b) The air carrier shall collect from each person transported the
lowest individual adult fare in effect by any carrier authorized to
transport persons in regularly scheduled passenger service between the
points involved;
(c) The air carrier shall file with the Board's Bureau of Pricing and
Domestic Aviation, at least 10 days before commencement of the
transportation, a notice setting forth the name and affiliation of the
writer, journalist or photographer, the routing to be followed, and the
amount of fare to be collected.
(Secs. 204(a) and 416 of the Federal Aviation Act of 1958, as
amended; 72 Stat. 743 and 771; 49 U.S.C. 1324 and 1396)
(ER-665, 36 FR 2565, Feb. 6, 1971)
14 CFR 206.3 Part 207
14 CFR 206.3 PART 207 -- CHARTER TRIPS AND SPECIAL SERVICES
14 CFR 206.3 Subpart A -- General Provisions
Sec.
207.1 Definitions.
207.2 Applicability of part.
207.3 Scope of authorization.
207.4 Payments to persons receiving commissions.
207.4a Written contracts with charterers.
207.7 Charter trips and other special services within the State of
Alaska.
207.8 Notice of proposed special services.
207.10 Prior authorization of long-term wet leases to foreign air
carriers.
207.11 Charter flight limitations.
207.13 Terms of service.
207.14 Substitute transportation in emergencies.
207.16 Waiver.
207.17 Protection of customers' deposits.
207.18 Baggage liability.
207.19 Transportation of persons who may need help during aircraft
evacuation.
14 CFR 206.3 Subpart B -- Provisions Relating to Pro Rata Charters
207.20 Applicability of subpart.
207.21 Solicitation and formation of a chartering group.
207.22 Pretrip notification and charter contract.
207.24 Statement of Supporting Information.
207.25 Charter trips originating in the United States.
207.26 Air carrier to identify enplanements.
207.31 Statement of Supporting Information.
207.40 Solicitation of charter participants.
207.41 Passengers on charter flights.
207.42 Participation of immediate families in charter flights.
207.43 Charter costs.
207.44 Statement of charges.
207.45 Passenger lists.
207.46 Application for a charter.
207.47 Statement of Supporting Information.
14 CFR 206.3 Subpart C -- Provisions Relating to Single Entity Charters
207.50 Applicability of subpart.
207.53 Statement of Supporting Information.
14 CFR 206.3 Subpart D -- Provisions Relating to Mixed Charters
207.60 Applicable rules.
14 CFR 206.3 Subpart E -- Direct Sales by Air Carriers
207.70 Applicability of subpart.
207.71 Terms of service.
207.72 Board powers.
Appendix A -- Route Air Carrier's Surety Bond Under Part 207 of the
Economic Regulations of the Civil Aeronautics Board (14 CFR Part 207)
Appendix B -- Statement of Supporting Information
Authority: Secs. 102, 204, 401, 403, 404, 407, 411, 416, 418, 1002
of Pub. L. 85-726, as amended; 72 Stat. 740, 743, 754, 758, 760, 766,
769, 771, 91 Stat. 1284, 72 Stat. 788; 49 U.S.C. 1302, 1324, 1371,
1373, 1374, 1377, 1381, 1386, 1388, 1482, unless otherwise noted.
Source: ER-802, 38 FR 14157, May 30, 1973, unless otherwise noted.
14 CFR 206.3 Subpart A -- General Provisions
14 CFR 207.1 Definitions.
As used in this part, unless the context otherwise requires:
''All-cargo carrier'' means an air carrier holding a certificate of
public convenience and necessity issued pursuant to section 401(d) (1)
or (2), which authorizes the carriage of property only or property and
mail only.
''Base revenue plane miles'' means revenue mileage operated by an air
carrier in scheduled services, extra sections, and on-route charter
trips or special services.
''Base revenue seat-mile'' means the total available revenue
seat-miles on flights operated by an air carrier in scheduled services,
extra sections, and on-route charter trips or special services.
''Charter flight'' means air transportation performed in accordance
with 207.11.
''Charter group'' means that body of individuals who shall actually
participate in the charter flight.
''Charter organization'' means that organization, group, or other
entity from whose members (and their immediate families) a charter group
is derived.
''Charter trip'' means air transportation performed in accordance
with 207.11.
''Combination carrier'' means an air carrier holding a certificate of
public convenience and necessity issued pursuant to section 401(d) (1)
or (2) which authorizes the carriage of persons, property and mail or
persons and property only.
''Islands of the Caribbean'' means points in Jamaica, the Bahama
Islands, Bermuda, Haiti, the Dominican Republic, Puerto Rico, the Virgin
Islands, Trinidad and Tobago, the Cayman Islands, Aruba, the Leeward and
Windward Islands, Barbados, and Curacao.
''Long-term wet lease'' means a lease by which the lessor provides
both an aircraft and its crew, which either (a) lasts more than 60 days,
or (b) is part of a series of such leases that amounts to a continuing
arrangement lasting more than 60 days.
''Mixed charter'' means a charter, the cost of which is borne, or
pursuant to contract may be borne, partly by the charter participants
and partly by the charterer.
''Point'' means any airport or place where an aircraft may be landed
or taken off, including the area within a 50-mile radius of such airport
or place.
''Pro rata charter'' means a charter, the cost of which is divided
among the passengers transported.
''Single entity charter'' means a charter, the cost of which is borne
by the charterer and not by individual passengers, directly or
indirectly.
''Special services'' are all services rendered in air transportation
which are authorized by section 401(e)(6) of the Act by an air carrier
holding a certificate of public convenience and necessity other than (1)
services rendered in air transportation over the route or routes
designated in its certificate(s), (2) charter services as defined in
this section, and (3) services authorized by special exemption under
section 416(b) of the Act.
''Travel agent'' means any person engaged in the formation of groups
for transportation or in the solicitation or sale of transportation
services.
(Secs. 204, 401, 418, Federal Aviation Act of 1958, as amended, 72
Stat. 743, 754, 91 Stat. 1278, 49 U.S.C. 1326, 1371, 1388)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1075, 43 FR
42740, Sept. 21, 1978; ER-1190, 45 FR 53363, Aug. 11, 1980; ER-1248,
46 FR 47766, Sept. 30, 1981)
14 CFR 207.2 Applicability of part.
This part shall apply to all air carriers (other than Alaskan air
carriers and air carriers certificated for supplemental air service) who
hold currently effective certificates of public convenience and
necessity issued by the Board pursuant to section 401 of the Act.
14 CFR 207.3 Scope of authorization.
Charter trips and other special services may be performed by air
carriers, subject to the limitations and regulations set forth in this
part. The limitations and regulations herein specified as applicable to
charter trips shall be applicable to all charter trips regardless of
whether the authority to conduct such trips derives from section
401(e)(6) of the Act or the carrier's certificate of public convenience
and necessity or from a special or general exemption issued by the
Board.
(ER-1190, 45 FR 53363, Aug. 11, 1980)
14 CFR 207.4 Payments to persons receiving commissions.
Payments for a U.S. originating charter flight made to any person to
whom the carrier, directly or indirectly, has paid a commission or has
agreed to pay a commission for that flight shall be considered payments
to the carrier.
(Secs. 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as
amended by Pub. L. 95-504, 72 Stat. 740, 743, 758, 771, 92 Stat. 1731,
1732; 49 U.S.C. 1302, 1324, 1373, and 1386)
(ER-1126, 44 FR 33053, June 8, 1979)
14 CFR 207.4a Written contracts with charterers.
Every agreement to perform a charter trip, except charters for the
Department of Defense, shall be in writing and signed by an authorized
representative of the air carrier and the charterer prior to operation
of a charter flight: Provided, That where execution of a contract prior
to commencement of flight is impracticable because the charter has been
arranged on short notice, compliance with the provision hereof shall be
effected within seven (7) days after commencement of the flight. The
written agreement shall include, without limitation:
(a) Date and place of execution of the contract or agreement;
(b) Signature, printed or typed name of each signatory, and official
position of each;
(c) Dates of flights and points involved;
(d) Type and capacity of aircraft: Number of passenger seats
available or pounds of cargo capacity;
(e) Rates, fares, and charges applicable to the charter trip,
including the charter price, live and ferry mileage charges, and layover
and other nonflight charges; and
(f) The name and address of either the surety whose bond secures
advance charter payments received by the carrier or of the carrier's
depository bank to which checks or money orders for advance charter
payments are to be made payable as escrow holder, pending completion of
the charter trip.
(g) A statement that unless the charterer files a claim with the
carrier, or, if he is unavailable, with the surety, within sixty (60)
days after the cancellation of a charter trip with respect to which the
charterer's advance payments are secured by the bond, the surety shall
be released from all liability under the bond to such charterer for such
charter trip (see 207.17(e)).
(Secs. 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as
amended by Pub. L. 95-504, 72 Stat. 740, 743, 758, 771, 92 Stat. 1731,
1732; 49 U.S.C. 1302, 1324, 1373, and 1386)
(ER-809, 38 FR 20254, July 30, 1973, as amended by ER-1126, 44 FR
33053, June 8, 1979)
14 CFR 207.7 Charter trips and other special services within the State
of Alaska.
An air carrier shall not perform any charter trip or other special
service in interstate air commerce within the State of Alaska.
14 CFR 207.8 Notice of proposed special services.
No air carrier shall perform any special service in interstate,
overseas or foreign air transportation unless at the time of filing of a
tariff applicable to such special service or at the time of filing of an
application for a special tariff permission, such air carrier shall have
submitted to the Board a statement setting forth a full description of
the proposed service and shall have mailed copies thereof to the air
carriers authorized by certificates of public convenience and necessity
render service to any point designated to receive the proposed special
service. The proposed special service shall not be inaugurated if prior
to the effective date of the tariff applicable to such special service,
or at the time of action on the application for special tariff
permission, the Board shall have notified such air carrier that the
performance of such special service does not appear to be consistent
with the public interest.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.10 Prior authorization of long-term wet leases to foreign
air carriers.
(a) A direct air carrier shall not perform any flights for a direct
foreign air carrier under a long-term wet lease unless it has obtained a
statement of authorization under this section.
(b) Applications for a statement of authorization shall be submitted
in letter form in three copies to the Civil Aeronautics Board, addressed
to the Director, Bureau of International Aviation. A copy of the
application shall also be served on the Federal Aviation Administration,
addressed to the Director of Flight Operations, and on each certificated
air carrier that is authorized to serve the same general area in which
the proposed transportation is to be performed.
(c) The application shall describe the purpose and terms of the wet
lease agreement. It shall also include documentation to establish the
extent to which the country of the lessee's nationality deals with
United States air carriers on the basis of reciprocity for similar wet
leases, if such wet leases are not subject to a bilateral agreement and:
(1) The Board has not established that the country accords
reciprocity,
(2) The Board has found reciprocity defective in the most recent
prior approval application involving the country; or
(3) Changes in reciprocity have occurred since the most recent Board
finding for the country in question.
(d) Applications for a statement of authorization under this section
shall be filed at least 45 calendar days before the date of the first
proposed flight.
(e) Any party in interest may file a memorandum supporting or
opposing an application. Three copies of each memorandum shall be filed
within 7 business days after service of the application, and a copy
shall be served on the applicant air carrier. Each memorandum shall set
forth the reasons why the application should be granted or denied,
accompanied by whatever data, including affidavits, the Board is
requested to consider.
(f)(1) Unless otherwise ordered by the Board, each application and
memorandum filed in response will be available for public inspection at
the Regulatory Affairs Division of the Bureau of International Aviation
immediately upon filing. Notice of the filing of all applications will
be published in the Board's Weekly List of Applications Filed.
(2) Any person objecting to public disclosure of any information in
an application or memorandum must state the grounds for the objection in
writing. If the Board finds that disclosure of all or part of the
information would adversely affect the objecting person, and that the
public interest does not require disclosure, it will order that the
injurious information be withheld.
(g) The Board will issue a statement of authorization if it finds
that the proposed wet lease is in the public interest. Statements of
authorization may be conditioned or limited. In determining the public
interest the Board will consider (but not be limited to) the following
factors:
(1) The extent to which the authority sought is covered by and
consistent with bilateral agreements to which the United States is a
party, or should be so covered;
(2) The extent to which the foreign country involved deals with
United States carriers on the basis of substantial reciprocity; and
(3) Whether the applicant (lessor) or its agent has previously
violated the provisions of this part, or the lessee or its agent has
previously violated the provisions of Part 212 or 218 of this chapter.
(h) The Board will publish notice of its actions on applications for
statements of authorization in the Status of Charter Applications
attachment to the Weekly List of Applications Filed. Interested persons
may upon request obtain copies of letters advising applicants of action
taken on their applications.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-1248, 46 FR 47766, Sept. 30, 1981, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.11 Charter flight limitations.
(a) Passenger charter flights in air transportation shall be limited
to the following:
(1) Air transportation pursuant to contracts with the Department of
Defense where all of that portion of the capacity configured for
passengers of an aircraft has been engaged by the Department;
(2) Air transportation performed on a time, mileage, or trip basis
where all or part of the capacity of an aircraft has been engaged by any
of the following persons:
(i) By a person for his or her own use, including a direct air
carrier or a direct foreign air carrier, except that long-term wet
leases to foreign air carriers are subject to prior authorization under
207.10;
(ii) By a person (no part of whose business is the formation of
groups or the consolidation of shipments for transportation or the
solicitation or sale of transportation services) for the transportation
of a group of persons, as agent or representative of such group;
(iii) By an overseas military personnel charter operator as defined
in Part 372 of this chapter.
(iv) By a charter operator or foreign charter operator as defined in
Part 380 of this chapter.
(3) Air transportation performed on a time, mileage, or trip basis by
a direct air carrier in accordance with Subpart E of this part.
(b)(1) Each person engaging less than the entire capacity of an
aircraft for the movement of persons and their personal baggage pursuant
to paragraph (a)(2) of this section shall contract and pay for 20 or
more seats.
(2) (Reserved)
(3) This section permits the carriage of charter cargo on the main
deck or in the belly of a passenger charter flight.
(c) Cargo charter flights in air transportation are permitted without
limitation, except that long-term wet leases to foreign air carriers are
subject to prior authorization under 207.10. Charter cargo may be
transported both on scheduled flights carrying individually-ticketed
and/or individually-waybilled traffic and on flights carrying charter
traffic only.
(ER-1190, 45 FR 53363, Aug. 11, 1980, as amended by ER-1248, 46 FR
47767, Sept. 30, 1981; ER-1276, 47 FR 134, Jan. 5, 1982)
14 CFR 207.13 Terms of service.
(a) (Reserved)
(b) The carrier shall require full payment of the total charter
price, including payment for the return portion of a round trip, or the
posting of a satisfactory bond for full payment, prior to the
commencement of any portion of the air transportation:
Provided, however, That in the case of a passenger charter for less
than the entire capacity of an aircraft, the carrier shall require full
payment of the total charter price, including payment for the return
portion of a round trip, from the passenger charterers not less than 10
days prior to the commencement of any portion of the transportation, and
such payment shall not be refundable unless the charter is canceled by
the carrier or unless the carrier accepts a substitute charterer for one
which has canceled a charter, in which case the amount paid by the
latter shall be refunded. For the purpose of this paragraph payment to
the carrier's depository bank, as designated in the charter contract,
shall be deemed payment to the carrier.
(c) Where four or more round trip flights per calendar year are
conducted on behalf of a chartering organization by a carrier or
carriers, one-way passengers shall not be carried except that up to 5
percent of the charter group may be transported one way in each
direction, there shall be no intermingling of passengers and each
planeload group, or less than planeload group (see 207.11(a)(3)), shall
move as a unit in both directions, except as provided in 207.14. This
provision shall not be construed as permitting knowing participation in
any plan whereby each leg of a round trip is chartered separately in
order to avoid the 5-percent limitation aforesaid.
(Secs. 102, 204, 401 of the Federal Aviation Act of 1958, as amended,
92 Stat. 1706, 72 Stat. 743, 92 Stat. 1710; 49 U.S.C. 1302, 1324, 1371)
(ER-1145, 44 FR 50595, Aug. 29, 1979, as amended by ER-1276, 47 FR
134, Jan. 5, 1982)
14 CFR 207.14 Substitute transportation in emergencies.
(a) A carrier shall be permitted to transport a passenger on a
charter flight with a group other than his own or on a ferry flight (as
defined in 241.03 of this subchapter) under the following
circumstances:
(1) (Reserved)
(2) The transportation is for return passage only;
(3) When the passenger is required to return at a different time than
his own charter flight due to emergency circumstances beyond the
passenger's control; and
(4) The charter group with which the passenger is to travel expresses
no objection to his participation in the charter flight.
For the purposes of this paragraph, ''emergency circumstances beyond
the passenger's control'' shall include illness or injury to the
passenger or a member of his immediate family; death of a member of the
passenger's immediate family; or weather conditions or unforeseeable
and unavoidable delays in ground transportation or connecting air
transportation.
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1221, 46 FR
28378, May 26, 1981)
14 CFR 207.16 Waiver.
(a) A waiver of any of the provisions of this part may be granted by
the Board upon the submission by an air carrier of a written request
therefor not less than 30 days prior to the flight to which it relates
provided such a waiver is in the public interest and it appears to the
Board that special or unusual circumstances warrant a departure from the
provisions set forth herein. Notwithstanding the foregoing, waiver
applications filed less than 30 days prior to a flight may be accepted
by the Board in emergency situations in which the circumstances
warranting a waiver did not exist 30 days before the flight.
(b) A request for a waiver of any of the provisions of 207.25 shall
be accompanied by a list of the names, addresses, and telephone numbers
of all the passengers on the flight to which the request relates.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.17 Protection of customers' deposits.
(a) Except as provided in paragraph (c) of this section, no air
carrier shall perform any charter trip (over than a cargo charter trip)
originating in the United States or any overseas military personnel
charter trip, as defined in Part 372 of this chapter, nor shall such air
carrier accept any advance payment in connection with any such charter
trip, unless there is on file with the Board a copy of a currently
effective agreement made between said carrier and a designated bank, by
the terms of which all sums payable in advance to the carrier by
charterers, in connection with such charter trip to be performed by said
carrier, shall be deposited with and maintained by the bank, as escrow
holder, the agreement to be subject to the following conditions:
(1) The charterer (or its agent) shall pay the carrier either by
check or money order made payable to the depository bank. Such check or
money order and any cash received by the carrier from a charterer (or
his agent) shall be deposited in, or mailed to, the bank no later than
the close of the business day following the receipt of the check or
money order or the cash, along with a statement showing the name and
address of the charterer (or his agent): Provided, however, That where
the charter transportation to be performed by a carrier is sold through
a travel agent, the agent may be authorized by the carrier to deduct his
commission and remit the balance of the advance payment to the carrier
either by check or money order made payable to the designated bank.
(2) The bank shall pay over to the carrier escrowed funds with
respect to a specific charter only after the carrier has certified in
writing to the bank that such charter has been completed: Provided,
however, That the bank may be required by the terms of the agreement to
pay over to the carrier, upon the latter's written certification that
the outbound segment of a round-trip charter has been completed, a
specified portion of such escrowed funds representing the amount of the
charter price allocable to such segment.
(3) Refunds to a charterer from sums in the escrow account shall be
paid directly to such charterer or its assigns. Upon written
certification from the carrier that a charter has been canceled, the
bank shall turn over directly to the charterer or its assigns all
escrowed sums (less any cancellation penalties, as provided in the
charter contract) which the bank holds with respect to such canceled
charter: Provided, however, That, in the case of a charter for less
than the entire capacity of an aircraft (see 207.11(c)) escrowed funds
shall be turned over to a charterer or its assigns only if the carrier's
written certification of cancellation of such charter includes a
specific representation that either the charter has been canceled by the
carrier or, if the charter has been canceled by the charterer, that the
carrier has accepted a substitute charterer.
(4) The bank shall maintain a separate accounting for each charter
flight.
(5) As used in this section the term ''bank'' means a bank, savings
and loan institution, or other financial institution insured by the
Federal Deposit Insurance Corporation or the Federal Savings and Loan
Insurance Corporation.
(b) The escrow agreement required under paragraph (a) of this section
shall not be effective until approved by the Board. Claims against the
escrow may be made only with respect to nonperformance of air
transportation.
(c) The carrier may elect, in lieu of furnishing an escrow agreement
pursuant to paragraph (a) of this section, to furnish and file with the
Board a surety bond which guarantees to the United States Government the
performance of all charter trips (other than cargo charter trips)
originating in the United States and of all overseas military personnel
charter trips, as defined in Part 372 of this chapter, to be performed
in whole or in part by the carrier pursuant to any contract entered into
by such carrier after the execution date of the bond. The amount of
such bond shall be unlimited. Claims under the bond may be made only
with respect to the nonperformance of air transportation.
(d) The bond permitted by paragraph (c) of this section shall be in
the form set forth as Appendix A to this part. Such bond shall be
issued by a bonding or surety company (1) whose surety bonds are
accepted by the Interstate Commerce Commission under 49 CFR 1084.6; or
(2) which is listed in Best's Insurance Reports (Fire and Casualty) with
a general policyholder's rating of ''A'' or better. The bonding or
surety company shall be one legally authorized to issue bonds of that
type in the State in which the carrier is incorporated or in which it
maintains its principal place of business. For the purposes of this
section, the term ''State'' includes any territory or possession of the
United States, or the District of Columbia. If the bond does not comply
with the requirements of this section, or for any reason fails to
provide satisfactory or adequate protection for the public, the Board
will notify the route air carrier, by registered or certified mail,
stating the deficiencies of the bond. Unless such deficiencies are
corrected within the time limit set forth in the notification, no
amounts payable in advance by customers for the subject charter trips
shall be accepted by the carrier.
(e) The bond required by this section shall provide that unless the
charterer files a claim with the carrier, or, if he is unavailable, with
the surety, within sixty (60) days after cancellation of a charter trip
with respect to which the charterer's advance payments are secured by
the bond, the surety shall be released from all liability under the bond
to such charterer for such charter trip. The contract between the
carrier and the charterer shall contain notice of this provision.
(The reporting and recordkeeping requirements contained in paragraph
(a) were approved by the Office of Management and Budget under control
number 3024-0011.)
(ER-809, 38 FR 20254, July 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.18 Baggage liability.
Air carriers shall not limit their baggage liability for interstate
and overseas charter flights except as set forth in 14 CFR Part 254.
(ER-1311, 48 FR 226, Jan. 4, 1983)
14 CFR 207.19 Transportation of persons who may need help during
aircraft evacuation.
Except as set forth in Part 121 of the Federal Aviation Regulations
(14 CFR Part 121), air carriers shall not limit the availability, upon
reasonable request, of air transportation and related services to a
person who may require help from another person in expeditiously moving
to an emergency exit for evacuation of an aircraft.
(Secs. 102, 204, 403, and 418 of the Federal Aviation Act of 1958, as
amended by Pub. L. 95-504, 72 Stat. 704, 743, 758, 771, 92 Stat. 1731,
1732; 49 U.S.C. 1302, 1324, 1373, and 1386)
(ER-1126, 44 FR 33054, June 8, 1979)
14 CFR 207.19 Subpart B -- Provisions Relating to Pro Rata Charters
14 CFR 207.20 Applicability of subpart.
This subpart sets forth the special rules applicable to pro rata
charters.
(ER-1190, 45 FR 53363, Aug. 11, 1980)
14 CFR 207.20 Requirements Relating to Air Carriers
14 CFR 207.21 Solicitation and formation of a chartering group.
(a) A carrier shall not engage, directly or indirectly, in any
solicitation of individuals (through personal contact, advertising, or
otherwise) as distinguished from the solicitation of an organization for
a charter trip, except after a charter contract has been signed.
(b) A carrier shall not employ, directly or indirectly, any person
for the purpose of organizing and assembling members of any
organization, club, or other entity into a group to make the charter
flight, except after a charter contract has been signed.
14 CFR 207.22 Pretrip notification and charter contract.
(a) Upon a charter flight date being reserved by the carrier or its
agent, the carrier shall provide the prospective charterer with a copy
of this Part 207. 1002 The charter contract shall include a provision
that the charterer, and any agent thereof, shall only act with regard to
the charter in a manner consistent with this part and that the charterer
shall within due time submit to the carrier such information as
specified in 207.45. The carrier shall also require that the charterer
and any travel agent involved shall furnish it at least 30 days prior to
departure of the first flight the statements of supporting information
required in 207.47 and 207.31, respectively, unless the charter has
been contracted for within 30 days before the date of departure, in
which event the statement and attachments shall be filed with the
carrier on the date the charter contract is executed. In the event of a
substitution of carriers, the carrier with whom the statements and
attachments have been filed may forward them to the substitute carrier,
in which case new statements need not be executed.
(b) The carrier shall attach to its copy of the charter contract a
certification by an officer of the chartering organization, or other
qualified person, that authorizes the person who executes the contract
to do so on behalf of the chartering organization. However,
certification is not required where the charter is based on employment
in one entity, or on employee or student status at a school. If the
charter contract is for the return flight of a one-way charter by the
same charter organization, a copy of the passenger list ( 207.45) of the
outbound charter shall be attached to the charter contract.
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1221, 46 FR
28378, May 26, 1981)
0021Copies of this part are available by purchase from the
Superintendent of Documents, Washington, D.C. 20402. Single copies will
be furnished without charge on written requests to the Publications
Services Section, Civil Aeronautics Board, Washington, D.C. 20428.
14 CFR 207.24 Statement of Supporting Information.
Prior to performing a charter flight, the carrier shall execute, and
require the travel agent (if any) and the charterer to execute, a
Statement of Supporting Information (Appendix B). If a charter contract
covers more than one charter flight, only one statement need be filed:
Provided, however, That separate financial data (see item 13 of
statement) shall be filed for each one-way or roundtrip flight. The
carrier shall require the charterer to annex to the statement copies of
all announcements of the charterer in connection with the charter issued
after the contract is signed.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-1221, 46 FR 28378, May 26, 1981, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.25 Charter trips originating in the United States.
(a) In the case of a charter trip originating in the United States
which includes foreign air transportation, and where separate charter
contracts cover the flight departing from the United States and the
flight returning to the United States, the time by which the carrier to
perform the returning flight, as well as the carrier to perform the
departing flight, must receive full payment of its charter price (or a
satisfactory bond for such payment), in compliance with the requirements
of 207.13(b), shall be not less than 10 days prior to the departing
flight, for a planeload charter, or not less than 30 days prior to the
departing flight, if the charter is for less than the entire capacity of
an aircraft, pursuant to 207.11(c).
(b) In addition to requiring timely payment of its charter price (or
the posting of a bond), pursuant to paragraph (a) of this section, the
carrier performing the departing flight from the United States shall
request in writing from the carrier performing the returning flight for
the same chartering group, and the carrier performing the returning
flight shall furnish, not later than 10 days prior to the scheduled
departure of a planeload charter, or not later than 30 days prior to the
scheduled departure of a less-than-planeload charter, written
confirmation that the latter carrier has also received timely payment of
its charter price (or the posting of a bond), pursuant to paragraph (a)
of this section. Both the request and the confirmation shall contain
particulars sufficient to identify the charter trip, including such
details as the date and point of origin of the departing flight, the
date and point of origin of the returning flight, and the name of the
chartering group; and both shall be accompanied by a passenger list.
The confirmation shall also contain a statement to the effect that the
carrier has not previously furnished such confirmation to any other
carrier with respect to the same charter trip.
(c) The requirements of this section shall apply to all charter
flights scheduled to depart after the effective date hereof: Provided,
however, That with respect to planeload charter flights scheduled to
depart less than 15 days after the effective date hereof, and with
respect to less-than-planeload charter flights scheduled to depart less
than 30 days after the effective date hereof, requirements hereunder as
to advance payments and receipt of written confirmation thereof by the
departing carrier, need not be met within the time specified in this
section but may be met at any time before flight departure.
(d) Every carrier which has entered into a charter contract covering
one-way foreign air transportation from the United States, to be
performed in connection with a pro rata charter trip originating in the
United States, must obtain, before performing such departing flight,
either written confirmation from the returning carrier (as provided in
paragraph (b) or (c) of this section, as the case may be), or a waiver
granted by the Board pursuant to 207.16, such waiver to be based either
on the grounds set forth in said 207.16, or on a showing that the
arrangements between the chartering organization and the charter
participants do not involve the provision of return transportation to
the United States.
(e) For the purpose of this section, payment to the carrier's
depository bank as designated in the charter contract, shall be deemed
payment to the carrier.
(Approved by the Office of Management and Budget under control number
3024-0011)
(Secs. 101(3), 204, 401, 403, 404, 407, 411, 416, 1002 of the Federal
Aviation Act of 1958, as amended, 72 Stat. 737, 743, 754, 758, 760, 766,
769, 771, 788; 49 U.S.C. 1301, 1324, 1371, 1373, 1374, 1377, 1381,
1386, and 1482)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-809, 38 FR
20255, July 30, 1973; ER-1063, 43 FR 36598, Aug. 18, 1978; ER-1238, 46
FR 43035, Aug. 26, 1981)
14 CFR 207.26 Air carrier to identify enplanements.
The carrier shall make reasonable efforts to assure that no person is
enplaned whose name does not appear on the list of passengers supplied
by the charterer under 207.45.
(ER-1221, 46 FR 28378, May 26, 1981)
14 CFR 207.26 Requirements Relating to Travel Agents
14 CFR 207.31 Statement of Supporting Information.
Travel agents shall execute, and furnish to foreign air carriers,
section A of Part II of the Statement of Supporting Information
(Appendix B) at such time as required by the carrier to afford it due
time for review thereof.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-1221, 46 FR 28378, May 26, 1981, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.31 Requirements Relating to Chartering Organization
14 CFR 207.40 Solicitation of charter participants.
(a) As used in the section, ''solicitation of the general public''
means:
(1) A solicitation going beyond the bona fide members of an
organization (and their immediate families). This includes air
transportation services offered by an air carrier under circumstances in
which the services are advertised in mass media, whether or not the
advertisement is addressed to members of a specific organization, and
regardless of who places or pays for the advertising. Mass media shall
be deemed to include radio and television, and newspapers and magazines.
Advertising in such media as newsletters or periodicals of membership
organizations, industrial plant newsletters, college radio stations, and
college newspapers shall not be considered advertising in mass media to
the extent that;
(i) The advertising is placed in a medium of communication circulated
mainly to members of an organization that would be eligible to obtain
charter service, and
(ii) The advertising states that the charter is open only to members
of the organization referred to in paragraph (a)(1)(i) of this section,
or only to members of a subgroup thereof. In this context, a subgroup
shall be any group with membership drawn primarily from members of the
organization referred to in paragraph (a)(1) (i) of this section:
Provided, That this paragraph shall not be construed as prohibiting air
carrier advertising which offers charter services to bona fide
organizations, without reference to a particular organization or flight.
(2) The solicitation, without limitation, of the members of an
organization so constituted as to ease of admission to membership, and
nature of membership, as to be in substance more in the nature of a
segment of the public than a private entity.
(b) Members of the charter group may be solicited only from among the
bona fide members of an organization, club, or other entity, and their
immediate families, and may not be brought together by means of a
solicitation of the general public. ''Bona fide members'' means those
members of a charter organization who (1) have not joined the
organization merely to participate in the charter as the result of
solicitation of the general public; and (2) are members for a minimum
of 6 months prior to the starting flight date. The requirement in
paragraph (b)(2) of this section is not applicable to:
(i) Students and employees of a single school, and immediate families
thereof; or
(ii) Employees of a single Government agency, industrial plant, or
mercantile establishment, and immediate families thereof.
(c) Solicitation of, as well as participation by, members of an
organization with respect to charter flights shall extend only to the
organization, or the particular chapter or unit thereof, which signs the
charter agreement with the air carrier as the charterer.
(d) A charterer shall not advertise or otherwise solicit its members
for any charter until a charter contract has been signed: Provided,
however, That this prohibition shall not extend to oral inquiries or
internal mailings directed to members to determine interest in a charter
flight or charter program so long as no fixed price for air
transportation is held out. After a charter contract is signed, copies
of solicitation material shall be furnished the carrier at the same time
it is distributed to members.
(e) Printed solicitation materials shall contain the following notice
in boldface, 10-point or larger type:
SOME OF THE FEDERAL RULES THAT PROTECT AGAINST TOUR CHANGES AND LOSS
OF PASSENGERS' MONEY IN PUBLICLY-SOLD CHARTERS DO NOT APPLY TO THIS
PROGRAM.
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1176, 45 FR
40574, June 16, 1980)
14 CFR 207.41 Passengers on charter flights.
Only bona fide members of the charterer, and their immediate
families, may participate as passengers on a charter flight, and the
participants must be members of the specific organization or chapter
which authorized the charter. The charterer must maintain a central
membership list, available for inspection by the carrier or Board
representative, which shows the date each person became a member. 3004
Where four or more round-trip flights per calendar year are conducted on
behalf of a chartering organization by a carrier or carriers,
intermingling between flights or reforming of planeload groups, or less
than planeload groups, (see 207.11(c)), shall not be permitted, and
each group must move as a unit in both directions, except as provided in
207.14.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
0043Where the charter is based on employment in one entity or student
or employee status at a school, records of the corporation, agency or
school will suffice to meet the requirements.
14 CFR 207.42 Participation of immediate families in charter flights.
(a) The immediate family of any bona fide member of a charter
organization may participate in a charter flight.
(b) ''Immediate family'' means only the following persons who are
living in the household of a member of a charter organization, namely,
the spouse, dependent children, and parents, or such member.
14 CFR 207.43 Charter costs.
(a) The costs of charter flights shall be prorated equally among all
charter passengers, and no charter passenger shall be allowed free
transportation; except that (1) children under 12 years of age may be
transported at a charge less than the equally prorated charge; and (2)
children under 2 years of age may be transported free of charge.
(b) The charterer shall not make charges to the charter participants
which exceed the actual costs incurred in consummating the charter
arrangements, nor include as a part of the assessment for the charter
flight any charge for purposes of charitable donations. All charges
related to the charter flight arrangements collected from the charter
participants which exceed the actual costs thereof shall be refunded to
the participants in the same ratio as the charges were collected.
(ER-802, 38 FR 14157, May 30, 1973, as amended at 46 FR 31000, June
12, 1981)
14 CFR 207.44 Statement of charges.
The chartering organization, in any announcements or statements to
prospective charter participants giving price per seat, shall state that
the seat price is a pro rata share of total charter cost and is subject
to increase or decrease depending on the number of participants. All
announcements shall separately state the cost of ground arrangements, if
any, the cost of air transportation, the administrative expenses of the
charterer, and the total cost of the entire trip. All announcements
shall also identify the carrier, the number of seats available and the
type of aircraft to be used for the charter.
14 CFR 207.45 Passenger lists.
(a) Prior to each one-way or round-trip flight, a list shall be filed
by the charterer with the air carrier showing the names, addresses, and
telephone numbers of the persons to be transported, including standbys
who may be transported, specifying the relationship of each such person
to the charterer (by designating opposite his name one of the three
relationship categories hereinafter described), the date the person
joined or last renewed a lapsed membership in the charter organization,
and the designation ''one-way'' in the case of one-way passengers. The
list shall be amended if passengers are added or dropped before flight.
(b) The relationship of a prospective passenger shall be classified
under one of the following categories and specified on the passenger
list as follows:
(1) A bona fide member of the chartering organization who will have
been a bona fide member of the chartering organization for at least 6
months prior to the starting flight date. Specify on the passenger list
as ''(1) member.''
(2) The spouse, dependent child or parent of a bona fide member who
lives in such member's household. Specify on the passenger list as
''(2) spouse'' or ''(2) dependent child'' or ''(2) parent.'' Also give
name and address of member relative where such member is not a
prospective passenger.
(3) Bona fide members of entities consisting only of persons employed
by a single Government agency, industrial plant, or mercantile company
or students and employees of a school or persons whose proposed
participation in the charter flight was permitted by the Board pursuant
to request for waiver. Specify on the passenger lists as ''(3)
special'' or ''(3) member'' (where participants are from a school group
or from a Government agency, industrial plant or mercantile company).
(c) In the case of a round-trip flight, the above information must be
shown for each leg of the flight and any variations between the outbound
and inbound trips must be explained on the list.
(d) Attached to such list must be a certification, signed by a duly
authorized representative of the charterer, reading:
The attached list of persons includes every individual who may
participate in the charter flight. Every person as identified on the
attached list (1) was a bona fide member of the chartering organization,
and will have been a member for at least 6 months prior to the starting
flight date, or (2) is a bona fide member of an entity consisting of (a)
students and employees of a single school, or (b) employees of a single
Government agency, industrial plant, or mercantile establishment, or (3)
is a person whose participation has been specifically permitted by the
Civil Aeronautics Board, or (4) is the spouse, dependent child, or
parent of a person described hereinbefore and lives in such person's
household. 4005
(Signature)
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
0054Whoever, 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 of
entry, shall be fined not more than $10,000 or imprisoned not more than
5 years, or both. Title 18, U.S.C. 1001.
14 CFR 207.46 Application for a charter.
A chartering organization shall make written application to the air
carrier, setting forth the number of seats desired, points to be
included in the proposed flight or flights, and the dates of departure
for each one-way or round-trip flight, and the number of round-trip
flights which have been conducted for the organization by any carrier or
carriers during the calendar year.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.47 Statement of Supporting Information.
Charterers shall execute and file with the foreign air carrier
section B of part II of the Statement of Supporting Information
(Appendix B) at such time as required by the carrier to afford it due
time for review thereof.
(Approved by the Office of Management and Budget under control number
3024-0011)
(ER-1221, 46 FR 28378, May 26, 1981, as amended by ER-1238, 46 FR
43035, Aug. 26, 1981)
14 CFR 207.47 Subpart C -- Provisions Relating to Single Entity Charters
14 CFR 207.50 Applicability of subpart.
This subpart sets forth the special rules applicable to single entity
charters.
14 CFR 207.53 Statement of Supporting Information.
Part I of the Statement of Supporting Information (Appendix B) shall
be applicable in the case of single entity charters.
(ER-1221, 46 FR 28378, May 26, 1981)
14 CFR 207.53 Subpart D -- Provisions Relating to Mixed Charters
14 CFR 207.60 Applicable rules.
The rules set forth in Subpart B of this part shall apply in the case
of mixed charters.
14 CFR 207.60 Subpart E -- Direct Sales by Air Carriers
Authority: Secs. 102, 204, 401, 416 of the Federal Aviation Act of
1958, as amended, 92 Stat. 1706, 72 Stat. 743, 754, 92 Stat. 1731;
(49 U.S.C. 1302, 1324, 1371, 1386).
Source: ER-1141, 44 FR 50824, Aug. 29, 1979, unless otherwise
noted.
14 CFR 207.70 Applicability of subpart.
This subpart applies to direct air carriers that provide charter
trips, including trips with ground accommodations and services, directly
to individuals.
14 CFR 207.71 Terms of service.
(a) Charter trips under this subpart shall bear only such
characteristics as are permitted for Public Charters under Part 380 of
this chapter, except:
(1) They may be arranged and sold by a direct air carrier;
(2) There is no minimum contract size; and
(3) Each participant contract shall be signed by or on behalf of the
participant not less than 7 days before departure of the outbound
flight.
(b) Each direct air carrier operating a charter trip under this
subpart shall comply with all the requirements and limitations of Part
380 of this chapter, Public Charters, applicable to direct carriers and
to charter operators except that:
(1) Those provisions of Part 380 of this chapter relating to the
existence of a contract between a charter operator and a direct carrier
do not apply;
(2) Section 380.34 does not apply except as specified in paragraph
(b)(4) of this section.
(3) If a depository agreement is used, it shall comply with 380.34a
(d) and (f); and
(4) If a security agreement is used, it shall comply with 380.34 (c)
and (d), and:
(i) If no depository agreement is used, protect charter participant
deposits (including those for ground accommodations and services) and
assure the direct air carrier's contractual and regulatory
responsibilities to charter participants in an unlimited amount (except
that the liability of the securer with respect to any charter
participant may be limited to the charter price paid by or on behalf of
such participant);
(ii) If used in combination with a depository agreement, protect
charter participant deposits (including those for ground accommodations
and services) and assure the direct air carrier's contractual and
regulatory responsibilities to charter participants in the amount of at
least $10,000 times the number of flights, except that the amount need
not be more than $200,000. The liability of the securer with respect to
any charter participant may be limited to the charter price paid by or
on behalf of such participant.
(c) For the purposes of this section, ''charter trips'' includes
charter tours with or without ground accommodations and services.
14 CFR 207.72 Board powers.
The Board retains, with respect to charters under this subpart, all
powers that it has under Part 380 of this chapter with respect to Public
Charters.
14 CFR 207.72 Part 207, App. A
14 CFR 207.72 Appendix A -- Route Air Carrier's Surety Bond Under Part
207 of the Economic Regulations of the Civil Aeronautics Board (14 CFR
Part 207)
Know all men by these presents, that we ------------ (Name of route
air carrier) of ------------ (City), ------------ (State) as PRINCIPAL
(hereinafter called Principal), and ------------ (Name of Surety) a
corporation created and existing under the laws of the State of
------------ (State) as SURETY (hereinafter called Surety) are held and
firmly bound unto the United States of America in an unlimited sum, as
required by 207.17(c) of Part 207, for which payment, well and truly to
be made, we bind ourselves and our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these
presents.
Whereas, the Principal, a route air carrier holding a certificate of
public convenience and necessity issued under section 401(d)(1) of the
Federal Aviation Act, is subject to rules and regulations of the Board
relating to security for the protection of charterers of civil aircraft
and has elected to file with the Civil Aeronautics Board such a bond as
will guarantee to the United States Government the performance of all
charter trips (other than cargo charter trips) originating in the United
States and of all overseas military personnel charter trips, as defined
in Part 372 of the Board's regulations, to be performed, in whole or in
part, by such carrier pursuant to contracts entered into by such carrier
after the execution date of this bond; and
Whereas, this bond is written to assure compliance by the Principal
with rules and regulations of the Board relating to security for the
protection of charterers of civil aircraft for charter trips (other than
cargo charter trips) originating in the United States or of overseas
military personnel charters, and shall inure to the benefit of any and
all such charterers to whom the Principal may be held legally liable for
any of the damages herein described.
Now, therefore, the condition of this obligation is such that if the
Principal shall pay or cause to be paid to such charterers any sum or
sums for which the Principal may be held legally liable by reason of the
Principal's failure faithfully to perform, fulfill, and carry out all
contracts made by the Principal while this bond is in effect for the
performance of charter trips (other than cargo charter trips)
originating in the United States and of overseas military personnel
charter trips, than this obligation shall be void, otherwise to remain
in full force and effect.
The liability of the Surety with respect to any charterer shall not
exceed the total cost to such charterer for air transportation services
in accordance with his contract with the Principal.
The liability of the Surety shall not be discharged by any payment or
succession of payments hereunder in any specified amount. The Surety
agrees to furnish written notice to the Civil Aeronautics Board
forthwith of all suits filed, judgments rendered, and payments made by
said Surety under this bond.
This bond is effective the ---- day of -------- , 19 ---- , 12:01
a.m., standard time at the address of the Principal as stated herein and
shall continue in force until terminated as hereinafter provided. The
Principal or the Surety may at any time terminate this bond by written
notice to the Civil Aeronautics Board at its office in Washington, D.C.,
such termination to become effective thirty (30) days after actual
receipt of said notice by the Board. The Surety shall not be liable
thereunder for the payment of any damages hereinbefore described which
arise as the result of any contracts for the performance of air
transportation services made by the Principal after the termination of
this bond becomes effective, as herein provided, but said termination
shall not affect the liability of the Surety hereunder for the payment
of such damages arising as the result of contracts for the performance
of air transportation services made by the Principal prior to the date
such termination becomes effective. Liability of the Surety under this
bond shall in all events be limited only to a charterer who shall within
sixty (60) days after the cancellation of a charter trip with respect to
which the charterer's advance payments are secured by this bond give
written notice of the claim to the route air carrier, or, if he is
unavailable, to the Surety, and all liability on the bond for such
charter trip shall automatically terminate sixty (60) days after the
cancellation date thereof except for claims filed within the time
provided herein.
In witness whereof, the said Principal and Surety have executed this
instrument on the ---- day of -------- , 19 ---- .
PRINCIPAL SURETY
Name ------------ Name ------------ (SEAL)
By ---------------- By ----------------
(Signature and Title) (Signature and Title)
Witness ---------- - -- Witness --------------
Only corporations may qualify to act as surety and they must meet the
requirements set forth in 207.17(d) of Part 207.
(ER-809, 38 FR 20255, July 30, 1973)
14 CFR 207.72 Part 7, App. B
14 CFR 207.72 Appendix B -- Statement of Supporting Information /1/
Part I -- To be completed by air carrier for each single entity,
mixed, or pro rata charter. (Where more than one round-trip flight is
to be performed under the charter contract, clearly indicate
applicability of answers.)
1. Name of transporting carrier:
2. Commencement date(s) of proposed flight(s):
(a) Going
(b) Returning
3. Points to be included in proposed flight(s)
(a) From ------------ to ------------
(b) Returning from ------------ to ------------
(c) Other stops required by charterer: ----
4. (a) Type of aircraft to be used: --------
(b) Seating capacity: ----------------
(c) Number of persons to be transported:
5. Total charter price:
6. (a) Has the carrier paid, or does it contemplate payment of any
commissions, direct or indirect, in connection with the proposed flight?
Yes ( ) No ( )
(b) If ''yes'' give names and addresses of such recipients and
indicate the amount paid or payable to each recipient. If any
commission to a travel agent exceeds 5 percent of the total charter
price, attach a statement justifying the higher amount under this
regulation.
7. (a) Will the carrier or any affiliate provide any services or
perform any functions in addition to the actual air transportation? Yes
( ) No ( )
(b) If ''yes'' describe services or functions:
8. Name and address of charterer:
9. If charter is single entity, indicate purpose of flight:
10. On what date was the charter contract executed?
11. If the charter is pro rata, has a copy of Part 207 of the Civil
Aeronautics Board's Economic Regulations been mailed to or delivered to
the prospective charterer?
Yes ( ) No ( )
Part II -- To be completed for pro rata or mixed charters only.
Section A -- To be supplied by travel agent, or where none, by the
air carrier or an affiliate under its control where either of the latter
performs or provides any travel agency function or service (excluding
air transportation sales but including land tour arrangements).
1. What specific services have been or will be provided by agent to
charterer on a group basis?
2. What specific services have been or will be provided by agent to
individual participants in the proposed charter?
3. Has the agent or, to his knowledge, have any of his principals,
officers, directors, associates or employees compensated any members of
the chartering organization in relation either to the proposed charter
flight or any land tour?
Yes ( ) No ( )
4. Does the agent have any financial interest in any organization
rendering services to the chartering organization?
Yes ( ) No ( )
If answer is ''yes'' explain:
I, -------------------- (Name) represent and warrant that I have
acted with regard to this charter operation (except to the extent fully
and specifically explained in Part II, Section A) and will act with
regard to such operation in a manner consistent with Part 207 of the
Board's economic regulations.
(Date)
(Signature and address of travel agent or, if none, of authorized
official of air carrier where such carrier or an affiliate under its
control performs any travel agency function or service (excluding air
transportation sales but including land tour arrangements).)
Section B -- To be supplied by charterer:
1. Description of chartering organization, including its objectives
and purposes:
2. What activities are sponsored by the chartering organization?
3. When was the organization founded?
4. Qualification or requirements for membership in organization and
membership fee, if any:
5. Has there been any reference to prospective charter flights in
soliciting new members for the charter organization?
Yes ( ) No ( )
6. State where a list of members is available for inspection.
7. Attach list of prospective passengers (including ''standbys'' and
one-way passengers designated as such), showing for each: (a) Name and
address; (b) relationship of such person to chartering organization,
i.e., member, spouse, dependent child, parent or ''special'' (a person
whose proposed participation in the charter flight was permitted by the
Board pursuant to request for waiver); (c) if such person is related to
a member who is not a prospective passenger, the member's name and
address; and (d) date member joined or last renewed a lapsed
membership.
(Note: This is a list of prospective passengers and does not
necessarily have to represent the passengers actually to be carried.
The list is to be amended, if passengers are dropped or added before
flights and the certification required by 207.45 must be attached to
the list.)
8. What are requirements for participation in charter?
9. How were prospective participants for charter solicited (attach
any solicitation material)?
10. Will there be any participants in the charter flight other than
(1) members of the chartering organization or (2) spouse, dependent
children, and parents of a member of the chartering group residing in
the same household with the member?
Yes ( ) No ( )
11. Will there be any members of the chartering organization
participating in the charter who will have been members of the
organization for a period of less than 6 months prior to flight date?
3008
Yes ( ) No ( ).
If answer is ''yes'', give names of participants who will not have
been members for 6 months:
12. If there is any intermediary involved in the charter, other than
the travel agent whose participation is described in Part II, Section A,
submit name, address, remuneration, and scope of activity:
13. Estimated receipts: ------------ (Pro rata charge)
------------ (Number of passengers) = $ ------------ (Estimated receipts
from charter)
Estimated receipts from other sources, if any:
Explain:
(a) Total receipts: $
Estimated expenditures, including aircraft charter (separately
itemize air transportation, land tour, and administrative expenses):
Item Amount Payable to
(b) Total expenditures:
$ ------
Explain any difference between (a) and (b):
14. Are any of the expenses included in Item 13 above, to be paid to
any members of the chartering organization?
Yes ( ) No ( )
If ''yes'' state how much, to whom and for what services:
15. Is any member of the chartering organization to receive any
compensation or benefit directly or indirectly from the air carrier, the
travel agent, or any organization providing services in relation to the
air or land portion of the trip? Yes ( ) No ( ) If ''yes'' explain
fully:
16. Will any person in the group (except children under 2 years) be
transported without charge? Yes ( ) No ( )
17. Will charter costs be divided equally among charter participants,
except to the extent that a lesser charge is made for children under 12
years old? Yes ( ) No ( )
18. Separately state for the outbound and inbound flights the number
of one-way passengers anticipated to be transported in each direction:
19. If four or more round trips are contracted for, will each group
move as a unit in both directions? Yes ( ) No ( )
20. If charters have been performed for organization during past 5
years, give dates and name of carrier performing charters:
21. Has a copy of Part 207 ''Charter Trips and Special Services'' of
the Economic Regulations of the Civil Aeronautics Board been received by
the charterer? Yes ( ) No ( )
22. Attach copies of all announcements of the chartering organization
in connection with the charter issued after the charter contract is
signed.
I, -------------------- 009 (Name) and -------------------- (Name)
represent and warrant that the charterer has acted with regard to this
charter operation (except to the extent fully and specifically explained
in Part II, Section B), and will act with regard to such operations, in
a manner consistent with Part 207 of the Board's economic regulations.
I (we) further represent and warrant that the charterer has not offered
charter flights simultaneously with the solicitation of membership in
the chartering organization in any mass media advertising or notice or
through direct mailing or public posters. I (we) further represent and
warrant that all charter participants have been informed of eligibility
and cost requirements of Part 207 and that a flight may be canceled if
ineligible participants are included.
(Date)
(Signature -- person within organization in charge of charter
arrangements)
(Signature and title of officer. This should be the chief officer of
the chartering organization except in the case of a school charter, in
which case the warranty must be by school official not directly involved
in charter.)
To the best of my knowledge010 and belief all the information
presented in this statement, including but not limited to, those parts
warranted by the charterer and the travel agent, is true and correct. I
represent and warrant that the carrier has acted with regard to this
charter operation (except to the extent fully and specifically explained
in this statement or any attachment thereto) and will act with regard to
such operation in a manner consistent with Part 207 of the Board's
economic regulations.
(Date)
(Signature and title of authorized official of air carrier)
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.
Title 18 U.S.C. 1001.
(Secs. 102, 204, 403, and 416 of the Federal Aviation Act of 1958, as
amended by Pub. L. 95-504, 72 Stat. 740, 743, 758, 771, 92 Stat. 1731,
1732; 49 U.S.C. 1302, 1324, 1373, and 1386)
(ER-802, 38 FR 14157, May 30, 1973, as amended by ER-1126, 44 FR
33054, June 8, 1979. Redesignated by ER-1221, 46 FR 28378, May 26, 1981)
/1/ This must be retained by the air carrier for 2 years pursuant to
the requirements of Part 249, but open to Board inspection, and to be
filed with the Board on demand.
/2/ Any air carrier, or any officer, agent, employee, or
representative thereof, who shall, knowingly and willfully, fail or
refuse * * * to keep or preserve accounts, records, and memoranda in the
form and manner prescribed or approved by the Board * * *, or shall,
knowingly and willfully, falsify, mutilate, or alter any such report,
account, record, or memorandum * * * shall be deemed guilty of a
misdemeanor and, upon conviction thereof, be subject for each offense to
a fine of not less than $100 and not more than $5,000. Title 49 U.S.C.
Whoever, in any manner 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. Title 18, U.S.C. 1001.
3Not applicable to school charters, nor to charters limited to
employees of a single Government agency, industrial plant, or mercantile
company.
0094Whoever, 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. Title 18 U.S.C. 1001.
/5/ Any air carrier, or any officer, agent, employee, or
representative thereof, who shall, knowingly and willfully, fail or
refuse * * * to keep or preserve accounts, records, and memoranda in the
form and manner prescribed or approved by the Board * * *, or shall,
knowingly and willfully, falsify, mutilate, or alter any such report,
account, record, or memorandum * * * shall be deemed guilty of a
misdemeanor and, upon conviction thereof, be subject for each offense to
a fine of not less than $100 and not more than $5,000. Title 49 U.S.C.
1472(e).
14 CFR 207.72 Part 208
14 CFR 207.72 PART 208 -- TERMS, CONDITIONS AND LIMITATIONS OF CERTIFICATES TO ENGAGE IN CHARTER AIR TRANSPORTATION
14 CFR 207.72 Subpart A -- General Provisions
Sec.
208.1 Applicability.
208.2 Separability.
208.3 Definitions.
208.3a Waiver.
208.4 (Reserved)
208.5 Prior authorization of long-term wet leases to foreign air
carriers.
208.6 Charter flight limitations.
tion Liability Limits
208.10 Applicability of liability insurance requirements.
208.11 Filing requirements for adherence to Montreal Agreement.
208.25 Minimum service requirements.
208.30 Baggage liability.
208.31 Transportation of persons who may need help during aircraft
evacuation.
208.31a Written agreements with ticket agents.
208.31b Written contracts with charterers.
208.32 Terms of service.
208.32a Flight delays and substitute air transportation (foreign).
208.33 Flight delays and substitute air transportation (interstate
and overseas).
208.33a Substitution or subcontracting.
208.34-208.35 (Reserved)
208.36 Substitute transportation in emergencies.
208.37 Exemption.
208.38 Suspension of exemption authority.
208.40 Protection of customers' deposits.
14 CFR 207.72 Subpart B -- Provisions Relating to Military Charters
208.100 Applicability of subpart.
208.101 (Reserved)
208.102 Substitute service.
208.103 Terms of service.
14 CFR 207.72 Subpart B1 -- Provisions Relating to Military Backhaul
Charters
208.150 Military backhaul exemption.
14 CFR 207.72 Subpart C -- Provisions Relating to Pro Rata Charters
208.200 Applicability of subpart.
208.200a Solicitation and formation of a chartering group.
208.201 Pretrip notification and charter contract.
208.202 (Reserved)
208.202a Statement of Supporting Information.
208.202b Charter trips originating in the United States.
208.202c Air carrier to identify enplanements.
208.203 (Reserved)
208.204 Statement of supporting information.
208.210 Solicitation of charter participants.
208.211 Passengers on charter flights.
208.212 Participation of immediate families in charter flights.
208.213 Charter costs.
208.214 Statements of charges.
208.215 Passenger lists.
208.216 Application for a charter.
208.217 Statement of supporting information.
14 CFR 207.72 Subpart D -- Provisions Relating to Single Entity
Charters
208.300 Applicability of subpart.
208.301 Terms of service.
208.302 (Reserved)
208.303 Statement of Supporting Information.
14 CFR 207.72 Subpart E -- Provisions Relating to Mixed Charters
208.400 Applicable rules.
14 CFR 207.72 Subpart F -- Direct Sales by Air Carriers
208.500 Applicability of subpart.
208.501 Terms of service.
208.502 Board powers.
Appendix A -- Supplemental Air Carriers' Surety Bond Under Part 208
of the Economic Regulations of the Civil Aeronautics Board (14 CFR Part
208)
Appendix B -- Statement of Supporting Information
Authority: Secs. 101(3), 102, 204, 401, 403, 404, 407, 411, 416,
417, 1002, Pub. L. 85-726, as amended, 72 Stat. 737, 740, 743, 754,
758, 760, 766, 769, 771, 788; 76 Stat. 145; 49 U.S.C. 1301, 1302,
1324, 1371, 1373, 1374, 1377, 1381, 1386, 1387, 1482.
Source: ER-803, 38 FR 14272, May 31, 1973, unless otherwise noted.
14 CFR 207.72 Subpart A -- General Provisions
14 CFR 208.1 Applicability.
This part contains terms, conditions, and limitations on the
operating authority of supplemental air carriers, including substantive
regulations implementing paragraphs (1), (2), and (3) of section 401(n)
of the Act. The requirements of this part shall constitute terms,
conditions, and limitations attached to certificates issued pursuant to
section 401(d)(3) of the Act. The requirements shall also attach to
special operating authorizations issued under section 417 or to
exemptions issued under section 416 of the Act.
14 CFR 208.2 Separability.
If any provision of this part or the application thereof to any air
transportation, person, class of persons, or circumstance is held
invalid, neither the remainder of the part nor the application of such
provision to other air transportation, persons, classes of persons, or
circumstances shall be affected thereby.
14 CFR 208.3 Definitions.
For the purposes of this part:
(a) ''Filing'' shall mean filing in compliance with 302.3(a) of this
chapter except that provisions in this part which require filing with
Board offices other than the Docket Section shall be controlling.
(b) ''Supplemental air carrier'' means an air carrier holding a
certificate issued under section 401(d)(3) of the Act, or a special
operating authorization issued under section 417 of the Act.
(c) ''Supplemental air transportation'' means charter flights in air
transportation performed pursuant to a certificate of public convenience
and necessity issued under section 401(d)(3) of the Act (1) authorizing
the holder to engage in supplemental air transportation of persons and
property between any point in any State of the United States or the
District of Columbia, and any other point in any State of the United
States or the District of Columbia (exclusive of air transportation
within the State of Alaska) or in foreign or overseas supplemental air
transportation, or (2) authorizing the holder to engage in supplemental
air transportation of persons and their personal baggage between any
point in any State of the United States or the District of Columbia, on
the one hand, and points in Greenland, Iceland, the Azores, Europe,
Africa, and Asia, as far east as (and including) India, on the other
hand.
(d) ''Agreement'' means any oral or written agreement, contract,
understanding, or arrangement, and any amendment, revision,
modification, renewal, extension, cancellation, or termination thereof.
(e) ''Cargo agent'' means any person (other than a supplemental air
carrier or one of its bona fide regular employees or an indirect air
carrier lawfully engaged in air transportation under authority conferred
by any applicable part of the economic regulations of the Board) who for
compensation or profit (1) solicits, obtains, receives, or furnishes
directly or indirectly, property or consolidated shipments of property
for transportation upon the aircraft of supplemental air carriers; or
(2) procures or arranges for air transportation of property or
consolidated shipments of property upon aircraft of a supplemental air
carrier by charter, lease, or any other arrangement.
(f) (Reserved)
(g) ''Ticket agent'' means any person (other than a supplemental air
carrier or one of its bona fide regular employees) who for compensation
or profit (1) solicits, obtains, receives, or furnishes directly or
indirectly, passengers or groups of passengers for transportation upon
the aircraft of a supplemental air carrier; or (2) procures or arranges
for air transportation of passengers or groups of passengers upon
aircraft of a supplemental air carrier by charter, lease, or any other
arrangement.
(h) ''Pro rata charter'' means a charter, the cost of which is
divided among the passengers transported.
(i) ''Single entity charter'' means a charter, the cost of which is
borne by the charterer and not by individual passengers, directly or
indirectly.
(j) ''Mixed charter'' means a charter, the cost of which is borne, or
pursuant to contract may be borne, partly by the charter participants
and partly by the charterer.
(k) ''Person'' means any individual, firm, association, partnership,
or corporation.
(l) ''Travel agent'' means any person engaged in the formation of
groups for transportation or in the solicitation or sale of
transportation services.
(m) ''Charter group'' means that body of individuals who shall
actually participate in the charter flight.
(n) ''Charter organization'' means that organization, group, or other
entity from whose members (and their immediate families) a charter group
is derived.
(o)-(r) (Reserved)
(s) ''Charter flight'' means air transportation performed by
supplemental air carriers in accordance with 208.6.
(t) ''Substitute service'' means the performance by an air carrier of
foreign or overseas air transportation, or air transportation between
the 48 contiguous States, on the one hand, and the State of Alaska or
Hawaii, on the other hand, in planeload lots pursuant to an agreement
with another air carrier to fulfill such other air carrier's contractual
obligations to perform such air transportation for the Department of
Defense.
(u) ''Indirect air carrier'' means any citizen of the United States
authorized to engage indirectly in air transportation.
(v) ''Net worth'' means the net stockholder equity as specified in
form 41 balance sheet account 2995 of the ''Uniform System of Accounts
and Reports.''
(w) ''Long-term wet lease'' means a lease by which the lessor
provides both an aircraft and its crew, which either (1) lasts more than
60 days, or (2) is part of a series of such leases that amounts to a
continuing arrangement lasting more than 60 days.
(ER-803, 38 FR 14272, May 31, 1973, as amended by ER-1096, 44 FR
6645, Feb. 1, 1979; ER-1249, 46 FR 47767, Sept. 30, 1981)
14 CFR 208.3a Waiver.
(a) A waiver of any of the provisions of this part may be granted by
the Board upon the submission by an air carrier of a written request
therefor not less than 30 days prior to the flight to which it relates
provided such a waiver is in the public interest and it appears to the
Board that special or unusual circumstances warrant a departure from the
provisions set forth herein. Notwithstanding the foregoing, waiver
applications filed less than 30 days prior to a flight may be accepted
by the Board in emergency situations in which the circumstances
warranting a waiver did not exist 30 days before the flight.
(b) A request for a waiver of any of the provisions of 208.202b
shall be accompanied by a list of the names, addresses, and telephone
numbers of all the passengers on the flight to which the request
relates.
(Approved by the Office of Management and Budget under control number
3024-0001)
(ER-803, 38 FR 14272, May 31, 1973, as amended by ER-1340, 48 FR
31013, July 6, 1983)
208.4 (Reserved)
14 CFR 208.5 Prior authorization of long-term wet leases to foreign air
carriers.
(a) A direct air carrier shall not perform any flights for a direct
foreign air carrier under a long-term wet lease unless it has obtained a
statement of authorization under this section.
(b) Applications for a statement of authorization shall be submitted
in letter form in three copies to the Civil Aeronautics Board, addressed
to the Director, Bureau of International Aviation. A copy of the
application shall also be served on the Federal Aviation Administration,
addressed to the Director of Flight Operations, and on each certificated
air carrier that is authorized to serve the same general area in which
the proposed transportation is to be performed.
(c) The application shall describe the purpose and terms of the wet
lease agreement. It shall also include documentation to establish the
extent to which the country of the lessee's nationality deals with
United States air carriers on the basis of reciprocity for similar wet
leases, if such wet leases are not subject to a bilateral agreement and:
(1) The Board has not established that the country accords
reciprocity,
(2) The Board has found reciprocity defective in the most recent
prior approval application involving the country; or
(3) Changes in reciprocity have occurred since the most recent Board
finding for the country in question.
(d) Applications for a statement of authorization under this section
shall be filed at least 45 calendar days before the date of the first
proposed flight.
(e) Any party in interest may file a memorandum supporting or
opposing an application. Three copies of each memorandum shall be filed
within 7 business days after service of the application, and a copy
shall be served on the applicant air carrier. Each memorandum shall set
forth the reasons why the application should be granted or denied,
accompanied by whatever data, including affidavits, the Board is
requested to consider.
(f)(1) Unless otherwise ordered by the Board, each application and
memorandum filed in response will be available for public inspection at
the Regulatory Affairs Division of the Bureau of International Aviation
immediately upon filing. Notice of the filing of all applications will
be published in the Board's Weekly List of Applications Filed.
(2) Any person objecting to public disclosure of any information in
an application or memorandum must state the grounds for the objection in
writing. If the Board finds that disclosure of all or part of the
information would adversely affect the objecting person, and that the
public interest does not require disclosure, it will order that the
injurious information be withheld.
(g) The Board will issue a statement of authorization if it finds
that the proposed wet lease is in the public interest. Statements of
authorization may be conditioned or limited. In determining the public
interest the Board will consider (but not be limited to) the following
factors:
(1) The extent to which the authority sought is covered by and
consistent with bilateral agreements to which the United States is a
party, or should be so covered;
(2) The extent to which the foreign country involved deals with
United States carriers on the basis of substantial reciprocity; and
(3) Whether the applicant (lessor) or its agent has previously
violated the provisions of this part, or the lessee or its agent has
previously violated the provisions of Part 212 or 218 of this chapter.
(h) The Board will publish notice of its actions on applications for
statements of authorization in the Status of Charter Applications
attachment to the Weekly List of Applications Filed. Interested persons
may upon request obtain copies of letters advising applicants of action
taken on their applications.
(Approved by the Office of Management and Budget under control number
3024-0001)
(ER-1249, 46 FR 47767, Sept. 30, 1981, as amended by ER-1340, 48 FR
31013, July 6, 1983)
14 CFR 208.6 Charter flight limitations.
(a) Passenger charter flights in air transportation shall be limited
to the following:
(1) Air transportation pursuant to contracts with the Department of
Defense where all of that portion of the capacity configured for
passengers of an aircraft has been engaged by the Department;
(2) Air transportation performed on a time, mileage, or trip basis
where all or part of the capacity of an aircraft has been engaged by any
of the following persons:
(i) By a person for his or her own use, including a direct air
carrier or a direct foreign air carrier, except that long-term wet
leases to foreign air carriers are subject to prior authorization under
208.5.
(ii) By a person (no part of whose business is the formation of
groups or the consolidation of shipments for transportation or the
solicitation or sale of transportation services) for the transportation
of a group of persons, as agent or representative of such group;
(iii) By an overseas military personnel charter operator as defined
in Part 372 of this chapter; or
(iv) By a charter operator or foreign charter operator as defined in
Part 380 of this chapter.
(3) Air transportation performed on a time, mileage, or trip basis by
a direct air carrier in accordance with Subpart F of this part.
(b)(1) Each person engaging less than the entire capacity of an
aircraft for the movement of persons and their personal baggage pursuant
to paragraph (a)(2) of this section shall contract and pay for 20 or
more seats.
(2) (Reserved)
(3) This section permits the carriage of charter cargo on the main
desk or in the belly of a passenger charter flight.
(c) Cargo charter flights in air transportation are permitted without
limitation, except that long-term wet leases to foreign air carriers are
subject to prior authorization under 208.5. Charter cargo may be
transported both on scheduled flights carrying individually-ticketed
and/or individually-waybilled traffic and on flights carrying charter
traffic only.
(ER-1190, 45 FR 53363, Aug. 11, 1980, as amended by ER-1249, 46 FR
47768, Sept. 30, 1981; ER-1277, 47 FR 134, Jan. 5, 1982)
14 CFR 208.6 Liability Insurance Requirements; Waiver of Warsaw Convention Liability Limits
14 CFR 208.10 Applicability of liability insurance requirements.
No charter air carrier shall engage in air transportation unless such
carrier has and maintains in effect aircraft accident liability coverage
that meets the requirements of Part 205 of this chapter.
(ER-1254, 46 FR 52583, Oct. 27, 1981)
14 CFR 208.11 Filing requirements for adherence to Montreal Agreement.
It shall be a condition upon the holding of a certificate or other
authority authorizing air transportation that the holder have and
maintain in effect and on file with the Board a signed counterpart of
CAB Agreement 18900 (CAB Form 263), and comply with all other
requirements in Part 203 of this chapter. That form can be obtained
from the Publications Services Division, Civil Aeronautics Board,
Washington, D.C. 20428.
(Approved by the Office of Management and Budget under control number
3024-0064)
(ER-1327, 48 FR 8048, Feb. 25, 1983, as amended by ER-1340, 48 FR
31013, July 6, 1983)
14 CFR 208.11 Minimum Extent of Service
14 CFR 208.25 Minimum service requirements.
Each supplemental air carrier shall perform services authorized by
its certificate or authority to engage in supplemental air
transportation for at least 500 hours of revenue flight in any two
consecutive calendar quarters. Failure to perform such minimum services
will be deemed to constitute a prima facie case for suspension of the
carrier's operating authority pursuant to the provisions of section
401(n)(5) of the Act: Provided, That the carrier may, within 15 days
after the end of the two consecutive calendar quarters in which such
failure occurred, show unusual circumstances constituting good cause why
its operating authority should not be suspended.
14 CFR 208.25 Operations
14 CFR 208.30 Baggage liability.
Air carriers shall not limit their baggage liability for interstate
and overseas charter flights except as set forth in 14 CFR Part 254.
(ER-1312, 48 FR 227, Jan. 4, 1983; 48 FR 3584, Jan. 26, 1983)
14 CFR 208.31 Transportation of persons who may need help during
aircraft evacuation.
Except as set forth in Part 121 of the Federal Aviation Regulations
(14 CFR Part 121), air carriers shall not limit the availability, upon
reasonable request, of air transportation and related services to a
person who may require help from another person in expeditiously moving
to an emergency exit for evacuation of an aircraft.
(ER-1172, 44 FR 33054, June 8, 1979)
14 CFR 208.31a Written agreements with ticket agents.
Each agreement between a supplemental air carrier and any ticket or
cargo agent shall be reduced to writing and signed by all the parties
thereto, if it relates to any of the following subjects:
(a) The furnishing of persons or property for transportation;
(b) The arranging for flights for the accommodation of persons or
property;
(c) The solicitation or generation of passenger or cargo traffic to
be transported;
(d) The charter or lease of aircraft.
14 CFR 208.31b Written contract with charterers.
Every agreement to perform a charter trip, except charters for the
Department of Defense, shall be in writing and signed by an authorized
representative of the supplemental air carrier and the charterer prior
to operation of a charter flight: Provided, That where execution of a
contract prior to commencement of flight is impracticable because the
charter has been arranged on short notice, compliance with the provision
hereof shall be effected within seven (7) days after commencement of the
flight. The written agreement shall include without limitation:
(a) Date and place of execution of the contract or agreement;
(b) Signature, printed or typed name of each signatory, and official
position of each;
(c) Dates of flights and points involved;
(d) Type and capacity of aircraft: Number of passenger seats
available or pounds of cargo capacity;
(e) Rates, fares, and charges applicable to the charter trip,
including the charter price, live and ferry mileage charges, and layover
and other nonflight charges;
(f) The name and address of either the surety whose bond secures
advance charter payments received by the carrier or of the carrier's
depository bank to which checks or money orders for advance charter
payments are to be made payable, as escrow holder pending completion of
the charter trip; and
(g) A statement that unless the charterer files a claim with the
carrier, or, if he is unavailable, with the surety, within sixty (60)
days after the cancellation of a charter trip with respect to which the
charterer's advance payments are secured by the bond, the Surety shall
be released from all liability under the bond to such charterer for such
charter trip. (see 208.40(e)).
(ER-810, 38 FR 20256, July 30, 1973, as amended by ER-1127, 44 FR
33054, June 8, 1979; 44 FR 40884, July 13, 1979)
14 CFR 208.32 Terms of service.
(a)-(b) (Reserved)
(c) Payments for a U.S.-originating charter flight made to any person
to whom the carrier, directly or indirectly, has paid a commission or
has agreed to pay a commission for that flight shall be considered
payments to the carrier.
(d) Each and every contract for a charter to be operated hereunder
shall incorporate the provisions of 208.32a, 208.33, and 208.33a,
where applicable, concerning insurance and substitute transportation.
(e) The carrier shall require full payment of the total charter
price, including payment for the return portion of a round trip, or the
posting of a satisfactory bond for full payment, prior to the
commencement of any portion of the air transportation:
Provided, however, That in the case of a passenger charter for less
than the entire capacity of an aircraft, the carrier shall require full
payment of the total charter price, including payment for the return
portion of a round trip, from the passenger charterers not less than 10
days prior to the commencement of any portion of the transportation, and
such payment shall not be refundable unless the charter is canceled by
the carrier or unless the carrier accepts a substitute charterer for one
which has canceled a charter, in which case the amount paid by the
latter shall be refunded. For the purpose of this paragraph, payment to
the carrier's depository bank, as designated in the charter contract,
shall be deemed payment to the carrier.
(f) Where four or more round trip flights per calendar year are
conducted on behalf of a chartering organization by a carrier or
carriers, one-way passengers shall not be carried except that up to 5
percent of the charter group may be transported one way in each
direction, there shall be no intermingling of passengers and each
planeload group, or less than planeload group (see 208.6(a)(3)), shall
move as a unit in both directions, except as provided in 208.36. This
provision shall not be construed as permitting knowing participation in
any plan whereby each leg of a round trip is chartered separately in
order to avoid the 5-percent limitation aforesaid.
(ER-803, 38 FR 14272, May 31, 1973, as amended by ER-1127, 44 FR
33054, June 8, 1979; ER-1145, 44 FR 50597, Aug. 29, 1979; ER-1277, 47
FR 134, Jan. 5, 1982; ER-1286, 47 FR 9819, Mar. 8, 1982)
14 CFR 208.32a Flight delays and substitute air transportation
(foreign).
Charter air carriers shall comply with the following requirements for
passenger service in foreign air transportation. These requirements
shall be without prejudice and in addition to any other rights or
remedies of passengers under applicable law:
(a) Substitute air transportation. (1) On all charter flights,
unless the air carrier causes an aircraft to finally enplane each
passenger and commence the takeoff procedures at the airport of
departure before the 48th hour following the time scheduled for the
departure of such flight, it shall provide substitute transportation in
accordance with the provisions of this paragraph.
(2) As soon as the air carrier discovers, or should have discovered
by the exercise of reasonable prudence and forethought, that the
departure of any such charter flight will be delayed more than 48 hours,
such air carrier shall arrange for and pay the costs of substitute air
transportation for the charter group on another charter flight, operated
by any other carrier or foreign air carrier.
(3) When neither the charter transportation contracted for nor
substitute transportation has been performed before the expiration of 48
hours following the scheduled departure time of any such charter flight,
the charterer, or his duly authorized agent, may arrange for substitute
air transportation of the members of the charter group, at economy or
tourist class fares, on individually ticketed flights and the chartered
air carrier shall pay the cost of such air transportation to the
substitute air carrier or foreign air carrier.
(4) In determining the period of time during which the departure of a
charter flight has been delayed within the purview of this paragraph,
periods of delay caused by the prohibition of flights to or from the
airport of departure because of weather or other operational conditions
affecting such airport shall be excluded if, and while, the air carrier
has available an airworthy aircraft which is capable of transporting the
charter group in a condition of operational readiness.
(b) Incidental expenses. 2012 (1) On the return leg of a charter
flight bound from a point outside the country where the charter
originated and is to terminate, unless the air carrier causes an
aircraft to finally enplane each passenger and commence the takeoff
procedures at the airport of departure before the 6th hour following the
time scheduled for the departure of such flight, it shall pay incidental
expenses in accordance with the provisions of this paragraph. Such
payments shall be made at the airport of departure as soon as they
become due to the charterer, or its duly authorized agent, for the
account of each passenger, including infants and children traveling at
reduced fares. In the case of charter flights bound to or from the
United States on the return leg, ''country'' as used in this paragraph
means the 48 contiguous States of the United States.
(2) Such payments shall be made at the rate of $16 for each full
24-hour period of delay following the scheduled departure time.
However, the sum of $8 shall be paid for each passenger delayed 6 hours
following the scheduled departure time. Thereafter, during the
succeeding 18 hours of delay, an additional sum of $8 shall be paid for
each passenger delayed in installments of $4 for the first and second
succeeding 6-hour period of delay, or any fractional part thereof. If
the delay continues beyond a period of 24 hours following the scheduled
departure time, such payments shall be made in equal installments of $4
for each further 6-hour period of delay, or any fractional part thereof:
Provided, however, That the air carrier may, at its option, discharge
this obligation by providing free meals and lodging in lieu of making
such payments. The obligation of the air carrier to pay incidental
expenses or provide free meals and lodging shall cease when substitute
air transportation is provided in accordance with the provisions of
paragraph (a) of this section.
(ER-803, 38 FR 14272, May 31, 1973, as amended by ER-1127, 44 FR
33055, June 8, 1979)
0122Although the requirements with respect to providing incidental
expenses are made expressly applicable only to the return leg of a
charter flight, the air carriers are expected in the case of delay in
departure of the originating leg of a flight, to furnish such incidental
expenses to charter passengers whose homes are not located within a
reasonable distance from the point of origination of the charter.