[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 1997 Edition]
[From the U.S. Government Printing Office]


          14



          Aeronautics and Space



[[Page i]]

          PARTS 60 TO 139

          Revised as of January 1, 1997
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF JANUARY 1, 1997

          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1997



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 14:
    Chapter I--Federal Aviation Administration, Department of 
        Transportation (Continued)............................       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     751
    Table of CFR Titles and Chapters..........................     753
    Alphabetical List of Agencies Appearing in the CFR........     769
    Redesignation Tables......................................     779
    List of CFR Sections Affected.............................     785

[[Page iv]]



      



                                                                                                                
                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 14 CFR 61.1 refers to title                       
   14, part 61, section 1.                                                     
                                  ----------------------------------------------------------                    
                                                                                                                


[[Page v]]

                               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, 1997), 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.

[[Page vi]]

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.

[[Page vii]]

    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
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Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

January 1, 1997.



[[Page ix]]



                               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--Commercial Space 
Transportation, Federal Aviation Administration, 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, 1997.

    Redesignation tables appear in the Finding Aids section of the 
volume containing parts 60-139.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]



 
[[Page 1]]



                   TITLE 14--AERONAUTICS AND SPACE




                  (This book contains parts 60 to 139)

  --------------------------------------------------------------------
                                                                    Part
Chapter i--Federal Aviation Administration, Department of 
  Transportation (Continued)................................          61

[[Page 3]]



CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Continued)




  --------------------------------------------------------------------

                          SUBCHAPTER D--AIRMEN
Part                                                                Page
60        [Reserved]
61              Certification: Pilots and flight instructors           5
63              Certification: Flight crewmembers other than 
                    pilots..................................          80
65              Certification: Airmen other than flight 
                    crewmembers.............................          99
67              Medical standards and certification.........         118
                         SUBCHAPTER E--AIRSPACE

71              Designation of class A, class B, class C, 
                    class D, and class E airspace areas; 
                    airways; routes; and reporting points...         132
73              Special use airspace........................         136

75        [Reserved]
77              Objects affecting navigable airspace........         139
          SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES

91              General operating and flight rules..........         152
93              Special air traffic rules and airport 
                    traffic patterns........................         246
95              IFR altitudes...............................         271
97              Standard instrument approach procedures.....         279
99              Security control of air traffic.............         282
101             Moored balloons, kites, unmanned rockets and 
                    unmanned free balloons..................         286
103             Ultralight vehicles.........................         290
105             Parachute jumping...........................         292
107             Airport security............................         296

[[Page 4]]

108             Airplane operator security..................         307
109             Indirect air carrier security...............         320


SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
CERTIFICATION AND OPERATIONS

119             Certification: Air carriers and commercial 
                    operators...............................         323
121             Operating requirements: Domestic, flag, and 
                    supplemental operations.................         343
125             Certification and operations: Airplanes 
                    having a seating capacity of 20 or more 
                    passengers or a maximum payload capacity 
                    of 6,000 pounds or more.................         559
129             Operations: Foreign air carriers and foreign 
                    operators of U.S.-registered aircraft 
                    engaged in common carriage..............         607
133             Rotorcraft external-load operations.........         616
135             Operating requirements: Commuter and on-
                    demand operations.......................         623
137             Agricultural aircraft operations............         721
139             Certification and operations: Land airports 
                    serving certain air carriers............         728

[[Page 5]]



                          SUBCHAPTER D--AIRMEN





PART 60--[RESERVED]






PART 61--CERTIFICATION: PILOTS AND FLIGHT INSTRUCTORS--Table of Contents




                  Special Federal Aviation Regulations

SFAR 58 [Note]
SFAR 63
SFAR 73

                           Subpart A--General

Sec.
61.1  Applicability.
61.2  Definition of terms.
61.3  Certification of foreign pilots and flight instructors.
61.4  Qualification and approval of flight simulators and flight 
          training devices.
61.5  Requirement for certificates, rating, and authorizations.
61.6  Certificates and ratings issued under this part.
61.7  Obsolete certificates and ratings.
61.9  Exchange of obsolete certificates and ratings for current 
          certificates and ratings.
61.11  Expired pilot certificates and reissuance.
61.13  Application and qualification.
61.14  Refusal to submit to a drug or alcohol test.
61.15  Offenses involving alcohol or drugs.
61.16  Refusal to submit to an alcohol test or to furnish test results.
61.17  Temporary certificate.
61.19  Duration of pilot and flight instructor certificates.
61.21  Duration of Category II and Category III pilot authorization (for 
          other than part 121 and part 135 use).
61.23  Duration of medical certificates.
61.25  Change of name.
61.27  Voluntary surrender or exchange of certificate.
61.29  Replacement of lost or destroyed certificate.
61.31  General limitations.
61.33  Tests: General procedure.
61.35  Written test: Prerequisites and passing grades.
61.37  Written tests: Cheating or other unauthorized conduct.
61.39  Prerequisites for flight tests.
61.41  Flight instruction received from flight instructors not 
          certificated by FAA.
61.43  Flight tests: General procedures.
61.45  Practical tests: Required aircraft and equipment.
61.47  Flight tests: Status of FAA inspectors and other authorized 
          flight examiners.
61.49  Retesting after failure.
61.51  Pilot logbooks.
61.53  Operations during medical deficiency.
61.55  Second-in-command qualifications.
61.56  Flight review.
61.57  Recent flight experience: Pilot in command.
61.58  Pilot-in-command proficiency check: Operation of aircraft 
          requiring more than one required pilot.
61.59  Falsification, reproduction, or alteration of applications, 
          certificates, logbooks, reports, or records.
61.60  Change of address.

          Subpart B--Aircraft Ratings and Special Certificates

61.61  Applicability.
61.63  Additional aircraft ratings for other than airline transport 
          pilot certificates (for parts 121 and 135 use only).
61.64  Additional aircraft ratings for other than airline transport 
          pilot certificates (for other than parts 121 and 135 use).
61.65  Instrument rating requirements.
61.67  Category II pilot authorization requirements.
61.68  Category III pilot authorization requirements.
61.69  Glider towing: Experience and instruction requirements.
61.71  Graduates of certificated flying schools: Special rules.
61.73  Military pilots or former military pilots: Special rules.
61.75  Pilot certificate issued on basis of a foreign pilot license.
61.77  Special purpose pilot certificate: Operation of U.S.-registered 
          civil airplanes leased by a person not a U.S. citizen.

               Subpart C--Student and Recreational Pilots

61.81  Applicability.
61.83  Eligibility requirements: Student pilots.
61.85  Application.
61.87  Solo flight requirements for student pilots.
61.89  General limitations.
61.91  Aircraft limitations: Pilot in command.
61.93  Cross-country flight requirements (for student and recreational 
          pilots seeking private pilot certification).
61.95  Operations in a terminal control area and at airports located 
          within a terminal control area.
61.96  Eligibility requirements: Recreational pilots.
61.97  Aeronautical knowledge.
61.98  Flight proficiency.

[[Page 6]]

61.99  Airplane rating: Aeronautical experience.
61.100  Rotorcraft rating: Aeronautical experience.
61.101  Recreational pilot privileges and limitations.

                        Subpart D--Private Pilots

61.102  Applicability.
61.103  Eligibility requirements: General.
61.105  Aeronautical knowledge.
61.107  Flight proficiency.
61.109  Airplane rating: Aeronautical experience.
61.111  Cross-country flights: Pilots based on small islands.
61.113  Rotorcraft rating: Aeronautical experience.
61.115  Glider rating: Aeronautical experience.
61.117  Lighter-than-air rating: Aeronautical experience.
61.118  Private pilot privileges and limitations: Pilot in command.
61.119  Free balloon rating: Limitations.
61.120  Private pilot privileges and limitations: Second in command of 
          aircraft requiring more than one required pilot.

                      Subpart E--Commercial Pilots

61.121  Applicability.
61.123  Eligibility requirements: General.
61.125  Aeronautical knowledge.
61.127  Flight proficiency.
61.129  Airplane rating: Aeronautical experience.
61.131  Rotorcraft ratings: Aeronautical experience.
61.133  Glider rating: Aeronautical experience.
61.135  Airship rating: Aeronautical experience.
61.137  Free balloon rating: Aeronautical experience.
61.139  Commercial pilot privileges and limitations: General.
61.141  Airship and free balloon ratings: Limitations.

                   Subpart F--Airline Transport Pilots

61.151  Eligibility requirements: General.
61.153  Airplane rating: Aeronautical knowledge.
61.155  Airplane rating: Aeronautical experience.
61.157  Airplane rating: Aeronautical skill (for parts 121 and 135 use 
          only).
61.158  Airplane rating: Aeronautical skill (for other than parts 121 
          and 135).
61.159  Rotorcraft rating: Aeronautical knowledge.
61.161  Rotorcraft rating: Aeronautical experience.
61.163  Rotorcraft rating: Aeronautical skill.
61.165  Additional category ratings.
61.167  Tests.
61.169  Instruction in air transportation service.
61.171  General privileges and limitations.

                      Subpart G--Flight Instructors

61.181  Applicability.
61.183  Eligibility requirements: General.
61.185  Aeronautical knowledge.
61.187  Flight proficiency.
61.189  Flight instructor records.
61.191  Additional flight instructor ratings.
61.193  Flight instructor authorizations.
61.195  Flight instructor limitations.
61.197  Renewal of flight instructor certificates.
61.199  Expired flight instructor certificates and ratings.
61.201  Conversion to new system of instructor ratings.

Appendix A to Part 61--Practical Test Requirements for Airplane Airline 
          Transport Pilot Certificates and Associated Class and Type 
          Ratings (For Parts 121 and 135 Use Only)

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

    Source: Docket No. 11802, 38 FR 3161, Feb. 1, 1973, unless otherwise 
noted.

                  Special Federal Aviation Regulations

                               SFAR No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

  SFAR No. 63--Relief for Participants in Operation Desert Shield/Storm

                                Sections

    1. Applicability.
    2. Required documents.
    3. Expiration date.
    1. Applicability. Contrary provisions of part 61 notwithstanding, 
under the procedures prescribed herein, Flight Standards District 
Offices (FSDO) are authorized to accept an expired flight instructor 
certificate to show eligibility for the renewal of a person's flight 
instructor certificate in accordance with the provisions of Sec. 61.197, 
or an expired written test report to show eligibility under part 61 to 
take a flight/ practical test, provided--
    a. It is submitted by a civilian or military person who served in 
support of Operation Desert Shield/Storm during the time period from 
August 2, 1990 to December 31, 1992;
    b. The person's flight instructor certificate and/or airman written 
test report expired

[[Page 7]]

within the time period from 60 days prior to assignment to 60 days after 
reassignment from support of Operation Desert Shield/Storm; and
    c. The person complies with the appropriate requirements of 
Sec. 61.197 or completes the required flight/practical test, as 
appropriate, within 6 calendar months following the date of reassignment 
from Operation Desert Shield/Storm or by December 31, 1992, whichever 
date is sooner.
    2. Required documents. The FSDO and applicant shall include one of 
the following documents with the airman application, and the documents 
must show the dates of assignment to and reassignment from support of 
Operation Desert Shield/Storm:
    a. Official government documents showing the person was a civilian 
on official duty for the United States Government in support of 
Operation Desert Shield/Storm during the time period from August 2, 1990 
to December 31, 1992;
    b. Military orders showing the person was a member of the uniformed 
services assigned to duty in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992;
    c. Military orders showing the person was an active member of the 
National Guard or Reserve called to active duty in support of Operation 
Desert Shield/Storm during the time period from August 2, 1990 to 
December 31, 1992; or
    d. A letter from the unit commander providing inclusive dates during 
which the person served in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992.
    3. Expiration date. This SFAR expires December 31, 1992, unless 
sooner superseded or rescinded.

[SFAR 63, 56 FR 27162, June 12, 1991]

    SFAR No. 73--Robinson R-22/R-44 Special Training and Experience 
                              Requirements

    1. Applicability. Under the procedures prescribed herein, this SFAR 
applies to all persons who seek to manipulate the controls or act as 
pilot in command of a Robinson model R-22 or R-44 helicopter. The 
requirements stated in this SFAR are in addition to the current 
requirements of part 61.
    2. Required training, aeronautical experience, endorsements, and 
flight review.
    (a) Awareness Training:
    (1) Except as provided in paragraph (a)(2) of this section, no 
person may manipulate the controls of a Robinson model R-22 or R-44 
helicopter after March 27, 1995 for the purpose of flight unless the 
awareness training specified in paragraph (a)(3) of this section is 
completed and the person's logbook has been endorsed by a certified 
flight instructor authorized under paragraph (b)(5) of this section.
    (2) A person who holds a rotorcraft category and helicopter class 
rating on their pilot certificate and meets the experience requirements 
of paragraph (b)(1) or (b)(2) of this section may not manipulate the 
controls of a Robinson model R-22 or R-44 helicopter for the purpose of 
flight after April 26, 1995 unless the awareness training specified in 
paragraph (a)(3) of this section is completed and the person's logbook 
has been endorsed by a certified flight instructor authorized under 
paragraph (b)(5) of this section.
    (3) Awareness training must be conducted by a certified flight 
instructor who has been endorsed under paragraph (b)(5) of this section 
and consists of instruction in the following general subject areas:
    (i) Energy management;
    (ii) Mast bumping;
    (iii) Low rotor RPM (blade stall);
    (iv) Low G hazards; and
    (v) Rotor RPM decay.
    (4) A person who can show satisfactory completion of the 
manufacturer's safety course after January 1, 1994, may obtain an 
endorsement from an FAA aviation safety inspector in lieu of completing 
the awareness training required in paragraphs (a)(1) and (a)(2) of this 
section.
    (b) Aeronautical Experience:
    (1) No person may act as pilot in command of a Robinson model R-22 
unless that person:
    (i) Has had at least 200 flight hours in helicopters, at least 50 
flight hours of which were in the Robinson R-22; or
    (ii) Has had at least 10 hours dual instruction in the Robinson R-22 
and has received an endorsement from a certified flight instructor 
authorized under paragraph (b)(5) of this section that the individual 
has been given the training required by this paragraph and if proficient 
to act as pilot in command of an R-22. Beginning 12 calendar months 
after the date of the endorsement, the individual may not act as pilot 
in command unless the individual has completed a flight review in an R-
22 within the preceding 12 calendar months and obtained an endorsement 
for that flight review. The dual instruction must include at least the 
following abnormal and emergency procedures flight training:
    (A) Enhanced training in autorotation procedures,
    (B) Engine rotor RPM control without the use of the governor,
    (C) Low rotor RPM recognition and recovery, and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (2) No person may act as pilot in command of a Robinson model R-44 
unless that person:

[[Page 8]]

    (i) Has had at least 200 flight hours in helicopters, at least 50 
flight hours of which were in the Robinson R-44; or
    (ii) Has had at least 10 hours dual instruction in the Robinson R-44 
and has received an endorsement from a certified flight instructor 
authorized under paragraph (b)(5) of this section that the individual 
has been given the training required by this paragraph and is proficient 
to act as pilot in command of an R-44. Beginning 12 calendar months 
after the date of the endorsement, the individual may not act as pilot 
in command unless the individual has completed a flight review in an R-
44 within the preceding 12 calendar months and obtained an endorsement 
for that flight review. The dual instruction must include at least the 
following abnormal and emergency procedures flight training:
    (A) Enhanced training in autorotation procedures,
    (B) Engine rotor RPM control without the use of the governor,
    (C) Low rotor RPM recognition and recovery, and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (3) A person who does not hold a rotorcraft category and helicopter 
class rating must have had at least 20 hours of dual instruction in a 
Robinson R-22 helicopter prior to operating it in solo flight. In 
addition, the person must obtain an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
instruction has been given in those maneuvers and procedures, and the 
instructor has found the applicant proficient to solo a Robinson R-22. 
This endorsement is valid for a period of 90 days. The dual instruction 
must include at least the following abnormal and emergency procedures 
flight training:
    (i) Enhanced training in autorotation procedures,
    (ii) Engine rotor RPM control without the use of the governor,
    (iii) Low rotor RPM recognition and recovery, and
    (iv) Effects of low G maneuvers and proper recovery procedures.
    (4) A person who does not hold a rotocraft category and helicopter 
class rating must have had at least 20 hours of dual instruction in a 
Robinson R-44 helicopter prior to operating it in solo flight. In 
addition, the person must obtain an endorsement from a certified flight 
instructor authorized under paragraph (b)(5) of this section that 
instruction has been given in those maneuvers and procedures, and the 
instructor has found the applicant proficient to solo a Robinson R-44. 
This endorsement is valid for a period of 90 days. The dual instruction 
must include at least the following abnormal and emergency procedures 
flight training:
    (i) Enhanced training in autorotation procedures,
    (ii) Engine rotor RPM control without the use of the governor,
    (iii) Low rotor RPM recognition and recovery, and
    (iv) Effects of low G maneuvers and proper recovery procedures.
    (5) No certificated flight instructor may provide instruction or 
conduct a flight review in a Robinson model R-22 or R-44 unless that 
instructor:
    (i) Completes the awareness training in paragraph 2(a) of this SFAR,
    (ii) Meets the experience requirements of paragraphs 2(b)(1)(i) of 
this SFAR for the R-22, or 2(b)(2)(i) of this SFAR for the R-44,
    (iii) Has completed flight training in an R-22, R-44, or both, on 
the following abnormal and emergency procedures:
    (A) Enhanced training in autorotation procedures,
    (B) Engine rotor RPM control without the use of the governor,
    (C) Low rotor RPM recognition and recovery, and
    (D) Effects of low G maneuvers and proper recovery procedures.
    (iv) Been authorized by endorsement from an FAA aviation safety 
inspector or authorized designated examiner that the instructor has 
completed the appropriate training, meets the experience requirements 
and has satisfactorily demonstrated an ability to provide instruction on 
the general subject areas of paragraph 2(a)(3) of this SFAR, and the 
flight training identified in paragraph 2(b)(5)(iii) of this SFAR.
    (c) Flight Review:
    (1) No flight review completed to satisfy Sec. 61.56 by an 
individual after becoming eligible to function as pilot in command in a 
Robinson R-22 helicopter shall be valid for the operation of R-22 
helicopter unless that flight review was taken in an R-22.
    (2) No flight review completed to satisfy Sec. 61.56 by individual 
after becoming eligible to function as pilot in command in a Robinson R-
44 helicopter shall be valid for the operation of R-44 helicopter unless 
that flight review was taken in the R-44.
    (3) The flight review will include a review of the awareness 
training subject areas of paragraph 2(a)(3) of this SFAR and the flight 
training identified in paragraph 2(b) of this SFAR.
    (d) Currency Requirements: No person may act as pilot in command of 
a Robinson model R-22 or R-44 helicopter carrying passengers unless the 
pilot in command has met the recency of flight experience requirements 
of Sec. 61.57 in an R-22 or R-44, as appropriate.
    3. Expiration date. This SFAR expires December 31, 1997, unless 
sooner superseded or rescinded.

[SFAR 73, 60 FR 11256, Mar. 1, 1995]

[[Page 9]]



                           Subpart A--General



Sec. 61.1   Applicability.

    (a) This part prescribes the requirements for issuing pilot and 
flight instructor certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the privileges and 
limitations of those certificates and ratings.
    (b) Except as provided in Sec. 61.71, an applicant for a certificate 
or rating must meet the requirements of this part.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-63, 39 
FR 20057, June 6, 1974; Amdt. 61-490, 56 FR 11324, Mar. 15, 1991]



Sec. 61.2   Definition of terms.

    For the purpose of this part:
    (a) Authorized instructor means--
    (1) An instructor who has a valid ground instructor certificate or 
current flight instructor certificate with appropriate ratings issued by 
the Administrator;
    (2) An instructor authorized under part 121 (SFAR 58), part 135, or 
part 142 of this chapter to give instruction under those parts; or
    (3) Any other person authorized by the Administrator to give 
instruction under this part.
    (b) Flight simulator, airplane means a device that--
    (1) Is a full-sized airplane cockpit replica of a specific type of 
airplane, or make, model, and series of airplane;
    (2) Includes the hardware and software necessary to represent the 
airplane in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and a 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (c) Flight simulator, helicopter means a device that--
    (1) Is a full-sized helicopter cockpit replica of a specific type of 
aircraft, or make, model, and series of helicopter;
    (2) Includes the hardware and software necessary to represent the 
helicopter in ground operations and flight operations;
    (3) Utilizes a force cueing system that provides cues at least 
equivalent to those cues provided by a 3 degree freedom of motion 
system;
    (4) Utilizes a visual system that provides at least a 45 deg. 
horizontal field of view and 30 deg. vertical field of view 
simultaneously for each pilot; and
    (5) Has been evaluated, qualified, and approved by the 
Administrator.
    (d) Flight training device means a device that--
    (1) Is a full-sized replica of instruments, equipment, panels, and 
controls of an airplane or rotorcraft, or set of airplanes or 
rotorcraft, in an open flight deck area or in an enclosed cockpit, 
including the hardware and software for systems installed, necessary to 
simulate the airplane or rotorcraft in ground operations and flight 
operations;
    (2) Need not have a force (motion) cueing or visual system; and
    (3) Has been evaluated, qualified, and approved by the 
Administrator.
    (e) Set of airplanes or rotorcraft means airplanes or rotorcraft 
which all share similar performance characteristics, such as similar 
airspeed and altitude operating envelope, similar handling 
characteristics, and the same number and type of propulsion systems.

[Doc. No. 26933, 61 FR 34547, July 2, 1996]



Sec. 61.3   Certification of foreign pilots and flight instructors.

    (a) A person who is neither a U.S. citizen nor a resident alien may 
be issued a pilot certificate or flight instructor certificate under 
this part (other than under Sec. 61.75 or Sec. 61.77), outside the 
United States, only when the Administrator finds that--
    (1) The pilot certificate is needed for the operation of a U.S.-
registered civil aircraft; or
    (2) The flight instructor certificate is needed for the training of 
students who are citizens of the United States.
    (b) Training centers, and their satellite training centers 
certificated under part 142 of this chapter, may, outside the United 
States--
    (1) Prepare and recommend applicants for additional ratings and 
endorsements to certificates issued by

[[Page 10]]

the Administrator under the provisions of this part, and award 
additional ratings and endorsements within the authority granted to that 
training center by the Administrator; and
    (2) Prepare and recommend U.S. citizen applicants for airman 
certificates, and issue certificates to U.S. citizens within the 
authority granted to that training center by the Administrator.

[Doc. No. 26933, 61 FR 34547, July 2, 1996]



Sec. 61.4   Qualification and approval of flight simulators and flight training devices.

    Each flight simulator and each flight training device used for 
training, for which an airman is to receive credit to satisfy any 
training, testing, or checking requirement under this chapter, must be 
qualified and approved by the Administrator for--
    (a) The training, testing, and checking for which it is used;
    (b) Each particular maneuver, procedure, or crewmember function 
performed; and
    (c) The representation of the specific category and class of 
aircraft, type of aircraft, particular variation within type of 
aircraft, or set of aircraft in the case of some flight training 
devices.

[Doc. No. 26933, 61 FR 34548, July 2, 1996]



Sec. 61.5   Requirement for certificates, rating, and authorizations.

    (a) Pilot certificate. No person may act as pilot in command or in 
any other capacity as a required pilot flight crewmember of a civil 
aircraft of United States registry unless he has in his personal 
possession a current pilot certificate issued to him under this part. 
However, when the aircraft is operated within a foreign country a 
current pilot license issued by the country in which the aircraft is 
operated may be used.
    (b) Pilot certificate: foreign aircraft. No person may, within the 
United States, act as pilot in command or in any other capacity as a 
required pilot flight crewmember of a civil aircraft of foreign registry 
unless he has in his personal possession a current pilot certificate 
issued to him under this part, or a pilot license issued to him or 
validated for him by the country in which the aircraft is registered.
    (c) Medical certificate. Except for free balloon pilots piloting 
balloons and glider pilots piloting gliders, no person may act as pilot 
in command or in any other capacity as a required pilot flight 
crewmember of an aircraft under a certificate issued to him under this 
part, unless he has in his personal possession an appropriate current 
medical certificate issued under part 67 of this chapter. However, when 
the aircraft is operated within a foreign country with a current pilot 
license issued by that country, evidence of current medical 
qualification for that license, issued by that country, may be used. In 
the case of a pilot certificate issued on the basis of a foreign pilot 
license under Sec. 61.75, evidence of current medical qualification 
accepted for the issue of that license is used in place of a medical 
certificate.
    (d) Flight instructor certificate. Unless otherwise authorized by 
the Administrator, and except for lighter-than-air instruction in 
lighter-than-air aircraft, no person other than the holder of a flight 
instructor certificate issued in accordance with subpart G of this part, 
with an appropriate rating on that certificate, may--
    (1) Give any of the flight instruction required to qualify for a 
solo flight, solo cross-country flight, or for the issue of a pilot or 
flight instructor certificate or rating;
    (2) Endorse a pilot logbook to show that he has given any flight 
instruction; or
    (3) Endorse a student pilot certificate or logbook for solo 
operating privileges.
    (e) Instrument rating. No person may act as pilot in command of a 
civil aircraft under instrument flight rules, or in weather conditions 
less than the minimums prescribed for VFR flight unless--
    (1) In the case of an airplane, he holds an instrument rating or an 
airline transport pilot certificate with an airplane category rating on 
it;
    (2) In the case of a helicopter, he holds a helicopter instrument 
rating or an airline transport pilot certificate with a rotorcraft 
category and helicopter class rating not limited to VFR;

[[Page 11]]

    (3) In the case of a glider, he holds an instrument rating 
(airplane) or an airline transport pilot certificate with an airplane 
category rating; or
    (4) In the case of an airship, he holds a commercial pilot 
certificate with lighter-than-air category and airship class ratings.
    (f) Category II pilot authorization. (1) No person may act as pilot 
in command of a civil aircraft during Category II operations unless--
    (i) That person holds a current Category II pilot authorization for 
that category or class of aircraft, and the type of aircraft, if 
applicable; or
    (ii) In the case of a civil aircraft of foreign registry, that 
person is authorized by the country of registry to act as pilot in 
command of that aircraft in Category II operations.
    (2) No person may act as second in command of a civil aircraft 
during Category II operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category II operations.
    (g) Category A aircraft pilot authorization. The Administrator may 
issue a certificate of authorization to the pilot of a small aircraft 
identified as a Category A aircraft in Sec. 97.3(b)(1) of this chapter 
to use that aircraft in a Category II operation, if he finds that the 
proposed operation can be safely conducted under the terms of the 
certificate. Such authorization does not permit operation of the 
aircraft carrying persons or property for compensation or hire.
    (h) Inspection of certificate. Each person who holds a pilot 
certificate, flight instructor certificate, medical certificate, 
authorization, or license required by this part shall present it for 
inspection upon the request of the Administrator, an authorized 
representative of the National Transportation Safety Board, or any 
Federal, State, or local law enforcement officer.
    (i) Category III pilot authorization. (1) No person may act as pilot 
in command of a civil aircraft during Category III operations unless--
    (i) That person holds a current Category III pilot authorization for 
that category or class of aircraft, and the type of aircraft, if 
applicable; or
    (ii) In the case of a civil aircraft of foreign registry, that 
person is authorized by the country of registry to act as pilot in 
command of that aircraft in Category III operations.
    (2) No person may act as second in command of a civil aircraft 
during Category III operations unless that person--
    (i) Holds a valid pilot certificate with category and class ratings 
for that aircraft and a current instrument rating for that category 
aircraft;
    (ii) Holds an airline transport pilot certificate with category and 
class ratings for that aircraft; or
    (iii) In the case of a civil aircraft of foreign registry, is 
authorized by the country of registry to act as second in command of 
that aircraft during Category III operations.
    (j) Exceptions. Paragraphs (f) and (i) of this section do not apply 
to operations conducted by the holder of a certificate issued under part 
121 or part 135 of this chapter.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40703, Nov. 7, 1986. Redesignated and amended by Amdt. 61-100, 61 FR 
34547, July 2, 1996]



Sec. 61.6   Certificates and ratings issued under this part.

    (a) The following certificates are issued under this part:
    (1) Pilot certificates:
    (i) Student pilot.
    (ii) Recreational pilot.
    (iii) Private pilot.
    (iv) Commercial pilot.
    (v) Airline transport pilot.
    (2) Flight instructor certificates.
    (b) The following ratings are placed on pilot certificates (other 
than student pilot) where applicable:
    (1) Aircraft category ratings:
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.

[[Page 12]]

    (iv) Lighter-than-air.
    (2) Airplane class ratings:
    (i) Single-engine land.
    (ii) Multiengine land.
    (iii) Single-engine sea.
    (iv) Multiengine sea.
    (3) Rotorcraft class ratings:
    (i) Helicopter.
    (ii) Gyroplane.
    (4) Lighter-than-air class ratings:
    (i) Airship.
    (ii) Free balloon.
    (5) Aircraft type ratings are listed in Advisory Circular 61-1 
entitled ``Aircraft Type Ratings.'' This list includes ratings for the 
following:
    (i) Large aircraft, other than lighter-than-air.
    (ii) Small turbojet-powered airplanes.
    (iii) Small helicopters for operations requiring an airline 
transport pilot certificate.
    (iv) Other aircraft type ratings specified by the Administrator 
through aircraft type certificate procedures.
    (6) Instrument ratings (on private and commercial pilot certificates 
only):
    (i) Instrument--airplanes.
    (ii) Instrument--helicopter.
    (c) The following ratings are placed on flight instructor 
certificates where applicable:
    (1) Aircraft category ratings:
    (i) Airplane.
    (ii) Rotorcraft.
    (iii) Glider.
    (2) Airplane class ratings:
    (i) Single-engine.
    (ii) Multiengine.
    (3) Rotorcraft class ratings:
    (i) Helicopter.
    (ii) Gyroplane.
    (4) Instrument ratings:
    (i) Instrument--airplane.
    (ii) Instrument--helicopter.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976; Amdt. 61-82, 54 FR 13037, Mar. 29, 1989. 
Redesignated by Amdt. 61-100, 61 FR 34547, July 2, 1996]



Sec. 61.7   Obsolete certificates and ratings.

    (a) The holder of a free balloon pilot certificate issued before 
November 1, 1973, may not exercise the privileges of that certificate.
    (b) The holder of a pilot certificate that bears any of the 
following category ratings without an associated class rating, may not 
exercise the privileges of that category rating:
    (1) Rotorcraft.
    (2) Lighter-than-air.
    (3) Helicopter.
    (4) Autogiro.



Sec. 61.9   Exchange of obsolete certificates and ratings for current certificates and ratings.

    (a) The holder of an unexpired free balloon pilot certificate, or an 
unexpired pilot certificate with an obsolete category rating listed in 
Sec. 61.7(b) may exchange that certificate for a certificate with the 
following applicable category and class rating, without a further 
showing of competency, until October 31, 1975. After that date, a free 
balloon pilot certificate or certificate with an obsolete rating 
expires.
    (b) Private or commercial pilot certificate with rotorcraft category 
rating. The holder of a private or commercial pilot certificate with a 
rotorcraft category rating is issued that certificate with a rotorcraft 
category rating, and a helicopter or gyroplane class rating, depending 
upon whether a helicopter or a gyroplane is used to qualify for the 
rotorcraft category rating.
    (c) Private or commercial pilot certificate with helicopter or 
autogiro category rating. The holder of a private or commercial pilot 
certificate with a helicopter or autogiro category rating is issued that 
certificate with a rotorcraft category rating and a helicopter class 
rating (in the case of a helicopter category rating), or a gyroplane 
class rating (in the case of an autogiro rating).
    (d) Airline transport pilot certificate with helicopter or autogiro 
category rating. The holder of an airline transport pilot certificate 
with a helicopter or autogiro category rating is issued that certificate 
with a rotorcraft category rating (limited to VFR) and a helicopter 
class and type rating (in the case of a helicopter category rating), or 
a gyroplane class rating (in the case of an autogiro category rating).
    (e) Airline transport pilot certificate with a rotorcraft category 
rating (without a class rating). The holder of an airline transport 
pilot certificate with a rotorcraft category rating (without a class

[[Page 13]]

rating) is issued that certificate with a rotorcraft category rating 
limited to VFR, and a helicopter and type rating or a gyroplane class 
rating, depending upon whether a helicopter or gyroplane is used to 
qualify for the rotorcraft category rating.
    (f) Free balloon pilot certificate. The holder of a free balloon 
pilot certificate is issued a commercial pilot certificate with a 
lighter-than-air category rating and a free balloon class rating. 
However, a free balloon class rating may be issued with the limitations 
provided in Sec. 61.141.
    (g) Lighter-than-air pilot certificate or pilot certificate with 
lighter-than-air category (without a class rating). (1) In the case of 
an application made before November 1, 1975, the holder of a lighter-
than-air pilot certificate or a pilot certificate with a lighter-than-
air category rating (without a class rating) is issued a private or 
commercial pilot certificate, as appropriate, with a lighter-than-air 
category rating and airship and free balloon class ratings.
    (2) In the case of an application made after October 31, 1975, the 
holder of a lighter-than-air pilot certificate with an airship rating 
issued prior to November 1, 1973, may be issued a free balloon class 
rating upon passing the appropriate flight test in a free balloon.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976]



Sec. 61.11   Expired pilot certificates and reissuance.

    (a) No person who holds an expired pilot certificate or rating may 
exercise the privileges of that pilot certificate, or rating.
    (b) Except as provided, the following certificates and ratings have 
expired and are not reissued:
    (1) An airline transport pilot certificate issued before May 1, 
1949, or containing a horsepower rating. However, an airline transport 
pilot certificate bearing an expiration date and issued after April 30, 
1949, may be reissued without an expiration date if it does not contain 
a horsepower rating.
    (2) A private or commercial pilot certificate, or a lighter-than-air 
or free balloon pilot certificate, issued before July 1, 1945. However, 
each of those certificates issued after June 30, 1945, and bearing an 
expiration date, may be reissued without an expiration date.
    (c) A private or commercial pilot certificate or a special purpose 
pilot certificate, issued on the basis of a foreign pilot license, 
expires on the expiration date stated thereon. A certificate without an 
expiration date is issued to the holder of the expired certificate only 
if he meets the requirements of Sec. 61.75 for the issue of a pilot 
certificate based on a foreign pilot license.



Sec. 61.13  Application and qualification.

    (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. Each person who is neither a United States citizen 
nor a resident alien must show evidence that the fee prescribed by 
appendix A of part 187 of this chapter has been paid if that person--
    (1) Applies for a student pilot certificate to be issued outside the 
United States; or
    (2) Applies for a written or practical test to be administered 
outside the United States for any certificate or rating issued under 
this part.
    (b) An applicant who meets the requirements of this part is entitled 
to an appropriate pilot certificate with aircraft ratings. Additional 
aircraft category, class, type and other ratings, for which the 
applicant is qualified, are added to his certificate. However, the 
Administrator may refuse to issue certificates to persons who are not 
citizens of the United States and who do not reside in the United 
States.
    (c) An applicant who cannot comply with all of the flight 
proficiency requirements prescribed by this part because the aircraft 
used by him for his flight training or flight test is characteristically 
incapable of performing a required pilot operation, but who meets all 
other requirements for the certificate or rating sought, is issued the 
certificate or rating with appropriate limitations.
    (d) An applicant for a pilot certificate who holds a medical 
certificate under Sec. 67.19 of this chapter with special limitations on 
it, but who meets

[[Page 14]]

all other requirements for that pilot certificate, is issued a pilot 
certificate containing such operating limitations as the Administrator 
determines are necessary because of the applicant's medical deficiency.
    (e) The following requirements apply to a Category II pilot 
authorization and to a Category III pilot authorization:
    (1) The authorization is issued by a letter of authorization as a 
part of the applicant's instrument rating or airline transport pilot 
certificate.
    (2) Upon original issue the authorization contains a visibility 
limitation--
    (i) For Category II operations, the limitation is 1,600 feet RVR and 
a 150-foot decision height; and
    (ii) For Category III operations, each initial limitation is 
specified in the authorization document.
    (3) Limitations on an authorization may be removed as follows:
    (i) In the case of Category II limitations, a limitation is removed 
when the holder shows that, since the beginning of the sixth preceding 
month, the holder has made three Category II ILS approaches with a 150-
foot decision height to a landing under actual or simulated instrument 
conditions.
    (ii) In the case of Category III limitations, a limitation is 
removed as specified in the authorization.
    (4) To meet the experience requirement of paragraph (e)(3) of this 
section, and for the practical test required by this part for a Category 
II or a Category III authorization, a flight simulator or flight 
training device may be used if it is approved by the Administrator for 
such use.
    (f) Unless authorized by the Administrator--
    (1) A person whose pilot certificate is suspended may not apply for 
any pilot or flight instructor certificate or rating during the period 
of suspension; and
    (2) A person whose flight instructor certificate only is suspended 
may not apply for any rating to be added to that certificate during the 
period of suspension.
    (g) Unless the order of revocation provides otherwise--
    (1) A person whose pilot certificate is revoked may not apply for 
any pilot or flight instructor certificate or rating for 1 year after 
the date of revocation; and
    (2) A person whose flight instructor certificate only is revoked may 
not apply for any flight instructor certificate for 1 year after the 
date of revocation.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-72, 47 
FR 35693, Aug. 16, 1982; Amdt. 61-100, 61 FR 34548, July 2, 1996]



Sec. 61.14  Refusal to submit to a drug or alcohol test.

    (a) This section applies to an employee who performs a function 
listed in appendix I or appendix J to part 121 of this chapter directly 
or by contract for a part 121 certificate holder, a part 135 certificate 
holder, or an operator as defined in Sec. 135.1(c) of this chapter.
    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of such 
refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Amdt. 61-94, 59 FR 7389, Feb. 15, 1994]



Sec. 61.15  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or state statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marihuana, 
or depressant or stimulant drugs or substances is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of final 
conviction; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (b) The commission of an act prohibited by Sec. 91.17(a) or 
Sec. 91.19(a) of this chapter is grounds for--
    (1) Denial of an application for a certificate or rating issued 
under this part

[[Page 15]]

for a period of up to 1 year after the date of that act; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (c) For the purposes of paragraphs (d) and (e) of this section, a 
motor vehicle action means--
    (1) A conviction after November 29, 1990, for the violation of any 
Federal or state statute relating to the operation of a motor vehicle 
while intoxicated by alcohol or a drug, while impaired by alcohol or a 
drug, or while under the influence of alcohol or a drug;
    (2) The cancellation, suspension, or revocation of a license to 
operate a motor vehicle by a state after November 29, 1990, for a cause 
related to the operation of a motor vehicle while intoxicated by alcohol 
or a drug, while impaired by alcohol or a drug, or while under the 
influence of alcohol or a drug; or
    (3) The denial after November 29, 1990, of an application for a 
license to operate a motor vehicle by a state for a cause related to the 
operation of a motor vehicle while intoxicated by alcohol or a drug, 
while impaired by alcohol or a drug, or while under the influence of 
alcohol or a drug.
    (d) Except in the case of a motor vehicle action that results from 
the same incident or arises out of the same factual circumstances, a 
motor vehicle action occurring within 3 years of a previous motor 
vehicle action is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of the last 
motor vehicle action; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (e) Each person holding a certificate issued under this part shall 
provide a written report of each motor vehicle action to the FAA, Civil 
Aviation Security Division (AAC-700), P.O. Box 25810, Oklahoma City, OK 
73125, not later than 60 days after the motor vehicle action. The report 
must include--
    (1) The person's name, address, date of birth, and airman 
certificate number;
    (2) The type of violation that resulted in the conviction or the 
administrative action;
    (3) The date of the conviction or administrative action;
    (4) The state that holds the record of conviction or administrative 
action; and
    (5) A statement of whether the motor vehicle action resulted from 
the same incident or arose out of the same factual circumstances related 
to a previously-reported motor vehicle action.
    (f) Failure to comply with paragraph (e) of this section is grounds 
for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of the motor 
vehicle action; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 61-84, 
54 FR 34330, Aug. 18, 1989; Amdt. 61-87, 55 FR 31309, Aug. 1, 1990; 
Amdt. 61-87, 55 FR 41415, Oct. 11, 1990]



Sec. 61.16  Refusal to submit to an alcohol test or to furnish test results.

    A refusal to submit to a test to indicate the percentage by weight 
of alcohol in the blood, when requested by a law enforcement officer in 
accordance with Sec. 91.11(c) of this chapter, or a refusal to furnish 
or authorize the release of the test results requested by the 
Administrator in accordance with Sec. 91.17 (c) or (d) of this chapter, 
is grounds for--
    (a) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of that 
refusal; or
    (b) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 51 FR 1229, Jan. 9, 1986, as amended by Amdt. 61-84, 54 
FR 34330, Aug. 18, 1989]



Sec. 61.17   Temporary certificate.

    (a) A temporary pilot or flight instructor certificate, or a rating, 
effective for a period of not more than 120 days, is issued to a 
qualified applicant pending a review of his qualifications and the 
issuance of a permanent certificate or rating by the Administrator. The 
permanent certificate or rating is

[[Page 16]]

issued to an applicant found qualified and a denial thereof is issued to 
an applicant found not qualified.
    (b) A temporary certificate issued under paragraph (a) of this 
section expires--
    (1) At the end of the expiration date stated thereon; or
    (2) Upon receipt by the applicant, of--
    (i) The certificate or rating sought; or
    (ii) Notice that the certificate or rating sought is denied.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-66, 43 
FR 22639, May 25, 1978]



Sec. 61.19   Duration of pilot and flight instructor certificates.

    (a) General. The holder of a certificate with an expiration date may 
not, after that date, exercise the privileges of that certificate.
    (b) Student pilot certificate. A student pilot certificate expires 
at the end of the 24th month after the month in which it is issued.
    (c) Other pilot certificates. Any pilot certificate (other than a 
student pilot certificate) issued under this part is issued without a 
specific expiration date. However, the holder of a pilot certificate 
issued on the basis of a foreign pilot license may exercise the 
privileges of that certificate only while the foreign pilot license on 
which that certificate is based is effective.
    (d) Flight instructor certificate. A flight instructor certificate--
    (1) Is effective only while the holder has a current pilot 
certificate and a medical certificate appropriate to the pilot 
privileges being exercised; and
    (2) Expires at the end of the 24th month after the month in which it 
was last issued or renewed.
    (e) Surrender, suspension, or revocation. Any pilot certificate or 
flight instructor certificate issued under this part ceases to be 
effective if it is surrendered, suspended, or revoked.
    (f) Return of certificate. The holder of any certificate issued 
under this part that is suspended or revoked shall, upon the 
Administrator's request, return it to the Administrator.



Sec. 61.21  Duration of Category II and Category III pilot authorization (for other than part 121 and part 135 use).

    A Category II pilot authorization and a Category III pilot 
authorization expire on the last day of the sixth month after the month 
last issued or renewed. Upon passing a practical test it is renewed for 
each type aircraft for which an authorization is held. However, an 
authorization for any particular type aircraft for which an 
authorization is held will not be renewed to extend beyond the end of 
the 12th month after the practical test was passed in that type 
aircraft. If the holder of the authorization passes the practical test 
for a renewal in the month before the authorization expires, he is 
considered to have passed it during the month the authorization expired.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40703, Nov. 7, 1986; Amdt. 61-100, 61 FR 34548, July 2, 1996]



Sec. 61.23   Duration of medical certificates.

    (a) A first-class medical certificate expires at the end of the last 
day of--
    (1) The sixth month after the month of the date of examination shown 
on the certificate, for operations requiring an airline transport pilot 
certificate;
    (2) The 12th month after the month of the date of examination shown 
on the certificate, for operations requiring only a commercial pilot 
certificate; and
    (3) The period specified in paragraph (c) of this section for 
operations requiring only a private, recreational, or student pilot 
certificate.
    (b) A second-class medical certificate expires at the end of the 
last day of--
    (1) The 12th month after the month of the date of examination shown 
on the certificate, for operations requiring a commercial pilot 
certificate or an air traffic control tower operator certificate; and
    (2) The period specified in paragraph (c) of this section for 
operations requiring only a private, recreational, or student pilot 
certificate.
    (c) A third-class medical certificate for operations requiring a 
private, recreational, or student pilot certificate issued--

[[Page 17]]

    (1) Before September 16, 1996, expires at the end of the 24th month 
after the month of the date of examination shown on the certificate.
    (2) On or after September 16, 1996, expires at the end of the:
    (i) 36th month after the month of the date of the examination shown 
on the certificate if the person has not reached his or her 40th 
birthday on or before the date of the examination; or
    (ii) 24th month after the month of the date of the examination shown 
on the certificate if the person has reached his or her 40th birthday on 
or before the date of the examination.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-68, 45 
FR 18911, Mar. 24, 1980; Amdt. 61-82, 54 FR 13037, Mar. 29, 1989; Amdt. 
61-99, 61 FR 11256, Mar. 19, 1996]



Sec. 61.25   Change of name.

    An application for the change of a name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and a copy of the marriage license, court order, or other 
document verifying the change. The documents are returned to the 
applicant after inspection.



Sec. 61.27   Voluntary surrender or exchange of certificate.

    The holder of a certificate issued under this part may voluntarily 
surrender it for cancellation, or for the issue of a certificate of 
lower grade, or another certificate with specific ratings deleted. If he 
so requests, he must include the following signed statement or its 
equivalent:

    This request is made for my own reasons, with full knowledge that my 
(insert name of certificate or rating, as appropriate) may not be 
reissued to me unless I again pass the tests prescribed for its issue.



Sec. 61.29   Replacement of lost or destroyed certificate.

    (a) An application for the replacement of a lost or destroyed airman 
certificate issued under this part is made by letter to the Department 
of Transportation, Federal Aviation Administration, Airman Certification 
Branch, Post Office Box 25082, Oklahoma City, OK 73125. The letter 
must--
    (1) State the name of the person to whom the certificate was issued, 
the permanent mailing address (including zip code), social security 
number (if any), 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.
    (b) An application for the replacement of a lost or destroyed 
medical certificate is made by letter to the Department of 
Transportation, Federal Aviation Administration, Aeromedical 
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, 
accompanied by a check or money order for $2.
    (c) A person who has lost a certificate issued under this part, or a 
medical certificate issued under part 67 of this chapter, or both, 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 receipt of a duplicate certificate under paragraph (a) 
or (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 letter or prepaid telegram, including the date upon which a 
duplicate certificate was previously requested, if a request had been 
made, and a money order for the cost of the duplicate certificate. The 
request for a telegraphic certificate is sent to the office listed in 
paragraph (a) or (b) of this section, as appropriate. However, a request 
for both airman and medical certificates at the same time must be sent 
to the office prescribed in paragraph (a) of this section.



Sec. 61.31   General limitations.

    (a) Type ratings required. A person may not act as pilot in command 
of any of the following aircraft unless he holds a type rating for that 
aircraft:
    (1) A large aircraft (except lighter-than-air).
    (2) A helicopter, for operations requiring an airline transport 
pilot certificate.
    (3) A turbojet powered airplane.

[[Page 18]]

    (4) Other aircraft specified by the Administrator through aircraft 
type certificate procedures.
    (b) Authorization in lieu of a type rating. (1) In lieu of a type 
rating required under paragraphs (a) (1), (3), and (4) of this section, 
an aircraft may be operated under an authorization issued by the 
Administrator, for a flight or series of flights within the United 
States, if--
    (i) The particular operation for which the authorization is 
requested involves a ferry flight, a practice or training flight, a 
flight test for a pilot type rating, or a test flight of an aircraft, 
for a period that does not exceed 60 days;
    (ii) The applicant shows that compliance with paragraph (a) of this 
section is impracticable for the particular operation; and
    (iii) The Administrator finds that an equivalent level of safety may 
be achieved through operating limitations on the authorization.
    (2) Aircraft operated under an authorization issued under this 
paragraph--
    (i) May not be operated for compensation or hire; and
    (ii) May carry only flight crewmembers necessary for the flight.
    (3) An authorization issued under this paragraph may be reissued for 
an additional 60-day period for the same operation if the applicant 
shows that he was prevented from carrying out the purpose of the 
particular operation before his authorization expired.

The prohibition of paragraph (b)(2)(i) of this section does not prohibit 
compensation for the use of an aircraft by a pilot solely to prepare for 
or take a flight test for a type rating.
    (c) Category and class rating: Carrying another person or operating 
for compensation or hire. Unless he holds a category and class rating 
for that aircraft, a person may not act as pilot in command of an 
aircraft that is carrying another person or is operated for compensation 
or hire. In addition, he may not act as pilot in command of that 
aircraft for compensation or hire.
    (d) Category and class rating: Other operations. No person may act 
as pilot in command of an aircraft in solo flight in operations not 
subject to paragraph (c) of this section, unless he meets at least one 
of the following:
    (1) He holds a category and class rating appropriate to that 
aircraft.
    (2) He has received flight instruction in the pilot operations 
required by this part, appropriate to the category and class of aircraft 
for first solo, given to him by a certificated flight instructor who 
found him competent to solo that category and class of aircraft and has 
so endorsed his pilot logbook.
    (3) He has soloed and logged pilot-in-command time in that category 
and class of aircraft before November 1, 1973.
    (e) High performance airplanes. A person holding a private or 
commercial pilot certificate may not act as pilot in command of an 
airplane that has more than 200 horsepower, or that has a retractable 
landing gear, flaps, and a controllable propeller, unless he has 
received flight instruction from an authorized flight instructor who has 
certified in his logbook that he is competent to pilot an airplane that 
has more than 200 horsepower, or that has a retractable landing gear, 
flaps, and a controllable propeller, as the case may be. However, this 
instruction is not required if he has logged flight time as pilot in 
command in high performance airplanes before November 1, 1973.
    (f) High altitude airplanes. (1) Except as provided in paragraph 
(f)(2) of this section, no person may act as pilot in command of a 
pressurized airplane that has a service ceiling or maximum operating 
altitude, whichever is lower, above 25,000 feet MSL unless that person 
has completed the ground and flight training specified in paragraphs 
(f)(1) (i) and (ii) of this section and has received a logbook or 
training record endorsement from an authorized instructor certifying 
satisfactory completion of the training. The training shall consist of:
    (i) Ground training that includes instruction on high altitude 
aerodynamics and meteorology; respiration; effects, symptoms, and causes 
of hypoxia and any other high altitude sicknesses; duration of 
consciousness without supplemental oxygen; effects of prolonged usage of 
supplemental oxygen; causes and effects of gas expansion and gas bubble 
formations; preventive measures for eliminating gas expansion, gas 
bubble formations, and high altitude

[[Page 19]]

sicknesses; physical phenomena and incidents of decompression; and any 
other physiological aspects of high altitude flight; and
    (ii) Flight training in an airplane, or in a simulator that meets 
the requirements of Sec. 121.407 of this chapter, and which is 
representative of an airplane as described in paragraph (f)(1) of this 
section. This training shall include normal cruise flight operations 
while operating above 25,000 feet MSL; the proper emergency procedures 
for simulated rapid decompression without actually depressurizing the 
airplane; and emergency descent procedures;
    (2) The training required in paragraph (f)(1) of this section is not 
required if a person can document accomplishment of any of the following 
in an airplane, or in a simulator that meets the requirements of 
Sec. 121.407 of this section, and that is representative of an airplane 
described in paragraph (f)(1) of this section:
    (i) Served as pilot in command prior to April 15, 1991;
    (ii) Completed a pilot proficiency check for a pilot certificate or 
rating conducted by the FAA prior to April 15, 1991;
    (iii) Completed an official pilot-in-command check by the military 
services of the United States; or
    (iv) Completed a pilot-in-command proficiency check under parts 121, 
125, or 135 conducted by the FAA or by an approved pilot check airman.
    (g) Tailwheel Airplanes. No person may act as pilot in command of a 
tailwheel airplane unless that pilot has received flight instruction 
from an authorized flight instructor who has found the pilot competent 
to operate a tailwheel airplane and has made a one time endorsement so 
stating in the pilot's logbook. The endorsement must certify that the 
pilot is competent in normal and crosswind takeoffs and landings, wheel 
landings unless the manufacturer has recommended against such landings, 
and go-around procedures. This endorsement is not required if a pilot 
has logged flight time as pilot in command of tailwheel airplanes prior 
to April 15, 1991.
    (h) Exception. This section does not require a class rating for 
gliders, or category and class ratings for aircraft that are not type 
certificated as airplanes, rotorcraft, or lighter-than-air aircraft. In 
addition, the rating limitations of this section do not apply to--
    (1) The holder of a student pilot certificate;
    (2) The holder of a recreational pilot certificate when operating 
under the provisions of Sec. 61.101 (f), (g), and (h).
    (3) The holder of a pilot certificate when operating an aircraft 
under the authority of an experimental or provisional type certificate;
    (4) An applicant when taking a flight test given by the 
Administrator; or
    (5) The holder of a pilot certificate with a lighter-than-air 
category rating when operating a hot air balloon without an airborne 
heater.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-82, 54 
FR 13037, Mar. 29, 1989; Amdt. 61-490, 56 FR 11324, Mar. 15, 1991]



Sec. 61.33   Tests: General procedure.

    Tests prescribed by or under this part are given at times and 
places, and by persons, designated by the Administrator.



Sec. 61.35   Written test: Prerequisites and passing grades.

    (a) An applicant for a written test must--
    (1) Show that he has satisfactorily completed the ground instruction 
or home study course required by this part for the certificate or rating 
sought;
    (2) Present as personal identification an airman certificate, 
driver's license, or other official document; and
    (3) Present a birth certificate or other official document showing 
that he meets the age requirement prescribed in this part for the 
certificate sought not later than 2 years from the date of application 
for the test.
    (b) The minimum passing grade is specified by the Administrator on 
each written test sheet or booklet furnished to the applicant.

This section does not apply to the written test for an airline transport 
pilot certificate or a rating associated with that certificate.

[[Page 20]]



Sec. 61.37   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 whom the Administrator finds to have committed an act 
prohibited by paragraph (a) of this section is eligible for any airman 
or ground instructor certificate or rating, or to take any test 
therefor, 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.



Sec. 61.39   Prerequisites for flight tests.

    (a) To be eligible for a flight test for a certificate, or an 
aircraft or instrument rating issued under this part, the applicant 
must--
    (1) Have passed any required written test since the beginning of the 
24th month before the month in which he takes the flight test;
    (2) Have the applicable instruction and aeronautical experience 
prescribed in this part;
    (3) Hold a current medical certificate appropriate to the 
certificate the applicant seeks or, in the case of a rating to be added 
to the applicant's pilot certificate, at least a current third-class 
medical certificate issued under part 67 of this chapter;
    (4) Except for a flight test for an airline transport pilot 
certificate, meet the age requirement for the issuance of the 
certificate or rating he seeks; and
    (5) Have a written statement from an appropriately certificated 
flight instructor certifying that he has given the applicant flight 
instruction in preparation for the flight test within 60 days preceding 
the date of application, and finds him competent to pass the test and to 
have satisfactory knowledge of the subject areas in which he is shown to 
be deficient by his FAA airman written test report. However, an 
applicant need not have this written statement if he--
    (i) Holds a foreign pilot license issued by a contracting State to 
the Convention on International Civil Aviation that authorizes at least 
the pilot privileges of the airman certificate sought by him;
    (ii) Is applying for a type rating only, or a class rating with an 
associated type rating; or
    (iii) Is applying for an airline transport pilot certificate or an 
additional aircraft rating on that certificate.
    (6) If all increments of the practical test for a certificate or 
rating are not completed on one date, all remaining increments of the 
test must be satisfactorily completed not more than 60 calendar days 
after the date on which the applicant begins the test.
    (7) If all increments of the practical test are not satisfactorily 
completed within 60 calendar days as required by paragraph (a)(6) of 
this section, the applicant must retake the entire practical test, 
including those increments satisfactorily completed.
    (b) Notwithstanding the provisions of paragraph (a)(1) of this 
section, an applicant for an airline transport pilot certificate or 
rating may take the flight test for that certificate or rating if--
    (1) The applicant--
    (i) Within the period ending 24 calendar months after the month in 
which the applicant passed the first of any required written tests, was 
employed as a flight crewmember by a U.S. air carrier or commercial 
operator operating either under part 121 or as a commuter air carrier 
under part 135 (as defined in part 298 of this title) and is employed by 
such a certificate holder at the time of the flight test;
    (ii) Has completed initial training, and, if appropriate, transition 
or upgrade training; and
    (iii) Meets the recurrent training requirements of the applicable 
part; or

[[Page 21]]

    (2) Within the period ending 24 calendar months after the month in 
which the applicant passed the first of any required written tests, the 
applicant participated as a pilot in a pilot training program of a U.S. 
scheduled military air transportation service and is currently 
participating in that program.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-71, 47 
FR 13312, Mar. 29, 1982; Amdt. 61-99, 61 FR 11256, Mar. 19, 1996; Amdt. 
61-100, 61 FR 34548, July 2, 1996]



Sec. 61.41   Flight instruction received from flight instructors not certificated by FAA.

    Flight instruction may be credited toward the requirements for a 
pilot certificate or rating issued under this part if it is received 
from--
    (a) An Armed Force of either the United States or a foreign 
contracting State to the Convention on International Civil Aviation in a 
program for training military pilots; or
    (b) A flight instructor who is authorized to give that flight 
instruction by the licensing authority of a foreign contracting State to 
the Convention on International Civil Aviation and the flight 
instruction is given outside the United States.



Sec. 61.43   Flight tests: General procedures.

    (a) The ability of an applicant for a private or commercial pilot 
certificate, or for an aircraft or instrument rating on that certificate 
to perform the required pilot operations is based on the following:
    (1) Executing procedures and maneuvers within the aircraft's 
performance capabilities and limitations, including use of the 
aircraft's systems.
    (2) Executing emergency procedures and maneuvers appropriate to the 
aircraft.
    (3) Piloting the aircraft with smoothness and accuracy.
    (4) Exercising judgment.
    (5) Applying his aeronautical knowledge.
    (6) Showing that he is the master of the aircraft, with the 
successful outcome of a procedure or maneuver never seriously in doubt.
    (b) If the applicant fails any of the required pilot operations in 
accordance with the applicable provisions of paragraph (a) of this 
section, the applicant fails the flight test. The applicant is not 
eligible for the certificate or rating sought until he passes any pilot 
operations he has failed.
    (c) The examiner or the applicant may discontinue the test at any 
time when the failure of a required pilot operation makes the applicant 
ineligible for the certificate or rating sought. If the test is 
discontinued the applicant is entitled to credit for only those entire 
pilot operations that he has successfully performed.



Sec. 61.45  Practical tests: Required aircraft and equipment.

    (a) General. Except when an applicant for a certificate or rating 
under this part is permitted to accomplish the entire flight increment 
of the practical test in a qualified and approved flight simulator or in 
a qualified and approved flight training device:
    (1) The applicant must furnish for each required test, except as 
provided by paragraph (a)(2) of this section, an aircraft of U.S. 
registry--
    (i) Of the category and class aircraft, and type aircraft, if 
applicable, for which the applicant is applying for a certificate or 
rating; and
    (ii) That has a current standard or limited airworthiness 
certificate.
    (2) At the discretion of the person authorized by the Administrator 
to conduct the test, the applicant may furnish--
    (i) An aircraft that has a current airworthiness certificate other 
than standard or limited, but that otherwise meets the requirement of 
paragraph (a)(1) of this section;
    (ii) An aircraft of the category and class, and type aircraft, if 
applicable, of foreign registry that is certificated by the country of 
registry; or
    (iii) A military aircraft of the category and class aircraft, and 
type aircraft, if applicable, for which the applicant is applying for a 
certificate or rating.
    (b) Required equipment (other than controls). Aircraft furnished for 
a flight test must have--
    (1) The equipment for each pilot operation required for the flight 
test;

[[Page 22]]

    (2) No prescribed operating limitations that prohibit its use in any 
pilot operation required on the test;
    (3) Pilot seats with adequate visibility for each pilot to operate 
the aircraft safely, except as provided in paragraph (d) of this 
section; and
    (4) Cockpit and outside visibility adequate to evaluate the 
performance of the applicant, where an additional jump seat is provided 
for the examiner.
    (c) Required controls. An applicant must furnish for each practical 
test an aircraft--
    (1) (Other than lighter-than-air) listed in paragraph (a) of this 
section.
    (2) That has engine controls and flight controls--
    (i) That are easily reached; and
    (ii) Unless the evaluator conducting the test accepts otherwise, 
that can be operated in a conventional manner by the applicant, other 
required crewmembers, and the evaluator if the evaluator occupies a 
pilot's seat.
    (d) Simulated instrument flight equipment. An applicant for any 
practical test involving flight maneuvers and flight procedures 
accomplished solely by reference to instruments, must furnish equipment 
that--
    (1) Excludes the applicant's visual reference to objects outside the 
aircraft; and
    (2) Is otherwise acceptable to the Administrator.
    (e) Aircraft with single controls. At the discretion of the 
examiner, an aircraft furnished under paragraph (a) of this section for 
a flight test may, in the cases listed herein, have a single set of 
controls. In such case, the examiner determines the competence of the 
applicant by observation from the ground or from another aircraft.
    (1) A flight test for addition of a class or type rating, not 
involving demonstration of instrument skills, to a private or commercial 
pilot certificate.
    (2) A flight test in a single-place gyroplane for--
    (i) A private pilot certificate with a rotorcraft category rating 
and gyroplane class rating, in which case the certificate bears the 
limitation ``rotorcraft single-place gyroplane only''; or
    (ii) Addition of a rotorcraft category rating and gyroplane class 
rating to a pilot certificate, in which case a certificate higher than a 
private pilot certificate bears the limitation ``rotorcraft single-place 
gyroplane, private pilot privileges, only''.

The limitations prescribed by this subparagraph may be removed if the 
holder of the certificate passes the appropriate flight test in a 
gyroplane with two pilot stations or otherwise passes the appropriate 
flight test for a rotorcraft category rating.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-100, 
61 FR 34548, July 2, 1996]



Sec. 61.47   Flight tests: Status of FAA inspectors and other authorized flight examiners.

    An FAA inspector or other authorized flight examiner conducts the 
flight test of an applicant for a pilot certificate or rating for the 
purpose of observing the applicant's ability to perform satisfactorily 
the procedures and maneuvers on the flight test. The inspector or other 
examiner is not pilot in command of the aircraft during the flight test 
unless he acts in that capacity for the flight, or portion of the 
flight, by prior arrangement with the applicant or other person who 
would otherwise act as pilot in command of the flight, or portion of the 
flight. Notwithstanding the type of aircraft used during a flight test, 
the applicant and the inspector or other examiner are not, with respect 
to each other (or other occupants authorized by the inspector or other 
examiner), subject to the requirements or limitations for the carriage 
of passengers specified in this chapter.



Sec. 61.49  Retesting after failure.

    (a) An applicant for a written or practical test who fails that test 
may not apply for retesting until 30 days after the date the test was 
failed. However, in the case of a first failure, the applicant may apply 
for retesting before the 30 days have expired provided the applicant 
presents a logbook or training record endorsement from an authorized 
instructor who has given the applicant remedial instruction and finds 
the applicant competent to pass the test.

[[Page 23]]

    (b) An applicant for a flight instructor certificate with an 
airplane category rating, or for a flight instructor certificate with a 
glider category rating, who has failed the practical test due to 
deficiencies of knowledge or skill relating to stall awareness, spin 
entry, spins, or spin recovery techniques must, during the retest, 
satisfactorily demonstrate both knowledge and skill in these areas in an 
aircraft of the appropriate category that is certificated for spins.

[Doc. No. 25910, 56 FR 11324, Mar. 15, 1991]



Sec. 61.51   Pilot logbooks.

    (a) The aeronautical training and experience used to meet the 
requirements for a certificate or rating, or the recent flight 
experience requirements of this part must be shown by a reliable record. 
The logging of other flight time is not required.
    (b) Logbook entries. Each pilot shall enter the following 
information for each flight or lesson logged:
    (1) General. (i) Date.
    (ii) Total time of flight or flight lesson.
    (iii) Except for simulated flight, the place, or points of departure 
and arrival.
    (iv) Type and identification of aircraft, flight simulator, or 
flight training device.
    (2) Type of pilot experience or training. (i) Pilot in command or 
solo.
    (ii) Second in command.
    (iii) Flight instruction received from an authorized flight 
instructor.
    (iv) Instrument flight instruction from an authorized flight 
instructor.
    (v) Pilot ground trainer instruction.
    (vi) Participating crew (lighter-than-air).
    (vii) Other pilot time.
    (viii) Instruction in a flight simulator or instruction in a flight 
training device.
    (3) Conditions of flight. (i) Day or night.
    (ii) Actual instrument.
    (iii) Simulated instrument conditions in actual flight, in a flight 
simulator, or in a flight training device.
    (c) Logging of pilot time--(1) Soloflight time. A pilot may log as 
solo flight time only that flight time when he is the sole occupant of 
the aircraft. However, a student pilot may also log as solo flight time 
that time during which he acts as the pilot in command of an airship 
requiring more than one flight crewmember.
    (2) Pilot-in-command flight time.
    (i) A private or commercial pilot may log as pilot-in-command time 
that flight time when the pilot is--
    (A) The sole manipulator of the controls of an aircraft for which 
the pilot is rated; or
    (B) Acting as pilot in command of an aircraft on which more than one 
pilot is required under the type certification of the aircraft or the 
regulation under which the flight is conducted.
    (ii) An airline transport pilot may log as pilot in command time all 
of the flight time during which he acts as pilot in command.
    (iii) A certificated flight instructor may log as pilot in command 
time all flight time during which he acts as a flight instructor.
    (iv) A recreational pilot may log as pilot-in-command time only that 
time when the pilot is the sole manipulator of the controls of an 
aircraft for which the pilot is rated.
    (3) Second-in-command flight time. A pilot may log as second in 
command time all flight time during which he acts as second in command 
of an aircraft on which more than one pilot is required under the type 
certification of the aircraft, or the regulations under which the flight 
is conducted.
    (4) Instrument flight time. (i) Except as provided in paragraph 
(c)(4)(iv) of this section, a pilot may log as instrument flight time 
only that time when the pilot operates an aircraft solely by reference 
to instruments under actual or simulated instrument flight conditions.
    (ii) For simulated instrument conditions a qualified and approved 
flight simulator or qualified and approved flight training device may be 
used, provided an authorized instructor is present during the simulated 
flight.
    (iii) Each entry in the pilot logbook must include--
    (A) The place and type of each instrument approach completed; and
    (B) The name of the safety pilot for each simulated instrument 
flight conducted in flight.

[[Page 24]]

    (iv) An instrument flight instructor conducting instrument flight 
instruction in actual instrument weather conditions may log instrument 
time.
    (5) Instruction time. All time logged as instruction time must be 
certified by the authorized instructor from whom it was received.
    (d) Presentation of logbook. (1) A pilot must present his logbook 
(or other record required by this section) for inspection upon 
reasonable request by the Administrator, an authorized representative of 
the National Transportation Safety Board, or any State or local law 
enforcement officer.
    (2) A student pilot must carry his logbook (or other record required 
by this section) with him on all solo cross-country flights, as evidence 
of the required instructor clearances and endorsements.
    (3) A recreational pilot must carry his or her logbook that has the 
required instructor endorsements on all solo flights--
    (i) In excess of 50 nautical miles from an airport at which 
instruction was received;
    (ii) In airspace in which communication with air traffic control is 
required;
    (iii) Between sunset and sunrises; and
    (iv) In an aircraft for which the pilot is not rated.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-82, 54 
FR 13037, Mar. 29, 1989; Amdt. 61-100, 61 FR 34548, July 2, 1996]



Sec. 61.53   Operations during medical deficiency.

    No person may act as pilot in command, or in any other capacity as a 
required pilot flight crewmember while he has a known medical 
deficiency, or increase of a known medical deficiency, that would make 
him unable to meet the requirements for his current medical certificate.



Sec. 61.55  Second-in-command qualifications.

    (a) Except as provided in paragraph (d) of this section, no person 
may serve as second in command of an aircraft type certificated for more 
than one required pilot flight crewmember unless that person holds--
    (1) At least a current private pilot certificate with appropriate 
category and class ratings; and
    (2) An appropriate instrument rating in the case of flight under 
IFR.
    (b) Except as provided in paragraph (d) of this section, no person 
may serve as second in command of an aircraft type certificated for more 
than one required pilot flight crewmember unless, since the beginning of 
the 12th calendar month before the month in which the pilot serves, the 
pilot has, with respect to that type of aircraft--
    (1) Become familiar with all information concerning the aircraft's 
powerplant, major components and systems, major appliances, performance 
and limitations, standard and emergency operating procedures, and the 
contents of the approved aircraft flight manual or approved flight 
manual material, placards, and markings.
    (2) Except as provided in paragraph (e) of this section, performed 
and logged--
    (i) Three takeoffs and three landings to a full stop in the aircraft 
as the sole manipulator of the flight controls; and
    (ii) Engine-out procedures and maneuvering with an engine out while 
executing the duties of a pilot in command.
    (3) Except as provided in paragraph (b)(4) of this section, the 
requirements of this paragraph (b)(3) may be accomplished in a flight 
simulator that is--
    (i) Qualified and approved by the Administrator for such purposes; 
and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (4) An applicant for an initial second-in-command qualification for 
a particular type of aircraft who is qualifying under the terms of 
paragraph (b)(3) of this section shall satisfactorily complete a minimum 
of one takeoff and one landing in an aircraft of the same type for which 
the qualification is sought.
    (c) If a pilot complies with the requirements in paragraph (b) of 
this section in the calendar month before, or the calendar month after, 
the month in which compliance with those requirements is due, he is 
considered to have

[[Page 25]]

complied with them in the month they are due.
    (d) This section does not apply to a pilot who--
    (1) Meets the pilot in command proficiency check requirements of 
part 121, 125, 127, or 135 of this chapter;
    (2) Is designated as the second in command of an aircraft operated 
under the provisions of part 121, 125, 127, or 135 of this chapter; or
    (3) Is designated as the second in command of an aircraft for the 
purpose of receiving flight training required by this section and no 
passengers or cargo are carried on that aircraft.
    (e) The holder of a commercial or airline transport pilot 
certificate with appropriate category and class ratings need not meet 
the requirements of paragraph (b)(2) of this section for the conduct of 
ferry flights, aircraft flight tests, or airborne equipment evaluation, 
if no persons or property other than as necessary for the operation are 
carried.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976; Amdt. 61-65, 42 FR 18391, Apr. 7, 1977; Amdt. 
61-77, 51 FR 40703, Nov. 7, 1986; Amdt. 61-100, 61 FR 34549, July 2, 
1996]



Sec. 61.56  Flight review.

    (a) A flight review consists of a minimum of 1 hour of flight 
instruction and 1 hour of ground instruction. The review must include--
    (1) A review of the current general operating and flight rules of 
part 91 of this chapter; and
    (2) A review of those maneuvers and procedures which, at the 
discretion of the person giving the review, are necessary for the pilot 
to demonstrate the safe exercise of the privileges of the pilot 
certificate.
    (b) Glider pilots may substitute a minimum of three instructional 
flights in a glider, each of which includes a 360-degree turn, in lieu 
of the 1 hour of flight instruction required in paragraph (a) of this 
section.
    (c) Except as provided in paragraphs (d) and (e) of this section, no 
person may act as pilot in command of an aircraft unless, since the 
beginning of the 24th calendar month before the month in which that 
pilot acts as pilot in command, that person has--
    (1) Accomplished a flight review given in an aircraft for which that 
pilot is rated by an appropriately rated instructor certificated under 
this part or other person designated by the Administrator; and
    (2) A logbook endorsed by the person who gave the review certifying 
that the person has satisfactorily completed the review.
    (d) A person who has, within the period specified in paragraph (c) 
of this section, satisfactorily completed a pilot proficiency check 
conducted by the FAA, an approved pilot check airman, or a U.S. Armed 
Force, for a pilot certificate, rating, or operating privilege, need not 
accomplish the flight review required by this section.
    (e) An applicant who has, within the period specified in paragraphs 
(c) and (d) of this section, satisfactorily completed a test for a pilot 
certificate, rating, or operating privilege, need not accomplish the 
flight review required by this section if the test was conducted by a 
person authorized by the Administrator, or authorized by a U.S. Armed 
Force, to conduct the test.
    (f) A person who holds a current flight instructor certificate who 
has, within the period specified in paragraph (c) of this section, 
satisfactorily completed a renewal of a flight instructor certificate 
under the provisions on Sec. 61.197(c), need not accomplish the 1 hour 
of ground instruction specified in subparagraph (a)(1) of this section.
    (g) The requirements of this section may be accomplished in 
combination with the requirements of Sec. 61.57 and other applicable 
recency requirements at the discretion of the instructor.
    (h) A flight simulator or flight training device may be used to meet 
the flight review requirements of this section subject to the following 
conditions:
    (1) The flight simulator or flight training device must be approved 
by the Administrator for that purpose.
    (2) The flight simulator or flight training device must be used in 
accordance with an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (3) Unless the review is undertaken in a flight simulator that is 
approved for landings, the applicant must meet the

[[Page 26]]

takeoff and landing requirements of Sec. 61.57 (c) or (d).
    (4) The flight simulator or flight training device used must 
represent an aircraft, or set of aircraft, for which the pilot is rated.

[Amdt. 61-93, 58 FR 40566, July 28, 1993, as amended by Amdt. 61-100, 61 
FR 34549, July 2, 1996]



Sec. 61.57  Recent flight experience: Pilot in command.

    (a)-(b) [Reserved]
    (c) General experience. (1) Except as otherwise provided in 
paragraph (f) of this section, no person may act as pilot in command of 
an aircraft carrying passengers, or of an aircraft certificated for more 
than one required pilot flight crewmember, unless that person meets the 
following requirements--
    (i) Within the preceding 90 calendar days, that person must have 
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 of aircraft.
    (ii) If the aircraft operated under paragraph (c)(1)(i) of this 
section is a tailwheel airplane, that person must have made to a full 
stop the landings required by that paragraph.
    (2) For the purpose of meeting the requirements of this section, a 
person may act as pilot in command of a flight under day visual flight 
rules (VFR) or day instrument flight rules (IFR) if no persons or 
property are carried other than as necessary for compliance with this 
part.
    (3) The takeoffs and landings required by paragraph (c)(1) of this 
section may be accomplished in a flight simulator or flight training 
device--
    (i) Qualified and approved by the Administrator for landings; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (d) Night experience. (1) Except as provided in paragraph (f) of 
this section, no person may act as pilot in command of an aircraft 
carrying passengers at night (the period beginning 1 hour after sunset 
and ending 1 hour before sunrise (as published in the American Air 
Almanac) unless, within the preceding 90 days, that person has made not 
fewer than three takeoffs and three landings to a full stop, at night, 
as the sole manipulator of the flight controls in the same category and 
class of aircraft.
    (2) The takeoffs and landings required by paragraph (d)(1) of this 
section may be accomplished in a flight simulator that is--
    (i) Qualified and approved by the Administrator for takeoffs and 
landings, if the visual system is adjusted to represent the time of day 
described in paragraph (d)(1) of this section; and
    (ii) Used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (e) Instrument currency. (1) Except as provided by paragraph (f) of 
this section, no person may act as pilot in command under IFR, or in 
weather conditions less than the minimums prescribed for VFR, unless, 
within the preceding 6 calendar months, that person has--
    (i) In the case of an aircraft other than a glider--
    (A) Logged at least 6 hours of instrument time including at least 
six instrument approaches under actual or simulated instrument 
conditions, not more than 3 hours of which may be in approved simulation 
representing aircraft other than gliders; or
    (B) Passed an instrument competency test as described in paragraphs 
(e)(2) and (e)(3) of this section; or
    (ii) In the case of a glider, the person must have logged at least 3 
hours of instrument time, at least half of which was in a glider or an 
airplane, except that the person may not carry a passenger in the glider 
until that person has completed at least 3 hours of instrument flight 
time in a glider.
    (2) A person who does not meet the recent instrument experience 
requirements of paragraph (e)(1) of this section during the prescribed 
time, or within 6 calendar months thereafter, may not serve as pilot in 
command under IFR, or in weather conditions less than the minimums 
prescribed for VFR, until that person passes an instrument competency 
test in the category and class of aircraft involved, given by a person 
authorized by the Administrator to conduct the test.

[[Page 27]]

    (3) The Administrator may authorize the conduct of all or part of 
the test required by paragraph (e)(2) of this section in a qualified and 
approved flight simulator or flight training device.
    (f) Exceptions. This section does not apply to a pilot in command, 
employed by a part 121 or 135 air carrier, engaged in a flight operation 
under part 91, 121, or 135 for the air carrier, if the pilot is in 
compliance with Sec. Sec. 121.437 and 121.439 or Sec. Sec. 135.243 and 
135.247 respectively.

[Amdt. 61-96, 59 FR 56387, Nov. 14, 1994, as amended by Amdt.61-97, 60 
FR 34081, June 29, 1995; Amdt. 61-100, 61 FR 34549, July 2, 1996]



Sec. 61.58  Pilot-in-command proficiency check: Operation of aircraft requiring more than one required pilot.

    (a) Except as otherwise provided in this section, to serve as pilot 
in command of an aircraft that is type certificated for more than one 
required pilot crewmember, a person must--
    (1) Within the preceding 12 calendar months, complete a pilot-in-
command check in an aircraft that is type certificated for more than one 
required pilot crewmember; and
    (2) Within the preceding 24 calendar months, complete a pilot-in-
command check in the particular type of aircraft in which that person 
will serve as pilot in command.
    (b) This section does not apply to persons conducting operations 
under part 121, part 125, part 127, part 133, part 135, or part 137 of 
this chapter.
    (c) The pilot-in-command check given in accordance with the 
provisions of part 121, part 125, part 127, or part 135 of this chapter 
may be used to satisfy the requirements of this section.
    (d) The pilot-in-command check required by paragraph (a) of this 
section may be accomplished by satisfactory completion of one of the 
following--
    (1) A pilot-in-command proficiency check conducted by a person 
authorized by the Administrator, consisting of the maneuvers and 
procedures required for a type rating;
    (2) The practical test required for a type rating;
    (3) The initial or periodic practical test required for the issuance 
of a pilot examiner or a check airman designation; or
    (4) A military flight check required for a pilot in command with 
instrument privileges, in an aircraft that the military requires to be 
operated by more than one pilot.
    (e) A check or a test described in paragraphs (d)(1) through (d)(4) 
of this section may be accomplished in a flight simulator qualified and 
approved under part 142 of this chapter subject to the following:
    (1) Except as allowed in paragraphs (e)(2) and (e)(3) of this 
section, if an otherwise qualified and approved flight simulator used 
for a pilot-in-command proficiency check is not qualified and approved 
for a specific required maneuver--
    (i) The training center shall annotate, in the applicant's training 
record, the maneuver or maneuvers omitted; and
    (ii) Prior to acting as pilot in command, the pilot shall 
demonstrate proficiency in each omitted maneuver in an aircraft or 
flight simulator qualified and approved for each omitted maneuver.
    (2) If the flight simulator used pursuant to this paragraph (e) is 
not qualified and approved for circling approaches--
    (i) The applicant's record shall be annotated with the statement, 
``Proficiency in circling approaches not demonstrated''; and
    (ii) The applicant may not perform circling approaches as pilot in 
command when weather conditions are less than the basic VFR conditions 
described in Sec. 91.155 of this chapter, until proficiency in circling 
approaches has been successfully demonstrated in an approved simulator 
or aircraft to a person authorized by the Administrator to conduct the 
check required by this section.
    (3) If the flight simulator used pursuant to this paragraph (e) is 
not qualified and approved for landings the applicant must--
    (i) Hold a type rating in the airplane represented by the simulator; 
and
    (ii) Have completed, within the preceding 90 days, at least three 
takeoffs and three landings (one to a full stop) as the sole manipulator 
of the flight controls in the type airplane for which

[[Page 28]]

the pilot-in-command proficiency check is sought.
    (f) For the purpose of meeting the check requirements of paragraph 
(a) of this section, a person may act as pilot in command of a flight 
under day VFR conditions or day IFR conditions if no person or property 
is carried, other than as necessary to demonstrate compliance with this 
part.
    (g) If a pilot takes the check required by this section in the 
calendar month before, or the calendar month after, the month in which 
it is due, the pilot is considered to have taken it in the month in 
which it was due for the purpose of computing when the next check is 
due.

[Doc. No. 26933, 61 FR 34550, July 2, 1996]



Sec. 61.59   Falsification, reproduction, or alteration of applications, certificates, logbooks, reports, or records.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate, rating, or duplicate thereof, issued 
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 the issuance, or exercise of the 
privileges, or 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.



Sec. 61.60   Change of address.

    The holder of a pilot or flight instructor certificate who has made 
a change in his permanent mailing address may not after 30 days from the 
date he moved, exercise the privileges of his certificate unless he has 
notified in writing the Department of Transportation, Federal Aviation 
Administration, Airman Certification Branch, Box 25082, Oklahoma City, 
OK 73125, of his new address.



          Subpart B--Aircraft Ratings and Special Certificates



Sec. 61.61   Applicability.

    This subpart prescribes the requirements for the issuance of 
additional aircraft ratings after a pilot or instructor certificate is 
issued, and the requirements and limitations for special pilot 
certificates and ratings issued by the Administrator.



Sec. 61.63  Additional aircraft ratings for other than airline transport pilot certificates (for parts 121 and 135 use only).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, an applicant who is a pilot crewmember employee of a 
part 121 certificate holder or a part 135 certificate holder must meet 
the requirements of paragraphs (b) through (d) of this section, as 
applicable to the rating sought.
    (b) Category rating. An applicant for a category rating to be added 
on his pilot certificate must meet the requirements of this part for the 
issue of the pilot certificate appropriate to the privileges for which 
the category rating is sought. However, the holder of a category rating 
for powered aircraft is not required to take a written test for the 
addition of a category rating on his pilot certificate.
    (c) Class rating. An applicant for an aircraft class rating to be 
added on his pilot certificate must--
    (1) Present a logbook record certified by an authorized flight 
instructor showing that the applicant has received flight instruction in 
the class of aircraft for which a rating is sought and has been found 
competent in the pilot operations appropriate to the pilot certificate 
to which his category rating applies; and
    (2) Pass a flight test appropriate to his pilot certificate and 
applicable to the aircraft category and class rating sought.

A person who holds a lighter-than-air category rating with a free 
balloon class rating, who seeks an airship class rating, must meet the 
requirements of

[[Page 29]]

paragraph (b) of this section as though seeking a lighter-than-air 
category rating.
    (d) Type rating. An applicant for a type rating to be added on his 
pilot certificate must meet the following requirements:
    (1) He must hold, or concurrently obtain, an instrument rating 
appropriate to the aircraft for which a type rating is sought.
    (2) He must pass a flight test showing competence in pilot 
operations appropriate to the pilot certificate he holds and to the type 
rating sought.
    (3) He must pass a flight test showing competence in pilot 
operations under instrument flight rules in an aircraft of the type for 
which the type rating is sought or, in the case of a single pilot 
station airplane, meet the requirements of paragraph (d)(3) (i) or (ii) 
of this section, whichever is applicable.
    (i) The applicant must have met the requirements of this paragraph 
in a multiengine airplane for which a type rating is required.
    (ii) If he does not meet the requirements of paragraph (d)(3)(i) of 
this section and he seeks a type rating for a single-engine airplane, he 
must meet the requirements of this subparagraph in either a single or 
multiengine airplane, and have the recent instrument experience set 
forth in Sec. 61.57(e), when he applies for the flight test under 
paragraph (d)(2) of this section.
    (4) An applicant who does not meet the requirements of paragraphs 
(d) (1) and (3) of this section may obtain a type rating limited to 
``VFR only.'' Upon meeting these instrument requirements or the 
requirements of Sec. 61.73(e)(2), the ``VFR only'' limitation may be 
removed for the particular type of aircraft in which competence is 
shown.
    (5) When an instrument rating is issued to the holder of one or more 
type ratings, the type ratings on the amended certificate bear the 
limitation described in paragraph (d)(4) of this section for each 
airplane type rating for which he has not shown his instrument 
competency under this paragraph.
    (6) On and after April 15, 1991, an applicant for a type rating to 
be added to a pilot certificate must--
    (i) Have completed ground and flight training on the maneuvers and 
procedures of Appendix A of this part that is appropriate to the 
airplane for which a type rating is sought, and received an endorsement 
from an authorized instructor in the person's logbook or training 
records certifying satisfactory completion of the training; or
    (ii) For a pilot employee of a part 121 or part 135 certificate 
holder, have completed the certificate holder's approved ground and 
flight training that is appropriate to the airplane for which a type 
rating is sought.


[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-490, 
56 FR 11324, Mar. 15, 1991; Amdt. 61-100, 61 FR 34550, July 2, 1996]



Sec. 61.64  Additional aircraft ratings for other than airline transport pilot certificates (for other than parts 121 and 135 use).

    (a) General. To be eligible for an additional aircraft rating to a 
pilot certificate, an applicant who is not a crewmember employee 
applicant of a part 121 training program or a part 135 training program 
must meet the requirements of paragraphs (b) through (i) of this 
section, applicable to the rating sought.
    (b) Category rating. An applicant who holds a pilot certificate and 
applies to add a category rating must meet the following requirements:
    (1) Present a record of training certified by an authorized 
instructor showing that the applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
applicable to the pilot certificate and aircraft category and class 
rating sought;
    (ii) Received flight training in the category and class of aircraft 
on the areas of operation applicable to the pilot certificate and 
aircraft category and class rating sought;
    (iii) Been found competent by the certifying flight instructor in 
the aeronautical knowledge areas required for the pilot certificate to 
which the added aircraft category rating would apply; and
    (iv) Been found competent by the certifying flight instructor in the 
areas of

[[Page 30]]

operation required for the pilot certificate to which the added aircraft 
category rating would apply;
    (2) Pass the knowledge test applicable to the pilot certificate and 
aircraft category and class rating sought; and
    (3) Pass the practical test required for the pilot certificate held, 
and category and class rating sought.
    (c) Class rating. An applicant who holds a pilot certificate and 
applies to add a class rating must meet the following requirements:
    (1) The applicant must present a record certified by an authorized 
instructor showing that the applicant has--
    (i) Received flight instruction in the class of aircraft on the 
areas of operation applicable to the pilot certificate and aircraft 
class rating sought;
    (ii) Received ground training on the aeronautical knowledge areas 
applicable to the pilot certificate and aircraft class rating sought;
    (iii) Been found competent by the certifying flight instructor in 
the aeronautical knowledge areas applicable to the pilot certificate to 
which the category and class rating would apply; and
    (iv) Been found competent by the certifying flight instructor in the 
areas of operation applicable to the pilot certificate to which the 
aircraft class rating would apply;
    (2) Pass a knowledge test applicable to the pilot certificate and 
aircraft class rating sought; and
    (3) Pass a practical test required for the pilot certificate held, 
and required for the category and class rating sought.
    (d) Type rating. An applicant who holds a pilot certificate and 
applies to add a type rating must meet the following requirements--
    (1) Present a record of training certified by an authorized 
instructor that shows that the applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
applicable to the type rating sought;
    (ii) Received flight training on the areas of operation applicable 
to the type rating sought; and
    (iii) Been found competent by the certifying flight instructor in 
the areas of operation required for the issue of the pilot certificate 
for which the aircraft type rating is sought.
    (2) Passed a required practical test on the areas of operation 
listed in Sec. 61.158 or Sec. 61.163, as applicable, for the aircraft 
type rating sought.
    (3) If the applicant does not hold an instrument rating, in addition 
to the tasks required by paragraph (d)(2) of this section, the applicant 
must also demonstrate competency in the operations required by 
Sec. 61.65(g).
    (e) The tasks required by paragraphs (b), (c), and (d) of this 
section shall be performed as follows:
    (1) Except as provided in paragraph (e)(2) of this section, the 
tasks must be performed in an aircraft of the same category, class, and 
type, if applicable, as the aircraft for which the added rating is 
sought.
    (2) Subject to the limitations of paragraph (e)(3) through (e)(12) 
of this section, the tasks may be performed in a flight simulator or a 
flight training device that represents the aircraft for which the added 
rating is sought.
    (3) The flight simulator or flight training device use permitted by 
paragraph (e)(2) of this section shall be conducted in accordance with 
an approved course at a training center certificated under part 142 of 
this chapter.
    (4) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet at least one of the following:
    (A) Hold a type rating for a turbojet airplane of the same class as 
the class of airplane for which the type rating is sought, or have been 
appointed by a military service as a pilot in command of an airplane of 
the same class as the class of airplane for which the type rating is 
sought, if a turbojet type rating is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
class as the class of airplane for which the type rating is sought, or 
have been designated by a military service as a pilot in command of an 
airplane of the same class as the class of airplane for which

[[Page 31]]

the type rating is sought, if a turbopropeller airplane type rating is 
sought.
    (C) Have at least 2,000 hours of actual flight time, of which 500 
hours must be in turbine-powered airplanes of the same class as the 
class of airplane for which the type rating is sought.
    (D) Have at least 500 hours of actual flight time in the same type 
airplane as the airplane for which the rating is sought.
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (5) Subject to the limitation of paragraph (e) (6) of this section, 
an applicant who does not meet the requirements of paragraph (e)(4) of 
this section may complete all training and testing (except for preflight 
inspection) for an added rating in a flight simulator if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets at least one of the following:
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a type rating in a propeller-driven airplane is 
sought.
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for the added 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same class 
of airplane for which the type rating is sought and which require a type 
rating; and
    (2) At least 25 hours of flight time in airplanes in the same type 
of airplane for which the rating is sought.
    (6) An applicant meeting only the requirements of paragraph (e)(5) 
of this section will be issued an added rating with a limitation.
    (7) The limitation on certificates issued under the provisions of 
paragraph (e)(6) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation specified 
in paragraph (e)(7) of this section--
    (i) May not act as PIC of the aircraft for which an added rating was 
obtained under the provisions of this section until he or she has had 
the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type as the airplane to which the limitation applies.
    (9) An applicant who does not meet the requirements of paragraph 
(e)(4) or (e)(5) of this section may be awarded an added rating after 
successful completion of one of the following requirements:
    (i) Compliance with paragraph (e)(2) and (e)(3) of this section and 
the following tasks, applicable to airplane ratings only, which must be 
successfully completed on a static airplane or in flight, as 
appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) Compliance with paragraphs (e)(2), (e)(3), and (e)(10) through 
(e)(12) of this section.
    (10) An applicant meeting only the requirements of paragraph (e)(9) 
of this section will be issued an added rating with a limitation.
    (11) The limitation on certificates issued under the provisions of 
paragraph (e)(10) of this section shall state, ``This certificate is 
subject to pilot-in-command limitations for the added rating.''
    (12) An applicant gaining a certificate with the limitation 
specified in paragraph (e)(11) of this section--
    (i) May not act as PIC of the aircraft for which an added rating was 
obtained under the provisions of this section until he or she has had 
the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the PIC, in an

[[Page 32]]

aircraft of the same type as the airplane to which the limitation 
applies.
    (f) An applicant for a type rating who provides an aircraft not 
capable of the instrument maneuvers and procedures required by 
Sec. 61.158 or Sec. 61.163 for the practical test may--
    (1) Obtain a type rating limited to ``VFR only''; and
    (2) Remove the ``VFR only'' limitation for each aircraft type in 
which the applicant demonstrates compliance with the instrument 
requirements of Sec. 61.158 or Sec. 61.163 or the requirements of 
Sec. 61.73(e)(2).
    (g) An applicant for a type rating may be issued a certificate with 
the limitation ``VFR only'' for each aircraft type not equipped for the 
applicant to show instrument competency.
    (h) An applicant for a type rating in a multiengine, single-pilot-
station airplane may meet the requirements of this part in another 
multiengine airplane.
    (i) An applicant for a type rating in a single-engine, single-pilot-
station airplane may meet the requirements of this part in another 
single-engine or multiengine airplane if the applicant meets the 
instrument currency requirements of Sec. 61.57(e).

[Doc. No. 26933, 61 FR 34550, July 2, 1996]



Sec. 61.65   Instrument rating requirements.

    (a) General. To be eligible for an instrument rating (airplane) or 
an instrument rating (helicopter), an applicant must--
    (1) Hold at least a current private pilot certificate with an 
aircraft rating appropriate to the instrument rating sought;
    (2) Be able to read, speak, and understand the English language; and
    (3) Comply with the applicable requirements of this section.
    (b) Ground instruction and written test. An applicant for the 
written test for an instrument rating must have received ground 
instruction or have logged home study in, and passed a written test on, 
at least the following areas of aeronautical knowledge applicable to the 
rating sought:
    (1) The regulations of this chapter that apply to flight under IFR 
conditions, the Airman's Information Manual, and the IFR air traffic 
system and procedures;
    (2) 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 plates;
    (3) 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; and
    (4) The safe and efficient operation of airplanes or helicopters, as 
appropriate, under instrument weather conditions.
    (c) Flight instruction. Except as otherwise provided in this 
paragraph, an applicant for the practical test for an instrument rating 
must present a record certified by an authorized instructor showing 
instrument flight instruction and competency in an aircraft of the same 
category for which the instrument rating is sought, in each of the 
following areas of operations:
    (1) Control and accurate maneuvering of the aircraft solely by 
reference to instruments.
    (2) IFR navigation by the use of the VOR and ADF systems, including 
compliance with air traffic control instructions and procedures.
    (3) Instrument approaches to published minimums using two different 
nonprecision approach systems and one precision approach system.
    (4) Cross-country flight in an aircraft in simulated or actual IFR 
conditions, on Federal airways or as routed by air traffic control, 
subject to the following:
    (i) The flight must be at least 250 nautical miles (100 nautical 
miles for helicopters) including a minimum of one precision instrument 
approach and two nonprecision instrument approaches.
    (ii) Each instrument approach must be accomplished at a different 
airport.
    (iii) If the departure and final destination airports are the same 
airport, the destination airport may be considered as the third airport.
    (iv) No approach need be done more than once.
    (5) Simulated emergencies involving equipment or instrument 
malfunctions,

[[Page 33]]

missed approach procedures, deviations to unplanned alternates, recovery 
from unusual attitudes, loss of communications, and simulated loss of 
power on at least one-half of the engines if a multiengine aircraft is 
used.
    (6) Flight instruction required by paragraphs (c)(1), (c)(2), 
(c)(3), and (c)(5) of this section may be accomplished in a qualified 
and approved flight simulator or in a qualified and approved flight 
training device.
    (d) [Reserved]
    (e) Flight experience. Except as provided in paragraph (h) of this 
section, an applicant for an instrument rating must have at least the 
following flight time as a pilot:
    (1) A total of 125 hours of pilot flight time, of which 50 hours are 
as pilot in command in cross-country flight in a powered aircraft with 
other than a student pilot certificate. Each cross-country flight must 
have a landing at a point more than 50 nautical miles from the original 
departure point.
    (2) 40 hours of simulated or actual instrument time, which may 
include--
    (i) Not more than a combined total of 20 hours of instrument 
instruction by an authorized instructor in a qualified and approved 
flight simulator or in a qualified and approved flight training device; 
or
    (ii) Not more than 30 hours of instrument instruction accomplished 
in an approved course conducted by a training center certificated under 
part 142 of this chapter.
    (3) 15 hours of instrument flight instruction by an authorized 
flight instructor, including at least 5 hours in an airplane or a 
helicopter, as appropriate.
    (f) [Reserved]
    (g) Practical test. An applicant for an instrument rating must pass 
a practical test consisting of an oral increment and a flight increment, 
as follows:
    (1) The flight increment required by this paragraph (g) (1) may be 
accomplished in any category, class, and type aircraft that is 
certificated for flight in instrument conditions, or in a qualified and 
approved flight simulator or qualified and approved flight training 
device.
    (2) The practical test required by this paragraph (g) (2) must 
include instrument flight procedures, selected by the person authorized 
by the Administrator to conduct the practical test, to determine the 
applicant's ability to perform competently the IFR operations described 
in paragraph (c) of this section.
    (3) The following requirements of the practical test must be 
accomplished in an aircraft or in a qualified and approved flight 
simulator:
    (i) At least one published precision, nonprecision, and circling 
approach.
    (ii) At least one landing.
    (iii) At least one cross-country flight.
    (h) Training qualifications. An applicant for the instrument rating 
who has satisfactorily completed an approved curriculum conducted at a 
training center certificated under part 142 of this chapter must have--
    (1) A total of at least 95 hours of pilot flight time, including at 
least 35 hours of simulated or actual instrument flight time; or
    (2) Satisfactorily completed the requirements of an approved 
instrument rating course at a part 142 certified training center that 
has received approval from the Administrator to conduct a curriculum 
satisfying the requirements of the instrument rating in--
    (i) Fewer than 95 hours of pilot flight time; or
    (ii) Fewer than 35 hours of simulated instrument time or actual 
instrument time.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-70, 47 
FR 3486, Jan. 25, 1982; Amdt. 61-75, 50 FR 19294, May 7, 1985; Amdt. 61-
100, 61 FR 34552, July 2, 1996]



Sec. 61.67   Category II pilot authorization requirements.

    (a) General. An applicant for a Category II pilot authorization must 
hold--
    (1) A pilot certificate with an instrument rating or an airline 
transport pilot certificate; and
    (2) A type rating for the aircraft for which the authorization is 
sought if that aircraft requires a type rating.
    (b) Experience requirements. An applicant for a Category II 
authorization must have at least--

[[Page 34]]

    (1) 50 hours of night flight time as pilot in command;
    (2) 75 hours of instrument time under actual or simulated instrument 
conditions that may include not more than--
    (i) A combination of 25 hours of simulated instrument flight time in 
qualified and approved flight simulators or qualified and approved 
flight training devices; or
    (ii) 40 hours of simulated instrument flight time if accomplished in 
an approved course conducted by an appropriately rated training center 
certificated under part 142 of this chapter.
    (3) 250 hours of cross-country flight time as pilot in command.

Night flight and instrument flight time used to meet the requirements of 
paragraphs (b) (1) and (2) of this section may also be used to meet the 
requirements of paragraph (b)(3) of this section.
    (c) Practical test required. (1) The practical test must be passed 
by--
    (i) An applicant for issue or renewal of an authorization; and
    (ii) An applicant for the addition of another type aircraft to his 
authorization.
    (2) To be eligible for the practical test, an applicant must--
    (i) Meet the requirements of paragraphs (a) and (b) of this section;
    (ii) Hold the appropriate class rating; and
    (iii) If the applicant has not passed a practical test for this 
authorization since the beginning of the twelfth calendar month, meet 
the following recent experience requirements--
    (A) The requirements of Sec. 61.57(e); and
    (B) At least six ILS approaches since the beginning of the sixth 
month before the practical test, subject to the following:
    (1) The approaches must be conducted under actual or simulated 
instrument flight conditions.
    (2) The approaches must be conducted down to the minimum decision 
height for the ILS approach in the type aircraft in which the practical 
test is to be conducted.
    (3) Except as provided in paragraph (c)(4) of this section, the 
approaches must be accomplished in an aircraft of the same category and 
class, and type, as applicable, as the aircraft in which the practical 
test is to be conducted.
    (4) The approaches may be accomplished in a flight simulator that--
    (i) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (ii) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (5) The approaches need not be conducted down to the decision height 
authorized for Category II operations if conducted in a qualified and 
approved flight simulator or qualified and approved flight training 
device.
    (6) At least three of the approaches required by paragraph 
(c)(2)(iii)(B) of this section must be conducted manually, without the 
use of an approach coupler.
    (7) The flight time acquired in meeting the requirements of 
paragraph (c)(2)(iii)(B) of this section may be used to meet the 
requirements of paragraph (c)(2)(iii)(A) of this section.
    (d) Practical test procedures. Oral questioning may be conducted at 
any time during the practical test. The practical test consists of two 
increments:
    (1) Oral increment. The applicant must demonstrate knowledge of the 
following:
    (i) Required landing distance.
    (ii) Recognition of the decision height.
    (iii) Missed approach procedures and techniques utilizing computed 
or fixed attitude guidance displays.
    (iv) RVR, its use and limitations.
    (v) Use of visual clues, their availability or limitations, and 
altitude at which they are normally discernible at reduced RVR readings.
    (vi) Procedures and techniques related to transition from nonvisual 
to visual flight during a final approach under reduced RVR.
    (vii) Effects of vertical and horizontal wind shear.
    (viii) Characteristics and limitations of the ILS and runway 
lighting system.
    (ix) Characteristics and limitations of the flight director system, 
auto approach coupler (including split axis type if equipped), auto 
throttle system

[[Page 35]]

(if equipped), and other required Category II equipment.
    (x) Assigned duties of the second in command during Category II 
approaches.
    (xi) Instrument and equipment failure warning systems.
    (2) Flight increment. The following requirements apply to the flight 
increment of a practical test:
    (i) The flight increment may be conducted in an aircraft of the same 
category and class and type, as applicable, as the aircraft in which the 
authorization is sought or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) At least two ILS approaches to 100 feet AGL including at least 
one landing and one missed approach.
    (iii) All approaches must be made with the approved flight control 
guidance system, except that if an approved automatic approach coupler 
is installed, at least one approach must be hand flown using flight 
director commands.
    (iv) If a multiengine airplane with the performance capability to 
execute a missed approach with one engine inoperative is used, one 
missed approach must be executed with an engine, which shall be the most 
critical engine, if applicable, set at idle or zero thrust before 
reaching the middle marker.
    (v) If a flight simulator is used, the missed approach must be 
executed with an engine, which shall be the most critical engine, if 
applicable, failed.
    (vi) For authorizations for aircraft that require a type rating, the 
test must be performed in coordination with a second in command who 
holds a type rating in the aircraft in which the authorization is 
sought.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40703, Nov. 7, 1986; Amdt. 61-100, 61 FR 34553, July 2, 1996]



Sec. 61.68  Category III pilot authorization requirements.

    (a) General. An applicant for a Category III pilot authorization 
must hold--
    (1) A pilot certificate with an instrument rating or airline 
transport pilot certificate;
    (2) A valid medical certificate;
    (3) A category and class rating for the aircraft for which the 
authorization is sought; and
    (4) A type rating for the aircraft for which the authorization is 
sought, if that aircraft requires a type rating.
    (b) Experience requirements. An applicant for a Category III 
authorization must have at least--
    (1) 50 hours of night flight time as pilot in command;
    (2) Except as provided in paragraph (c) of this section, 75 hours of 
instrument flight time during actual or simulated instrument conditions 
that may include not more than a combination of 25 hours of simulated 
instrument flight time in qualified and approved flight simulators or 
qualified and approved flight training devices; and
    (3) 250 hours of cross-country flight time as pilot in command.
    (c) Increasing instrument flight time hours. The instrument flight 
time allowed in flight simulators or flight training devices under 
paragraph (b)(2) of this section may be increased to not more than 40 
hours if accomplished in an approved course conducted by a training 
center certificated under part 142 of this chapter.
    (d) Practical test required. (1) An applicant for the issuance or 
renewal of a Category III authorization or for the addition of another 
type aircraft to an authorization must pass a practical test.
    (2) If the applicant has not passed a practical test for this 
authorization since the beginning of the twelfth calendar month, the 
applicant must meet the following recency of experience requirements:
    (i) The requirements of Sec. 61.57(e).
    (ii) At least six ILS approaches since the beginning of the sixth 
month before the practical test, subject to the following:

[[Page 36]]

    (A) The approaches must be conducted under actual or simulated 
instrument flight conditions and flown down to the minimum altitude for 
the ILS approach.
    (B) Except as provided in paragraph (d)(2)(ii)(C) of this section, 
the approaches must be accomplished in an aircraft of the same category 
and class, and type, as applicable, as the aircraft in which the 
practical test is to be conducted.
    (C) The approaches may be accomplished in a flight simulator or 
flight training device that--
    (1) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft for which the authorization is sought; 
and
    (2) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (D) Conducted down to the alert height or decision height, as 
applicable, authorized for Category III operations only if conducted in 
a qualified and approved flight simulator or qualified and approved 
flight training device.
    (e) Practical test procedures. Oral questioning may be conducted at 
any time during the practical test. The practical test consists of two 
increments:
    (1) Oral increment. The applicant must demonstrate knowledge of the 
following:
    (i) Required landing distance.
    (ii) Determination and recognition of the alert height or decision 
height, as applicable, including use of a radar altimeter.
    (iii) Recognition of and proper reaction to significant failures 
encountered prior to and after reaching the alert height or decision 
height, as applicable.
    (iv) Missed approach procedures and techniques using computed or 
fixed attitude guidance displays and expected height loss as they relate 
to manual go-around or automatic go-around and initiation altitude, as 
applicable.
    (v) The use and limitations of RVR, including determination of 
controlling RVR and required transmissometers.
    (vi) The use, availability, or limitations of visual cues and the 
altitude at which they are normally discernible at reduced RVR readings 
including--
    (A) Unexpected deterioration of conditions to less than minimum RVR 
during approach, flare, and rollout;
    (B) Demonstration of expected visual references with weather at 
minimum conditions; and
    (C) The expected sequence of visual cues during an approach in which 
visibility is at or above landing minima.
    (vii) Procedures and techniques for making a transition from 
instrument reference flight to visual flight during a final approach 
under reduced RVR.
    (viii) Effects of vertical and horizontal wind shear.
    (ix) Characteristics and limitations of the ILS and runway lighting 
system.
    (x) Characteristics and limitations of the flight director system 
auto approach coupler (including split axis type if so equipped), auto 
throttle system, if applicable, and other Category III equipment, as 
applicable.
    (xi) Assigned duties of the second in command during Category III 
operations, unless the aircraft for which authorization is sought does 
not require a second in command.
    (xii) Recognition of the limits of acceptable aircraft position and 
flight path tracking during approach, flare, and, if applicable, 
rollout.
    (xiii) Recognition of, and reaction to, airborne or ground system 
faults or abnormalities, particularly after passing alert height or 
decision height, as applicable.
    (2) Flight increment. The following requirements apply to the flight 
increment of the practical test:
    (i) The flight increment may be conducted in an aircraft of the same 
category and class, and type, as applicable, as the aircraft in which 
the authorization is sought, or in a flight simulator that--
    (A) Represents an aircraft of the same category and class, and type, 
as applicable, as the aircraft in which the authorization is sought; and
    (B) Is used in accordance with an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (ii) All approaches must be made with the approved automatic landing

[[Page 37]]

system or an equivalent landing system approved by the Administrator and 
must consist of the following:
    (A) At least two ILS approaches to 100 feet AGL, including one 
landing and one missed approach initiated from a very low altitude that 
may result in a touchdown during the go-around maneuver.
    (B) If a multiengine aircraft with the performance capability to 
execute a missed approach with one engine inoperative is used, a missed 
approach shall be executed with an engine, which shall be the most 
critical engine, if applicable, set at idle or zero thrust before 
reaching the middle or outer marker.
    (C) If a flight simulator or flight training device is used, a 
missed approach must be executed with an engine, which shall be the most 
critical engine, if applicable, failed.
    (D) Subject to the limitations of paragraph (e)(2)(ii)(E) of this 
section, for Category IIIb operations predicated on the use of a fail-
passive rollout control system, at least one manual rollout using visual 
reference or a combination of visual and instrument references.
    (E) The maneuver required by paragraph (e)(2)(ii)(D) of this section 
shall be initiated by a fail-passive disconnect of the rollout control 
system--
    (1) After main gear touchdown;
    (2) Prior to nose gear touchdown;
    (3) In conditions representative of the most adverse lateral 
touchdown displacement allowing a safe landing on the runway; and
    (4) In weather conditions anticipated in Category IIIb operations.
    (iii) For authorizations for aircraft that require a type rating, 
the practical test must be performed in coordination with a second in 
command who holds a type rating in the aircraft in which the 
authorization is sought.

[Doc. No. 26933, 61 FR 34553, July 2, 1996]



Sec. 61.69   Glider towing: Experience and instruction requirements.

    No person may act as pilot in command of an aircraft towing a glider 
unless he meets the following requirements:
    (a) He holds a current pilot certificate (other than a student or 
recreational pilot certificate) issued under this part.
    (b) He has an endorsement in his pilot logbook from a person 
authorized to give flight instruction in gliders, certifying that he has 
received ground and flight instruction in gliders and is familiar with 
the techniques and procedures essential to the safe towing of gliders, 
including airspeed limitations, emergency procedures, signals used, and 
maximum angles of bank.
    (c) He has made and entered in his pilot logbook--
    (1) At least three flights as sole manipulator of the controls of an 
aircraft towing a glider while accompanied by a pilot who has met the 
requirements of this section and made and logged at least 10 flights as 
pilot-in-command of an aircraft towing a glider; or
    (2) At least three flights as sole manipulator of the controls of an 
aircraft simulating glider towing flight procedures (while accompanied 
by a pilot who meets the requirements of this section), and at least 
three flights as pilot or observer in a glider being towed by an 
aircraft.

However, any person who, before May 17, 1967, made, and entered in his 
pilot logbook, 10 or more flights as pilot in command of an aircraft 
towing a glider in accordance with a certificate of waiver need not 
comply with paragraphs (c)(1) and (2) of this section.
    (d) If he holds only a private pilot certificate he must have had, 
and entered in his pilot logbook at least--
    (1) 100 hours of pilot flight time in powered aircraft; or
    (2) 200 total hours of pilot flight time in powered or other 
aircraft.
    (e) Within the preceding 12 months he has--
    (1) Made at least three actual or simulated glider tows while 
accompanied by a qualified pilot who meets the requirements of this 
section; or
    (2) Made at least three flights as pilot in command of a glider 
towed by an aircraft.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976; Amdt. 61-82, 54 FR 13038, Mar. 29, 1989]

[[Page 38]]



Sec. 61.71   Graduates of certificated flying schools: Special rules.

    (a) A graduate of a flying school that is certificated under part 
141 of this chapter is considered to meet the applicable aeronautical 
experience requirements of this part if he presents an appropriate 
graduation certificate within 60 days after the date he is graduated. 
However, if he applies for a flight test for an instrument rating he 
must hold a commercial pilot certificate, or hold a private pilot 
certificate and meet the requirements of Secs. 61.65(e)(1) and 61.123 
(except paragraphs (d) and (e) thereof). In addition, if he applies for 
a flight instructor certificate he must hold a commercial pilot 
certificate.
    (b) An applicant for a certificate or rating under this part is 
considered to meet the aeronautical knowledge and skill requirements, or 
both, applicable to that certificate or rating if the applicant applies 
within 90 days after graduation from an appropriate course given by a 
pilot school that is certificated under part 141 of this chapter and is 
authorized to test applicants on aeronautical knowledge or skill, or 
both.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-63, 39 
FR 20057, June 6, 1974; Amdt. 61-490, 56 FR 11325, Mar. 15, 1991]



Sec. 61.73   Military pilots or former military pilots: Special rules.

    (a) General. A rated military pilot or former rated military pilot 
who applies for a private or commercial pilot certificate, or an 
aircraft or instrument rating, is entitled to that certificate with 
appropriate ratings or to the addition of a rating on the pilot 
certificate he holds, if he meets the applicable requirements of this 
section. This section does not apply to a military pilot or former 
military pilot who has been removed from flying status for lack of 
proficiency or because of disciplinary action involving aircraft 
operations.
    (b) Military pilots on active flying status within 12 months. A 
rated military pilot or former rated military pilot who has been on 
active flying status within the 12 months before he applies must pass a 
written test on the parts of this chapter relating to pilot privileges 
and limitations, air traffic and general operating rules, and accident 
reporting rules. In addition, he must present documents showing that he 
meets the requirements of paragraph (d) of this section for at least one 
aircraft rating, and that he is, or was at any time since the beginning 
of the twelfth month before the month in which he applies--
    (1) A rated military pilot on active flying status in an armed force 
of the United States; or
    (2) A rated military pilot of an armed force of a foreign 
contracting State to the Convention on International Civil Aviation, 
assigned to pilot duties (other than flight training) with an armed 
force of the United States who holds, at the time he applies, a current 
civil pilot license issued by that foreign State authorizing at least 
the privileges of the pilot certificate he seeks.
    (c) Military pilots not on active flying status within previous 12 
months. A rated military pilot or former military pilot who has not been 
on active flying status within the 12 months before he applies must pass 
the appropriate written and flight tests prescribed in this part for the 
certificate or rating he seeks. In addition, he must show that he holds 
an FAA medical certificate appropriate to the pilot certificate he seeks 
and present documents showing that he was, before the beginning of the 
twelfth month before the month in which he applies, a rated military 
pilot as prescribed by either paragraph (b) (1) or (2) of this section.
    (d) Aircraft ratings: Other than airplane category and type. An 
applicant for a category, class, or type rating (other than airplane 
category and type rating) to be added on the pilot certificate he holds, 
or for which he has applied, is issued that rating if he presents 
documentary evidence showing one of the following:
    (1) That he has passed an official United States military checkout 
as pilot in command of aircraft of the category, class, or type for 
which he seeks a rating since the beginning of the twelfth month before 
the month in which he applies.
    (2) That he has had at least 10 hours of flight time serving as 
pilot in command of aircraft of the category, class, or type for which 
he seeks a rating

[[Page 39]]

since the beginning of the twelfth month before the month in which he 
applies and previously has had an official United States military 
checkout as pilot in command of that aircraft.
    (3) That he has met the requirements of paragraph (b) (1) or (2) of 
this section, has had an official United States military checkout in the 
category of aircraft for which he seeks a rating, and that he passes an 
FAA flight test appropriate to that category and the class or type 
rating he seeks. To be eligible for that flight test, he must have a 
written statement from an authorized flight instructor, made not more 
than 60 days before he applies for the flight test, certifying that he 
is competent to pass the test. A type rating is issued only for aircraft 
types that the Administrator has certificated for civil operations. Any 
rating placed on an airline transport pilot certificate is limited to 
commercial pilot privileges.
    (e) Airplane category and type ratings. (1) An applicant for a 
commercial pilot certificate with an airplane category rating, or an 
applicant for the addition of an airplane category rating on his 
commercial pilot certificate, must hold an airplane instrument rating, 
or his certificate is endorsed with the following limitation: ``Not 
valid for the carriage of passengers or property for hire in airplanes 
on cross-country flights of more than 50 nautical miles, or at night.''
    (2) An applicant for a private or commercial pilot certificate with 
an airplane type rating, or for the addition of an airplane type rating 
on his private or commercial pilot certificate who holds an instrument 
rating (airplane), must present documentary evidence showing that he has 
demonstrated instrument competency in the type of airplane for which the 
type rating is sought, or his certificate is endorsed with the following 
limitation: ``VFR only.''
    (f) Instrument rating. An applicant for an airplane instrument 
rating or a helicopter instrument rating to be added on the pilot 
certificate he holds, or for which he has applied, is entitled to that 
rating if he has, within the 12 months preceding the month in which he 
applies, satisfactorily accomplished an instrument flight check of a 
U.S. Armed Force in an aircraft of the category for which he seeks the 
instrument rating and is authorized to conduct IFR flights on Federal 
airways. A helicopter instrument rating added on an airline transport 
pilot certificate is limited to commercial pilot privileges.
    (g) Evidentiary documents. The following documents are satisfactory 
evidence for the purposes indicated:
    (1) To show that the applicant is a member of the armed forces, an 
official identification card issued to the applicant by an armed force 
may be used.
    (2) To show the applicant's discharge or release from an armed 
force, or his former membership therein, an original or a copy of a 
certificate of discharge or release may be used.
    (3) To show current or previous status as a rated military pilot on 
flying status with a U.S. Armed Force, one of the following may be used:
    (i) An official U.S. Armed Force order to flight duty as a military 
pilot.
    (ii) An official U.S. Armed Force form or logbook showing military 
pilot status.
    (iii) An official order showing that the applicant graduated from a 
U.S. military pilot school and is rated as a military pilot.
    (4) To show flight time in military aircraft as a member of a U.S. 
Armed Force, an appropriate U.S. Armed Force form or summary of it, or a 
certified United States military logbook may be used.
    (5) To show pilot-in-command status, an official U.S. Armed Force 
record of a military checkout as pilot in command, may be used.
    (6) To show instrument pilot qualification, a current instrument 
card issued by a U.S. Armed Force, or an official record of the 
satisfactory completion of an instrument flight check within the 12 
months preceding the month of the application may be used. However, a 
Tactical (Pink) instrument card issued by the U.S. Army is not 
acceptable.



Sec. 61.75   Pilot certificate issued on basis of a foreign pilot license.

    (a) Purpose. The holder of a current private, commercial, senior 
commercial, or airline transport pilot license issued by a foreign 
contracting State

[[Page 40]]

to the Convention on International Civil Aviation may apply for a pilot 
certificate under this section authorizing him to act as a pilot of a 
civil aircraft of U.S. registry.
    (b) Certificate issued. A pilot certificate is issued to an 
applicant under this section, specifying the number and State of 
issuance of the foreign pilot license on which it is based. An applicant 
who holds a foreign private pilot license is issued a private pilot 
certificate, and an applicant who holds a foreign commercial, senior 
commercial, or airline transport pilot license is issued a commercial 
pilot certificate, if--
    (1) He meets the requirements of this section;
    (2) His foreign pilot license does not contain an endorsement that 
he has not met all of the standards of ICAO for that license; and
    (3) He does not hold a U.S. pilot certificate of private pilot grade 
or higher.
    (c) Limitation on licenses used as basis for U.S. certificate. Only 
one foreign pilot license may be used as a basis for issuing a pilot 
certificate under this section.
    (d) Aircraft ratings issued. Aircraft ratings listed on the 
applicant's foreign pilot license, in addition to any issued after 
testing under the provisions of this part, are placed on the applicant's 
pilot certificate.
    (e) Instrument rating issued. An instrument rating is issued to an 
applicant if--
    (1) His foreign pilot license authorizes instrument privileges; and
    (2) Within 24 months preceding the month in which he makes 
application for a certificate, he passed a test on the instrument flight 
rules in subpart B of part 91 of this chapter, including the related 
procedures for the operation of the aircraft under instrument flight 
rules.
    (f) Medical standards and certification. An applicant must submit 
evidence that he currently meets the medical standards for the foreign 
pilot license on which the application for a certificate under this 
section is based. A current medical certificate issued under part 67 of 
this chapter is accepted as evidence that the applicant meets those 
standards. However, a medical certificate issued under part 67 of this 
chapter is not evidence that the applicant meets those standards outside 
the United States, unless the State that issued the applicant's foreign 
pilot license also accepts that medical certificate as evidence of 
meeting the medical standards for his foreign pilot license.
    (g) Limitations placed on pilot certificate. (1) If the applicant 
cannot read, speak, and understand the English language, the 
Administrator places any limitation on the certificate that he considers 
necessary for safety.
    (2) A certificate issued under this section is not valid for 
agricultural aircraft operations, or the operation of an aircraft in 
which persons or property are carried for compensation or hire. This 
limitation is also placed on the certificate.
    (h) Operating privileges and limitations. The holder of a pilot 
certificate issued under this section may act as a pilot of a civil 
aircraft of U.S. registry in accordance with the pilot privileges 
authorized by the foreign pilot license on which that certificate is 
based, subject to the limitations of this part and any additional 
limitations placed on his certificate by the Administrator. He is 
subject to these limitations while he is acting as a pilot of the 
aircraft within or outside the United States. However, he may not act as 
pilot in command, or in any other capacity as a required pilot flight 
crewmember, of a civil aircraft of U.S. registry that is carrying 
persons or property for compensation or hire.
    (i) Flight instructor certificate. A pilot certificate issued under 
this section does not satisfy any of the requirements of this part for 
the issuance of a flight instructor certificate.



Sec. 61.77  Special purpose pilot certificate: Operation of U.S.-registered civil airplanes leased by a person not a U.S. citizen.

    (a) General. The holder of a current foreign pilot certificate or 
license issued by a foreign contracting State to the Convention on 
International Civil Aviation, who meets the requirements of this 
section, may hold a special purpose pilot certificate authorizing the

[[Page 41]]

holder to perform pilot duties on a civil airplane of U.S. registry, 
leased to a person not a citizen of the United States, carrying persons 
or property for compensation or hire. Special purpose pilot certificates 
are issued under this section only for airplane types that can have a 
maximum passenger seating configuration, excluding any flight crewmember 
seat, of more than 30 seats or a maximum payload capacity (as defined in 
Sec. 135.2(e) of this chapter) of more than 7,500 pounds.
    (b) Eligibility. To be eligible for the issuance or renewal of a 
certificate under this section, an applicant or a representative of the 
applicant must present the following to the Administrator:
    (1) A current foreign pilot certificate or license, issued by the 
aeronautical authority of a foreign contracting State to the Convention 
on International Civil Aviation, or a facsimile acceptable to the 
Administrator. The certificate or license must authorize the applicant 
to perform the pilot duties to be authorized by a certificate issued 
under this section on the same airplane type as the leased airplane.
    (2) A current certification by the lessee of the airplane--
    (i) Stating that the applicant is employed by the lessee;
    (ii) Specifying the airplane type on which the applicant will 
perform pilot duties; and
    (iii) Stating that the applicant has received ground and flight 
instruction which qualifies the applicant to perform the duties to be 
assigned on the airplane.
    (3) Documentation showing that the applicant has not reached the age 
of 60 and that the applicant currently meets the medical standards for 
the foreign pilot certificate or license required by paragraph (b)(1) of 
this section, except that a U.S. medical certificate issued under part 
67 of this chapter is not evidence that the applicant meets those 
standards unless the State which issued the applicant's foreign pilot 
certificate or license accepts a U.S. medical certificate as evidence of 
medical fitness for a pilot certificate or license.
    (c) Privileges. The holder of a special purpose pilot certificate 
issued under this section may exercise the same privileges as those 
shown on the certificate or license specified in paragraph (b)(1) of 
this section, subject to the limitations specified in this section. The 
certificate holder is not subject to the requirements of Secs. 61.55, 
61.57, and 61.58 of this part.
    (d) Limitations. Each certificate issued under this section is 
subject to the following limitations:
    (1) It is valid only--
    (i) For flights between foreign countries or for flights in foreign 
air commerce;
    (ii) While it and the foreign pilot certificate or license required 
by paragraph (b)(1) of this section are in the certificate holder's 
personal possession and are current;
    (iii) While the certificate holder is employed by the person to whom 
the airplane described in the certification required by paragraph (b)(2) 
of this section is leased;
    (iv) While the certificate holder is performing pilot duties on the 
U.S.-registered civil airplane described in the certification required 
by paragraph (b)(2) of this section;
    (v) While the medical documentation required by paragraph (b)(3) of 
this section is in the certificate holder's personal possession and is 
currently valid; and
    (vi) While the certificate holder is under 60 years of age.
    (2) Each certificate issued under this section contains the 
following:
    (i) The name of the person to whom the U.S.-registered civil 
aircraft is leased.
    (ii) The type of aircraft.
    (iii) The limitation: ``Issued under, and subject to, Sec. 61.77 of 
the Federal Aviation Regulations.''
    (iv) The limitation: ``Subject to the privileges and limitations 
shown on the holder's foreign pilot certificate or license.''
    (3) Any additional limitations placed on the certificate which the 
Administrator considers necessary.
    (e) Termination. Each special purpose pilot certificate issued under 
this section terminates--
    (1) When the lease agreement for the airplane described in the 
certification required by paragraph (b)(2) of this section terminates;

[[Page 42]]

    (2) When the foreign pilot certificate or license, or the medical 
documentation, required by paragraph (b) of this section is suspended, 
revoked, or no longer valid;
    (3) When the certificate holder reaches the age of 60; or
    (4) After 24 months after the month in which the special purpose 
pilot certificate was issued.
    (f) Surrender of certificate. The certificate holder shall surrender 
the special purpose pilot certificate to the Administrator within 7 days 
after the date it terminates.
    (g) Renewal. The certificate holder may have the certificate renewed 
by complying with the requirements of paragraph (b) of this section at 
the time of application for renewal.

[Doc. No. 19300, 45 FR 5671, Jan. 24, 1980]



               Subpart C--Student and Recreational Pilots



Sec. 61.81  Applicability.

    This subpart prescribes the requirements for the issuance of student 
pilot certificates and recreational pilot certificates and ratings, the 
conditions under which those certificates and ratings are necessary, and 
the general operating rules and limitations for the holders of those 
certificates and ratings.

[Doc. No. 24695, 54 FR 13038, Mar. 29, 1989]



Sec. 61.83  Eligibility requirements: Student pilots.

    To be eligible for a student pilot certificate, a person must--
    (a) Be at least 16 years of age, or at least 14 years of age for a 
student pilot certificate limited to the operation of a glider or free 
balloon;
    (b) Be able to read, speak, and understand the English language, or 
have such operating limitations placed on his pilot certificate as are 
necessary for the safe operation of aircraft, to be removed when he 
shows that he can read, speak, and understand the English language; and
    (c) Hold at least a current third-class medical certificate issued 
under part 67 of this chapter, or, in the case of glider or free balloon 
operations, certify that he has no known medical defect that makes him 
unable to pilot a glider or a free balloon.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976; Amdt. 61-82, 54 FR 13038, Mar. 29, 1989]



Sec. 61.85   Application.

    An application for a student pilot certificate is made on a form and 
in a manner provided by the Administrator and is submitted to--
    (a) A designated aviation medical examiner when applying for an FAA 
medical certificate in the United States; or
    (b) An FAA operations inspector or designated pilot examiner, 
accompanied by a current FAA medical certificate, or in the case of an 
application for a glider or free balloon pilot certificate it may be 
accompanied by a certification by the applicant that he has no known 
medical defect that makes him unable to pilot a glider or free balloon.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-72, 47 
FR 35693, Aug. 16, 1982]



Sec. 61.87  Solo flight requirements for student pilots.

    (a) General. A student pilot may not operate an aircraft in solo 
flight unless that student meets the requirements of this section. The 
term ``solo flight,'' as used in this subpart, means that flight time 
during which a student pilot is the sole occupant of the aircraft, or 
that flight time during which the student acts as pilot-in-command of an 
airship requiring more than one flight crewmember.
    (b) Aeronautical knowledge. A student pilot must have demonstrated 
satisfactory knowledge to an authorized instructor, of the appropriate 
portions of parts 61 and 91 of the Federal Aviation Regulations that are 
applicable to student pilots. This demonstration must include the 
satisfactory completion of a written examination to be administered and 
graded by the instructor who endorses the student's pilot certificate 
for solo flight. The written examination must include questions on the 
applicable regulations and the flight characteristics and operational 
limitations for the make and model aircraft to be flown.

[[Page 43]]

    (c) Pre-solo flight training. Prior to being authorized to conduct a 
solo flight, a student pilot must have received and logged instruction 
in at least the applicable maneuvers and procedures listed in paragraphs 
(d) through (j) of this section for the make and model of aircraft to be 
flown in solo flight, and must have demonstrated proficiency to an 
acceptable performance level as judged by the instructor who endorses 
the student's pilot certificate.
    (d) For all aircraft (as appropriate to the aircraft to be flown in 
solo flight), the student pilot must have received pre-solo flight 
training in--
    (1) Flight preparation procedures, including preflight inspections, 
powerplant operation, and aircraft systems;
    (2) Taxiing or surface operations, including runups;
    (3) Takeoffs and landings, including normal and crosswind;
    (4) Straight and level flight, shallow, medium, and steep banked 
turns in both directions;
    (5) Climbs and climbing turns;
    (6) Airport traffic patterns including entry and departure 
procedures, and collision and wake turbulence avoidance;
    (7) Descents with and without turns using high and low drag 
configurations;
    (8) Flight at various airspeeds from cruising to minimum 
controllable airspeed;
    (9) Emergency procedures and equipment malfunctions; and
    (10) Ground reference maneuvers.
    (e) For airplanes, in addition to the maneuvers and procedures in 
paragraph (d) of this section, the student pilot must have received pre-
solo flight training in--
    (1) Approaches to the landing area with engine power at idle and 
with partial power;
    (2) Slips to a landing;
    (3) Go-arounds from final approach and from the landing flare in 
various flight configurations including turns;
    (4) Forced landing procedures initiated on takeoff, during initial 
climb, cruise, descent, and in the landing pattern; and
    (5) Stall entries from various flight attitudes and power 
combinations with recovery initiated at the first indication of a stall, 
and recovery from a full stall.
    (f) For rotorcraft (other than single-place gyroplanes), in addition 
to the maneuvers and procedures in paragraph (d) of this section and as 
allowed by the aircraft's performance and maneuver limitations, the 
student pilot must have received pre-solo flight training in--
    (1) Approaches to the landing area;
    (2) Hovering turns and air taxiing (for helicopters only) and ground 
maneuvers;
    (3) Go-arounds from landing hover and from final approach;
    (4) Simulated emergency procedures, including autorotational 
descents with a power recovery or running landing in gyroplanes, a power 
recovery to a hover in a single engine helicopter, or approaches to a 
hover or landing with one engine inoperative in multiengine helicopters; 
and
    (5) Rapid decelerations (helicopters only).
    (g) For single-place gyroplanes, in addition to the appropriate 
maneuvers and procedures in paragraph (d) of this section, the student 
pilot must have received pre-solo flight training in--
    (1) Simulated emergency procedures, including autorotational 
descents with a power recovery or a running landing;
    (2) At least three successful flights in gyroplanes under the 
observation of a qualified instructor; and
    (3) For nonpowered single-place gyroplanes only, at least three 
successful flights in a gyroplane towed from the ground under the 
observation of the flight instructor who endorses the student's pilot 
certificate.
    (h) For gliders, in addition to the appropriate maneuvers and 
procedures in paragraph (d) of this section, the student pilot must have 
received pre-solo flight training in--
    (1) Preflight inspection of towline rigging, review of signals, and 
release procedures to be used;
    (2) Aerotows, ground tows, or self-launch;
    (3) Principles of glider disassembly and assembly;
    (4) Stall entries from various flight attitudes with recovery 
initiated at the first indication of a stall, and recovery from a full 
stall;

[[Page 44]]

    (5) Straight glides, turns, and spirals;
    (6) Slips to a landing;
    (7) Procedures and techniques for thermalling in convergence lift or 
ridge lift as appropriate to the training area; and
    (8) Emergency operations including towline break procedures.
    (i) In airships, in addition to the appropriate maneuvers and 
procedures in paragraph (d) of this section, the student pilot must have 
received pre-solo flight training in--
    (1) Rigging, ballasting, controlling pressure in the ballonets, and 
superheating; and
    (2) Landings with positive and with negative static balance.
    (j) In free balloons, in addition to the appropriate maneuvers and 
procedures in paragraph (d) of this section, the student pilot must have 
received pre-solo flight training in--
    (1) Operation of hot air or gas source, ballast, valves, and rip 
panels, as appropriate;
    (2) Emergency use of rip panel (may be simulated);
    (3) The effects of wind on climb and approach angles; and
    (4) Obstruction detection and avoidance techniques.
    (k) The instruction required by this section must be given by an 
authorized flight instructor who is certificated--
    (1) In the category and class of airplanes, for airplanes;
    (2) Except as provided in paragraph (k)(3) of this section, in 
helicopters or gyroplanes, as appropriate, for rotorcraft;
    (3) In airplanes or gyroplanes, for single-place gyroplanes; and
    (4) In gliders for gliders.
    (l) The holder of a commercial pilot certificate with a lighter-
than-air category rating may give the instruction required by this 
section in--
    (1) Airships, if that commercial pilot holds an airship class 
rating; and
    (2) Free balloons, if that commercial pilot holds a free balloon 
class rating.
    (m) Flight instructor endorsements. No student pilot may operate an 
aircraft in solo flight unless that student's pilot certificate and 
logbook have been endorsed for the specific make and model aircraft to 
be flown by an authorized flight instructor certificated under this 
part, and the student's logbook has been endorsed, within the 90 days 
prior to the student operating in solo flight, by an authorized flight 
instructor certificated under this part who has flown with the student. 
No flight instructor may authorize solo flight without endorsing the 
student's logbook. The instructor's endorsement must certify that the 
instructor--
    (1) Has given the student instruction in the make and model aircraft 
in which the solo flight is to be made;
    (2) Finds that the student has met the flight training requirements 
of this section; and
    (3) Finds that the student is competent to make a safe solo flight 
in that aircraft.
    (n) Notwithstanding the requirements of paragraphs (a) through (m) 
of this section, each student pilot, whose student pilot certificate and 
logbook are endorsed for solo flight by an authorized flight instructor 
on or before August 30, 1989, may operate an aircraft in solo flight 
until the 90th day after the date on which the logbook was endorsed for 
solo flight.


[Doc. No. 24695, 54 FR 13038, Mar. 29, 1989, as amended by Amdt. 61-86, 
54 FR 41236, Oct. 5, 1989]



Sec. 61.89   General limitations.

    (a) A student pilot may not act as pilot in command of an aircraft--
    (1) That is carrying a passenger;
    (2) That is carrying property for compensation or hire;
    (3) For compensation or hire;
    (4) In furtherance of a business;
    (5) On an international flight, except that a student pilot may make 
solo training flights from Haines, Gustavus, or Juneau, Alaska, to White 
Horse, Yukon, Canada, and return, over the province of British Columbia;
    (6) With a flight or surface visibility of less than 3 statute miles 
during daylight hours or 5 statute miles at night;
    (7) When the flight cannot be made with visual reference to the 
surface; or
    (8) In a manner contrary to any limitations placed in the pilot's 
logbook by the instructor.
    (b) A student pilot may not act as a required pilot flight 
crewmember on any aircraft for which more than one pilot is required by 
the type certificate

[[Page 45]]

of the aircraft or regulations under which the flight is conducted, 
except when receiving flight instruction from an authorized flight 
instructor on board an airship and no person other than a required 
flight crewmember is carried on the aircraft.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-82, 54 
FR 13039, Mar. 29, 1989]



Sec. 61.91   Aircraft limitations: Pilot in command.

    A student pilot may not serve as pilot in command of any airship 
requiring more than one flight crewmember unless he has met the 
pertinent requirements prescribed in Sec. 61.87.



Sec. 61.93  Cross-country flight requirements (for student and recreational pilots seeking private pilot certification).

    (a) General. No student pilot may operate an aircraft in solo cross-
country flight, nor may that student, except in an emergency, make a 
solo flight landing at any point other than the airport of takeoff, 
unless the student has met the requirements of this section. The term 
cross-country flight, as used in this section, means a flight beyond a 
radius of 25 nautical miles from the point of departure.
    (b) Notwithstanding paragraph (a) of this section, an authorized 
flight instructor, certificated under this part, may permit the student 
to practice solo takeoffs and landings at another airport within 25 
nautical miles from the airport at which the student receives 
instruction if the flight instructor--
    (1) Determines that the student pilot is competent and proficient to 
make those landings and takeoffs;
    (2) Has flown with that student prior to authorizing those takeoffs 
and landings; and
    (3) Endorses the student pilot's logbook with an authorization to 
make those landings and takeoffs.
    (c) Flight training. A student pilot, in addition to the pre-solo 
flight training maneuvers and procedures required by Sec. 61.87(c), must 
have received and logged instruction from an authorized flight 
instructor in the appropriate pilot maneuvers and procedures of this 
section. Additionally, a student pilot must have demonstrated an 
acceptable standard of performance, as judged by the authorized flight 
instructor certificated under this part, who endorses the student's 
pilot certificate in the appropriate pilot maneuvers and procedures of 
this section.
    (1) For all aircraft--
    (i) The use of aeronautical charts for VFR navigation using pilotage 
and dead reckoning with the aid of a magnetic compass;
    (ii) Aircraft cross-country performance, and procurement and 
analysis of aeronautical weather reports and forecasts, including 
recognition of critical weather situations and estimating visibility 
while in flight;
    (iii) Cross-country emergency conditions including lost procedures, 
adverse weather conditions, and simulated precautionary off-airport 
approaches and landing procedures;
    (iv) Traffic pattern procedures, including normal area arrival and 
departure, collision avoidance, and wake turbulence precautions;
    (v) Recognition of operational problems associated with the 
different terrain features in the geographical area in which the cross-
country flight is to be flown; and
    (vi) Proper operation of the instruments and equipment installed in 
the aircraft to be flown.
    (2) For airplanes, in addition to paragraph (c)(1) of this section--
    (i) Short and soft field takeoff, approach, and landing procedures, 
including crosswind takeoffs and landings;
    (ii) Takeoffs at best angle and rate of climb;
    (iii) Control and maneuvering solely by reference to flight 
instruments including straight and level flight, turns, descents, 
climbs, and the use of radio aids and radar directives;
    (iv) The use of radios for VFR navigation and for two-way 
communication; and
    (v) For those student pilots seeking night flying privileges, night 
flying procedures including takeoffs, landings, go-arounds, and VFR 
navigation.
    (3) For rotorcraft, in addition to paragraph (c)(1) of this section 
and as appropriate to the aircraft being flown--

[[Page 46]]

    (i) High altitude takeoff and landing procedures;
    (ii) Steep and shallow approaches to a landing hover;
    (iii) Rapid decelerations (helicopters only); and
    (iv) The use of radios for VFR navigation and two-way communication.
    (4) For gliders, in addition to the appropriate maneuvers and 
procedures in paragraph (c)(1) of this section--
    (i) Landings accomplished without the use of the altimeter from at 
least 2,000 feet above the surface;
    (ii) Recognition of weather conditions and conditions favorable for 
cross-country soaring; and
    (iii) The use of radios for two-way radio communications.
    (5) For airships, in addition to the appropriate maneuvers and 
procedures in paragraph (c)(1) of this section--
    (i) Control of gas pressure with regard to superheating and 
altitude; and
    (ii) Control of the airship solely by reference to flight 
instruments.
    (6) For free balloons, the appropriate maneuvers and procedures in 
paragraph (c)(1) of this section.
    (d) No student pilot may operate an aircraft in solo cross-country 
flight, unless--
    (1) The instructor is an authorized instructor certificated under 
this part and the student's certificate has been endorsed by the 
instructor attesting that the student has received the instruction and 
demonstrated an acceptable level of competency and proficiency in the 
maneuvers and procedures of this section for the category of aircraft to 
be flown; and
    (2) The instructor has endorsed the student's logbook--
    (i) For each solo cross-country flight, after reviewing the 
student's preflight planning and preparation, attesting that the student 
is prepared to make the flight safely under the known circumstances and 
subject to any conditions listed in the logbook by the instructor; and
    (ii) For repeated specific solo cross-country flights that are not 
greater than 50 nautical miles from the point of departure, after giving 
that student flight instruction in both directions over the route, 
including takeoffs and landings at the airports to be used, and has 
specified the conditions for which the flights can be made.

[Doc. No. 24695, 54 FR 13039, Mar. 29, 1989]



Sec. 61.95  Operations in a terminal control area and at airports located within a terminal control area.

    (a) A student pilot may not operate an aircraft on a solo flight in 
Class B airspace unless--
    (1) The pilot has received both ground and flight instruction from 
an authorized instructor on that Class B airspace area and the flight 
instruction was received in the specific Class B airspace area for which 
solo flight is authorized;
    (2) The logbook of that pilot has been endorsed within the preceding 
90 days for conducting solo flight in that Class B airspace area by the 
instructor who gave the flight training; and
    (3) The logbook endorsement specifies that the pilot has received 
the required ground and flight instruction and has been found competent 
to conduct solo flight in that specific Class B airspace area.
    (b) Pursuant to Sec. 91.131(b), a student pilot may not operate an 
aircraft on a solo flight to, from, or at an airport located within 
Class B airspace unless--
    (1) That student pilot has received both ground and flight 
instruction from an authorized instructor to operate at that airport and 
the flight and ground instruction has been received at the specific 
airport for which the solo flight is authorized;
    (2) The logbook of that student pilot has been endorsed within the 
preceding 90 days for conducting solo flight at that specific airport by 
the instructor who gave the flight training; and
    (3) The logbook endorsement specifies that the student pilot has 
received the required ground and flight instruction and has been found 
competent to conduct solo flight operations at that specific airport.

[Doc. No. 25304, 53 FR 40322, Oct. 14, 1988, as amended by Amdt. 61-92, 
56 FR 65653, Dec. 17, 1991]



Sec. 61.96  Eligibility requirements: Recreational pilots.

    To be eligible for a recreational pilot certificate, a person must--
    (a) Be at least 17 years of age;

[[Page 47]]

    (b) Be able to read, speak, and understand the English language, or 
have such operating limitations placed on the pilot certificate as are 
necessary for the safe operation of aircraft, to be removed when the 
recreational pilot shows the ability to read, speak, and understand the 
English language;
    (c) Hold at least a current third-class medical certificate issued 
under part 67 of this chapter;
    (d) Pass a written test on the subject areas on which instruction or 
home study is required by Sec. 61.97;
    (e) Pass an oral and flight test on maneuvers and procedures 
selected by an FAA inspector or designated pilot examiner to determine 
the applicant's competency in the appropriate flight operations listed 
in Sec. 61.98; and
    (f) Comply with the sections of this part that apply to the rating 
sought.

[Doc. No. 24695, 54 FR 13040, Mar. 29, 1989]



Sec. 61.97  Aeronautical knowledge.

    An applicant for a recreational pilot certificate must have logged 
ground instruction from an authorized instructor, or must present 
evidence showing satisfactory completion of a course of instruction or 
home study in at least the following areas of aeronautical knowledge 
appropriate to the category and class of aircraft for which a rating is 
sought:
    (a) The Federal Aviation Regulations applicable to recreational 
pilot privileges, limitations, and flight operations, the accident 
reporting requirements of the National Transportation Safety Board, and 
the use of the applicable portions of the ``Airman's Information 
Manual'' and the FAA advisory circulars;
    (b) The use of aeronautical charts for VFR navigation using piloting 
with the aid of a magnetic compass;
    (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 aircraft including collision 
and wake turbulence avoidance;
    (e) The effects of density altitude on takeoff and climb 
performance;
    (f) Weight and balance computations;
    (g) Principles of aerodynamics, powerplants, and aircraft systems; 
and
    (h) Stall awareness, spin entry, spins, and spin recovery 
techniques.


[Doc. No. 24695, 54 FR 13040, Mar. 29, 1989, as amended by Amdt. 61-490, 
56 FR 11325, Mar. 15, 1991]



Sec. 61.98  Flight proficiency.

    The applicant for a recreational pilot certificate must have logged 
instruction from an authorized flight instructor in at least the pilot 
operations listed in this section. In addition, the applicant's logbook 
must contain an endorsement by an authorized flight instructor who has 
found the applicant competent to perform each of those operations safely 
as a recreational pilot.
    (a) In airplanes. (1) Preflight operations, including weight and 
balance determination, line inspection, airplane servicing, powerplant 
operations, and aircraft systems;
    (2) Airport and traffic pattern operations, collision and wake 
turbulence avoidance;
    (3) Flight maneuvering by reference to ground objects;
    (4) Pilotage with the aid of magnetic compass;
    (5) Flight at slow airspeeds with realistic distractions and the 
recognition of and recovery from stalls entered from straight flight and 
from turns;
    (6) Emergency operations, including simulated aircraft and equipment 
malfunctions;
    (7) Maximum performance takeoffs and landings; and
    (8) Normal and crosswind takeoffs and landings.
    (b) In helicopters. (1) Preflight operations including weight and 
balance determination, line inspection, helicopter servicing, powerplant 
operations, and aircraft systems;
    (2) Airport and traffic pattern operations, collision and wake 
turbulence avoidance;
    (3) Hovering, air taxiing, and maneuvering by reference to ground 
objects;
    (4) Pilotage with the aid of magnetic compass;
    (5) High altitude takeoffs and roll-on landings, and rapid 
decelerations; and
    (6) Emergency operations, including auto-rotative descents.

[[Page 48]]

    (c) In gyroplanes. (1) Preflight operations including weight and 
balance determination, line inspection, gyroplane servicing, powerplant 
operations, and aircraft systems;
    (2) Airport and traffic pattern operations, collision and wake 
turbulence avoidance;
    (3) Flight maneuvering by reference to ground objects;
    (4) Pilotage with the aid of a magnetic compass;
    (5) Maneuvering at critically slow air speeds, and the recognition 
of and recovery from high rates of descent at low airspeeds; and
    (6) Emergency procedures, including maximum performance takeoffs and 
landings.

[Doc. No. 24695, 54 FR 13040, Mar. 29, 1989, as amended at Amdt. 61-490, 
56 FR 11325, Mar. 15, 1991]



Sec. 61.99  Airplane rating: Aeronautical experience.

    (a) An applicant for a recreational pilot certificate with an 
airplane rating must have had at least a total of 30 hours of flight 
instruction and solo flight time which must include the following:
    (1) Fifteen hours of flight instruction from an authorized flight 
instructor, including at least--
    (i) Except as provided for in paragraph (b), 2 hours outside of the 
vicinity of the airport at which instruction is given, including at 
least three landings at another airport that is located more than 25 
nautical miles from the airport of departure; and
    (ii) Two hours in airplanes in preparation for the recreational 
pilot flight test within the 60-day period before the test.
    (2) Fifteen hours of solo flight time in airplanes.
    (b) Pilots based on small islands.
    (1) An applicant who is located on an island from which the flight 
required in Sec. 61.99(a)(1)(i) cannot be accomplished without flying 
over water more than 10 nautical miles from the nearest shoreline need 
not comply with Sec. 61.99(a)(1)(i). 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 applicant must show completion of a dual flight between 
those two airports which must include three landings at the other 
airport.
    (2) The pilot certificate issued to a person under paragraph (b)(1) 
of this section contains an endorsement with the following limitation 
which may subsequently be amended to include another island if the 
applicant complies with paragraph (b)(1) of this section with respect to 
that island:

    Passenger carrying prohibited in flights more than 10 nautical 
milies from (appropriate island).

    (3) The holder of a recreational pilot certificate with an 
endorsement described in paragraph (b)(2) of this section is entitled to 
removal of the endorsement if the holder presents satisfactory evidence 
of compliance with the applicable flight requirements of Sec. 61.93(c) 
to an FAA inspector or designated pilot examiner.

[Doc. No. 24695, 54 FR 13041, Mar. 29, 1989]



Sec. 61.100  Rotorcraft rating: Aeronautical experience.

    An applicant for a recreational pilot certificate with a rotorcraft 
category rating must have a least the following aeronautical experience:
    (a) For a helicopter rating, an applicant must have a minimum of 30 
hours of flight instruction and solo flight time in aircraft, which must 
include the following:
    (1) Fifteen hours of flight instruction from an authorized flight 
instructor including at least--
    (i) Two hours of flight instruction in helicopters from an 
authorized flight instructor outside the vicinity of the airport at 
which instruction is given, including at least three landings at another 
airport that is located more than 25 nautical miles from the airport of 
departure; and
    (ii) Two hours of flight instruction in preparation for the flight 
test within the 60-day period preceding the test.
    (2) Fifteen hours of solo time in helicopters including--
    (i) A takeoff and landing at an airport that serves both airplanes 
and helicopters; and
    (ii) A flight with a landing at a point other than an airport.

[[Page 49]]

    (b) For a gyroplane rating, an applicant must have a minimum of 30 
hours of flight instruction and solo flight time in aircraft, which must 
include the following:
    (1) Fifteen hours of flight instruction from an authorized flight 
instructor including at least--
    (i) Two hours of flight instruction in gyroplanes from an authorized 
flight instructor outside the vicinity of the airport at which 
instruction is given, including at least three landings at another 
airport that is located more than 25 nautical miles from the airport of 
departure; and
    (ii) Two hours of flight instruction in preparation for the flight 
test within the 60-day period preceding the test.
    (2) Ten hours of solo flight time in a gyroplane, including flights 
with takeoffs and landings at paved and unpaved airports.

[Doc. No. 24695, 54 FR 13041, Mar. 29, 1989]



Sec. 61.101  Recreational pilot privileges and limitations.

    (a) A recreational pilot may--
    (1) Carry not more than one passenger; and
    (2) Share the operating expenses of the flight with the passenger.
    (3) Act as pilot-in-command of an aircraft only when--
    (i) The flight is within 50 nautical miles of an airport at which 
the pilot has received ground and flight instruction from an authorized 
instructor certificated under this part;
    (ii) The flight lands at an airport within 50 nautical miles of the 
departure airport; and
    (iii) The pilot carries, in that pilot's personal possession, a 
logbook that has been endorsed by the instructor attesting to the 
instruction required by paragraph (a)(3)(i) of this section.
    (b) Except as provided in paragraphs (f) and (g) of this section, a 
recreational pilot may not act as pilot-in-command of an aircraft--
    (1) That is certificated--
    (i) For more than four occupants;
    (ii) With more than one powerplant;
    (iii) With a powerplant of more than 180 horsepower; or
    (iv) With retractable landing gear.
    (2) That is classified as a glider, airship, or balloon;
    (3) That is carrying a passenger or property for compensation or 
hire;
    (4) For compensation or hire;
    (5) In furtherance of a business;
    (6) Between sunset and sunrise;
    (7) In airspace in which communication with air traffic control is 
required;
    (8) At an altitude of more than 10,000 feet MSL or 2,000 feet AGL, 
whichever is higher;
    (9) When the flight or surface visibility is less than 3 statute 
miles;
    (10) Without visual reference to the surface;
    (11) On a flight outside the United States;
    (12) To demonstrate that aircraft in flight to a prospective buyer;
    (13) That is used in a passenger-carrying airlift and sponsored by a 
charitable organization; and
    (14) That is towing any object.
    (c) A recreational pilot may not act as a required pilot flight 
crewmember on any aircraft for which more than one pilot is required by 
the type certificate of the aircraft or the regulations under which the 
flight is conducted, except when receiving flight instruction from an 
authorized flight instructor on board an airship and no person other 
than a required flight crewmember is carried on the aircraft.
    (d) A recreational pilot who has logged fewer than 400 flight hours 
and who has not logged pilot-in-command time in an aircraft within the 
preceding 180 days may not act as pilot-in-command of an aircraft until 
the pilot has received flight instruction from an authorized flight 
instructor who certifies in the pilot's logbook that the pilot is 
competent to act as pilot-in-command of the aircraft. This requirement 
can be met in combination with the requirements of Secs. 61.56 and 61.57 
at the discretion of the instructor.
    (e) The recreational pilot certificate issued under this subpart 
carries the notation ``Holder does not meet ICAO requirements.''
    (f) For the purpose of obtaining additional certificates or ratings, 
while under the supervision of an authorized flight instructor, a 
recreational pilot may fly as sole occupant of an aircraft--

[[Page 50]]

    (1) For which the pilot does not hold an appropriate category or 
class rating;
    (2) Within airspace that requires communication with air traffic 
control; or
    (3) Between sunset and sunrise, provided the flight or surface 
visibility is at least 5 statute miles.
    (g) In order to fly solo as provided in paragraph (f) of this 
section, the recreational pilot must meet the appropriate aeronautical 
knowledge and flight training requirements of Sec. 61.87 for that 
aircraft. When operating an aircraft under the conditions specified in 
paragraph (f) of this section, the recreational pilot shall carry the 
logbook that has been endorsed for each flight by an authorized pilot 
instructor who--
    (1) Has given the recreational pilot instruction in the make and 
model of aircraft in which the solo flight is to be made;
    (2) Has found that the recreational pilot has met the applicable 
requirements of Sec. 61.87; and
    (3) Has found that the recreational pilot is competent to make solo 
flights in accordance with the logbook endorsement.
    (h) Notwithstanding paragraph 61.101(a)(3), a recreational pilot 
may, for the purpose of obtaining an additional certificate or rating, 
while under the supervision of an authorized flight instructor, act as 
pilot-in-command of an aircraft on a flight in excess of 50 nautical 
miles from an airport at which flight instruction is received if the 
pilot meets the flight training requirements of Sec. 61.93 and in that 
pilot's personal possession is the logbook that has been endorsed by an 
authorized instructor attesting that:
    (1) The recreational pilot has received instruction in solo cross-
country flight and the training described in Sec. 61.93 applicable to 
the aircraft to be operated, and is competent to make solo cross-country 
flights in the make and model of aircraft to be flown; and
    (2) The instructor has reviewed the student's preflight planning and 
preparation for the specific solo cross-country flight and that the 
recreational pilot is prepared to make the flight safely under the known 
circumstances and subject to any conditions listed in the logbook by the 
instructor.

[Doc. No. 24695, 54 FR 13041, Mar. 29, 1989]



                        Subpart D--Private Pilots



Sec. 61.102   Applicability.

    This subpart prescribes the requirements for the issuance of private 
pilot certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the general operating rules 
for the holders of those certificates and ratings.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973. Redesignated by Amdt. 61-82, 
54 FR 13041, Mar. 29, 1989]



Sec. 61.103   Eligibility requirements: General.

    To be eligible for a private pilot certificate, a person must--
    (a) Be at least 17 years of age, except that a private pilot 
certificate with a free balloon or a glider rating only may be issued to 
a qualified applicant who is at least 16 years of age;
    (b) Be able to read, speak, and understand the English language, or 
have such operating limitations placed on his pilot certificate as are 
necessary for the safe operation of aircraft, to be removed when he 
shows that he can read, speak, and understand the English language;
    (c) Hold at least a current third-class medical certificate issued 
under part 67 of this chapter, or, in the case of a glider or free 
balloon rating, certify that he has no known medical defect that makes 
him unable to pilot a glider or free balloon, as appropriate;
    (d) Pass a written test on the subject areas on which instruction or 
home study is required by Sec. 61.105;
    (e) Pass an oral and flight test on procedures and maneuvers 
selected by an FAA inspector or examiner to determine the applicant's 
competency in the flight operations on which instruction is required by 
the flight proficiency provisions of Sec. 61.107; and
    (f) Comply with the sections of this part that apply to the rating 
he seeks.

[[Page 51]]



Sec. 61.105   Aeronautical knowledge.

    An applicant for a private pilot certificate must have logged ground 
instruction from an authorized instructor, or must present evidence 
showing that he has satisfactorily completed a course of instruction or 
home study in at least the following areas of aeronautical knowledge 
appropriate to the category of aircraft for which a rating is sought.
    (a) Airplanes and rotorcraft. (1) The accident reporting 
requirements of the National Transportation Safety Board and the Federal 
Aviation Regulations applicable to private pilot privileges, 
limitations, and flight operations for airplanes or rotorcraft, as 
appropriate, the use of the ``Airman's Information Manual,'' and FAA 
advisory circulars;
    (2) VFR navigation using pilotage, dead reckoning, and radio aids;
    (3) The recognition of critical weather situations from the ground 
and in flight, the procurement and use of aeronautical weather reports 
and forecasts;
    (4) The safe and efficient operation of airplanes or rotorcraft, as 
appropriate, including high-density airport operations, collision 
avoidance precautions, and radio communication procedures;
    (5) Basic aerodynamics and the principles of flight which apply to 
airplanes or rotorcraft, as appropriate; and
    (6) Stall awareness, spin entry, spins, and spin recovery techniques 
for airplanes.
    (b) Gliders. (1) The accident reporting requirements of the National 
Transportation Safety Board and the Federal Aviation Regulations 
applicable to glider pilot privileges, limitations, and flight 
operations;
    (2) Glider navigation, including the use of aeronautical charts and 
the magnetic compass;
    (3) Recognition of weather situations of concern to the glider 
pilot, and the procurement and use of aeronautical weather reports and 
forecasts;
    (4) The safe and efficient operation of gliders, including ground 
and/or aero tow procedures as appropriate, signals, and safety 
precautions; and
    (5) Stall awareness, spin entry, spins, and spin recovery techniques 
for gliders.
    (c) Airships. (1) The Federal Aviation Regulations applicable to 
private lighter-than-air pilot privileges, limitations, and airship 
flight operations;
    (2) Airship navigation, including pilotage, dead reckoning, and the 
use of radio aids;
    (3) The recognition of weather conditions of concern to the airship 
pilot, and the procurement and use of aeronautical weather reports and 
forecasts; and
    (4) Airship operations, including free ballooning, the effects of 
superheating, and positive and negative lift.
    (d) Free balloons. (1) The Federal Aviation Regulations applicable 
to private free balloon pilot privileges, limitations, and flight 
operations;
    (2) The use of aeronautical charts and the magnetic compass for free 
balloon navigation;
    (3) The recognition of weather conditions of concern to the free 
balloon pilot, and the procurement and use of aeronautical weather 
reports and forecasts appropriate to free balloon operations; and
    (4) Operating principles and procedures of free balloons, including 
gas and hot air inflation systems.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40703, Nov. 7, 1986; Amdt. 61-490, 56 FR 11325, Mar. 15, 1991]



Sec. 61.107   Flight proficiency.

    The applicant for a private pilot certificate must have logged 
instruction from an authorized flight instructor in at least the 
following pilot operations. In addition, his logbook must contain an 
endorsement by an authorized flight instructor who has found him 
competent to perform each of those operations safely as a private pilot.
    (a) In airplanes. (1) Preflight operations, including weight and 
balance determination, line inspection, 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, and the 
recognition

[[Page 52]]

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 descents and climbs using radio aids or radar 
directives;
    (7) Cross-country flying, using pilotage, dead reckoning, and radio 
aids, including one 2-hour flight;
    (8) Maximum performance takeoffs and landings;
    (9) Night flying, including takeoffs, landings, and VFR navigation; 
and
    (10) Emergency operations, including simulated aircraft and 
equipment malfunctions.
    (b) In helicopters. (1) Preflight operations, including the line 
inspection and servicing of helicopters;
    (2) Hovering, air taxiing, and maneuvering by ground references;
    (3) Airport and traffic pattern operations, including collision 
avoidance precautions;
    (4) Cross-country flying, using pilotage, dead reckoning, and radio 
aids, including one 1-hour flight;
    (5) Operations in confined areas and on pinnacles, rapid 
decelerations, landings on slopes, high-altitude takeoffs, and run-on 
landings;
    (6) Night flying, including takeoffs, landings, and VFR navigation; 
and
    (7) Simulated emergency procedures, including aircraft and equipment 
malfunctions, approaches to a hover or landing with an engine 
inoperative in a multiengine helicopter, or autorotational descents with 
a power recovery to a hover in single-engine helicopters.
    (c) In gyroplanes. (1) Preflight operations, including the line 
inspection and servicing of gyroplanes;
    (2) Flight maneuvering by ground references;
    (3) Maneuvering at critically slow airspeeds, and the recognition of 
and recovery from high rates of descent at low airspeeds;
    (4) Airport and traffic pattern operations, including collision 
avoidance precautions and radio communication procedures;
    (5) Cross-country flying by pilotage, dead reckoning, and the use of 
radio aids; and
    (6) Emergency procedures, including maximum performance takeoffs and 
landings.
    (d) In gliders. (1) Preflight operations, including the installation 
of wings and tail surfaces specifically designed for quick removal and 
installation by pilots, and line inspection;
    (2) Ground (auto or winch) tow or aero tow (the applicant's 
certificate is limited to the kind of tow selected);
    (3) Precision maneuvering, including steep turns and spirals in both 
directions;
    (4) The correct use of critical sailplane performance speeds;
    (5) Flight at slow airspeeds with realistic distractions, and the 
recognition of and recovery from stalls entered from straight flight and 
from turns; and
    (6) Accuracy approaches and landings with the nose of the glider 
stopping short of and within 200 feet of a line or mark.
    (e) In airships. (1) Ground handling, mooring, rigging, and 
preflight operations;
    (2) Takeoffs and landing with static lift, and with negative and 
positive lift, and the use of two-way radio;
    (3) Straight and level flight, climbs, turns, and descents;
    (4) Precision flight maneuvering;
    (5) Navigation, using pilotage, dead reckoning, and radio aids; and
    (6) Simulated emergencies, including equipment malfunction, the 
valving of gas, and the loss of power on one engine.
    (f) In free balloons. (1) Rigging and tethering, including the 
installation of baskets and burners specifically designed for quick 
removal or installation by a pilot and the interchange of baskets or 
burners, when provided for in the type certificate data, classified as 
preventive maintenance, and subject to the recording requirements of 
Sec. 43.9 of this chapter;
    (2) Operation of burner, if airborne heater used;
    (3) Ascents and descents;
    (4) Landing; and

[[Page 53]]

    (5) Emergencies, including the use of the ripcord (may be 
simulated).

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40704, Nov. 7, 1986; Amdt. 61-79, 52 FR 17277, May 6, 1987; Amdt. 61-
490, 56 FR 11325, Mar. 15, 1991]



Sec. 61.109  Airplane rating: Aeronautical experience.

    (a) Except as provided in paragraph (h) of this section, an 
applicant for a private pilot certificate with an airplane category 
rating must have at least the following aeronautical experience:
    (1) At least 20 hours of flight instruction from an authorized 
instructor, including at least--
    (i) 3 hours of cross-country flight.
    (ii) 3 hours of flight at night, including ten takeoffs and ten 
landings for applicants seeking night flying privileges.
    (iii) 3 hours in airplanes in preparation for the private pilot 
practical test within 60 calendar days prior to that test.
    (2) At least 20 hours of solo flight time, including at least-
    (i) 10 hours of flight in airplanes;
    (ii) 10 hours of cross-country flight; and
    (iii) Three solo takeoffs and landings to a full stop at an airport 
with an operating control tower.
    (b) Each flight required by paragraph (a)(2)(ii) of this section 
must include--
    (1) A landing at a point more than 50 nautical miles from the 
original departure point; and
    (2) One flight 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.
    (c) An applicant who does not meet the night flying requirement of 
paragraph (a)(1)(ii) of this section may be issued a private pilot 
certificate bearing the limitation ``night flying prohibited.'' The 
limitation may be removed if the holder of the certificate shows that he 
or she has met the requirements of paragraph (a)(1)(ii) of this section.
    (d) Except as provided in paragraph (e) of this section, a maximum 
of 2.5 hours of instruction in a flight simulator or flight training 
device representing an airplane from an authorized instructor may be 
credited toward the total hours required by paragraph (a) of this 
section.
    (e) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing an airplane may be credited toward 
the total hours required by paragraph (a) of this section if the 
instruction is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (f)-(g) [Reserved]
    (h) Except where fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with an airplane rating who 
has satisfactorily completed an approved private pilot course conducted 
by a training center certificated under part 142 of this chapter need 
have only a total of at least 35 hours of pilot flight time in aircraft, 
flight simulators, or flight training devices.

[Doc. No. 26933, 61 FR 34554, July 2, 1996]



Sec. 61.111   Cross-country flights: Pilots based on small islands.

    (a) An applicant who shows that he is located on an island from 
which the required flights cannot be accomplished without flying over 
water more than 10 nautical miles from the nearest shoreline need not 
comply with paragraph (b)(2) of Sec. 61.109. 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, he must show that he has completed two round trip solo 
flights between those two airports that are farthest apart, including a 
landing at each airport on both flights.
    (b) The pilot certificate issued to a person under paragraph (a) of 
this section contains an endorsement with the following limitation which 
may be subsequently amended to include another island if the applicant 
complies with paragraph (a) of this section with respect to that island:

    Passenger carrying prohibited on flights more than 10 nautical miles 
from (appropriate island).

    (c) If an applicant for a private pilot certificate under paragraph 
(a) of this

[[Page 54]]

section does not have at least 3 hours of solo cross-country flight 
time, including a round trip flight to an airport at least 50 nautical 
miles from the place of departure with at least two full stop landings 
at different points along the route, his pilot certificate is also 
endorsed as follows:

    Holder does not meet the cross-country flight requirements of ICAO.

    (d) The holder of a private pilot certificate with an endorsement 
described in paragraph (b) or (c) of this section, is entitled to a 
removal of the endorsement, if he presents satisfactory evidence to an 
FAA inspector or designated pilot examiner that he has complied with the 
applicable solo cross-country flight requirements and has passed a 
practical test on cross-country flying.



Sec. 61.113  Rotorcraft rating: Aeronautical experience.

    (a) Except as provided in paragraph (g) of this section, an 
applicant for a private pilot certificate with a rotorcraft category 
rating must have at least the following aeronautical experience:
    (1) For a helicopter class rating, 40 hours of flight instruction 
and solo flight time including at least--
    (i) 20 hours of flight instruction from an authorized flight 
instructor, 15 hours of which must be in a helicopter, including--
    (A) 3 hours of cross-country flying in helicopters; and
    (B) 3 hours of night flying in helicopters, including 10 takeoffs 
and 10 landings, each of which must be separated by an en-route phase of 
flight;
    (ii) 3 hours in helicopters in preparation for the private pilot 
practical test within 60 calendar days before that test;
    (iii) A flight in a helicopter with a landing at a point other than 
an airport; and
    (2) 20 hours of solo flight time, 15 hours of which must be in a 
helicopter, including at least--
    (i) 3 hours of cross-country flying in helicopters, including one 
flight with a landing at three or more points, each of which must be 
more than 25 nautical miles from each of the other landing points; and
    (ii) Three takeoffs and three landings in helicopters at airports or 
heliports with operating control towers, each separated by an en-route 
phase of flight.
    (b) Except as provided in paragraph (c) of this section, a maximum 
of 2.5 hours of instruction in a flight simulator or flight training 
device representing a helicopter from an authorized instructor may be 
credited toward the total hour requirement of paragraph (a) of this 
section.
    (c) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing a helicopter may be credited toward 
the total hours required by paragraph (a) of this section if the 
instruction is accomplished in a course conducted by a training center 
certificated under part 142 of this chapter.
    (d) The applicant for a gyroplane class rating must have a total of 
at least--
    (1) 20 hours of flight instruction from an authorized flight 
instructor, 15 hours of which must be in a gyroplane, including at least 
the following--
    (i) 3 hours of cross-country flying in gyroplanes;
    (ii) 3 hours of night flying in gyroplanes, including ten takeoffs 
and ten landings; and
    (iii) 3 hours in gyroplanes in preparation for the private pilot 
flight test within 60 calendar days before that test.
    (2) 20 hours of solo flight time, 10 hours of which must be in a 
gyroplane, including--
    (i) 3 hours of cross-country flying in gyroplanes, including one 
flight with a landing at three or more points, each of which must be 
more than 25 nautical miles from each of the other two points; and
    (ii) Three takeoffs and three landings in gyroplanes at an airport 
with an operating control tower.
    (3) Except as provided in paragraph (d)(4) of this section, a 
maximum of 2.5 hours of instruction in a flight simulator or flight 
training device representing a gyroplane may be credited toward the 
total hours required by paragraph (d)(1) of this section.

[[Page 55]]

    (4) A maximum of 5 hours of instruction in a flight simulator or 
flight training device representing a gyroplane may be credited toward 
the total hours required by paragraph (d)(1) of this section if the 
instruction is accomplished in an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (e) An applicant who does not meet the night flying requirements of 
paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of this section will be 
issued a private pilot certificate bearing the limitation ``night flying 
prohibited.''
    (f) The limitation required by paragraph (e) of this section may be 
removed if the holder of the certificate demonstrates compliance with 
the requirements of paragraph (a)(1)(i)(B) or paragraph (d)(1)(ii) of 
this section, as applicable.
    (g) Except where fewer hours are approved by the Administrator, an 
applicant for a private pilot certificate with a rotorcraft category 
rating who has satisfactorily completed an approved private pilot course 
conducted by a training center certificated under part 142 of this 
chapter need have only a total of at least 35 hours of pilot flight time 
in aircraft, flight simulators, or flight training devices.

[Doc. No. 26933, 61 FR 34555, July 2, 1996]



Sec. 61.115   Glider rating: Aeronautical experience.

    An applicant for a private pilot certificate with a glider rating 
must have logged at least one of the following:
    (a) Seventy solo glider flights, including 20 flights during which 
360 deg. turns were made.
    (b) Seven hours of solo flight in gliders, including 35 glider 
flights launched by ground tows, or 20 glider flights launched by aero 
tows.
    (c) Forty hours of flight time in gliders and single-engine 
airplanes, including 10 solo glider flights during which 360 deg. turns 
were made.



Sec. 61.117   Lighter-than-air rating: Aeronautical experience.

    An applicant for a private pilot certificate with a lighter-than-air 
category rating must have at least the aeronautical experience 
prescribed in paragraph (a) or (b) of this section, appropriate to the 
rating sought.
    (a) Airships. A total of 50 hours of flight time as pilot with at 
least 25 hours in airships, which must include 5 hours of solo flight 
time in airships, or time performing the functions of pilot in command 
of an airship for which more than one pilot is required.
    (b) Free balloons. (1) If a gas balloon or a hot air balloon with an 
airborne heater is used, a total of 10 hours in free balloons with at 
least six flights under the supervision of a person holding a commercial 
pilot certificate with a free balloon rating. These flights must 
include--
    (i) Two flights, each of at least 1 hour's duration, if a gas 
balloon is used, or of 30 minutes' duration, if a hot air balloon with 
an airborne heater is used;
    (ii) 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 with an airborne heater is used; and
    (iii) One solo flight in a free balloon.
    (2) If a hot air balloon without an airborne heater is used, six 
flights in a free balloon under the supervision of a commercial balloon 
pilot, including at least one solo flight.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-60, 38 
FR 9292, Apr. 13, 1973]



Sec. 61.118   Private pilot privileges and limitations: Pilot in command.

    Except as provided in paragraphs (a) through (d) of this section, a 
private pilot may not act as pilot in command of an aircraft that is 
carrying passengers or property for compensation or hire; nor may he, 
for compensation or hire, act as pilot in command of an aircraft.
    (a) A private pilot may, for compensation or hire, act as pilot in 
command of an aircraft in connection with any business or employment if 
the flight is only incidental to that business or employment and the 
aircraft does not carry passengers or property for compensation or hire.
    (b) A private pilot may share the operating expenses of a flight 
with his passengers.

[[Page 56]]

    (c) A private pilot who is an aircraft salesman and who has at least 
200 hours of logged flight time may demonstrate an aircraft in flight to 
a prospective buyer.
    (d) A private pilot may act as pilot in command of an aircraft used 
in a passenger-carrying airlift sponsored by a charitable organization, 
and for which the passengers make a donation to the organization, if--
    (1) The sponsor of the airlift notifies the FAA Flight Standards 
District Office having jurisdiction over the area concerned, at least 7 
days before the flight, and furnishes any essential information that the 
office requests;
    (2) The flight is conducted from a public airport adequate for the 
aircraft used, or from another airport that has been approved for the 
operation by an FAA inspector;
    (3) He has logged at least 200 hours of flight time;
    (4) No acrobatic or formation flights are conducted;
    (5) Each aircraft used is certificated in the standard category and 
complies with the 100-hour inspection requirement of Sec. 91.409 of this 
chapter; and
    (6) The flight is made under VFR during the day.

For the purpose of paragraph (d) of this section, a ``charitable 
organization'' means an organization listed in Publication No. 78 of the 
Department of the Treasury called the ``Cumulative List of Organizations 
described in section 170(c) of the Internal Revenue Code of 1954,'' as 
amended from time to time by published supplemental lists.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-84, 54 
FR 34330, Aug. 18, 1989; Amdt. 61-85, 54 FR 39291, Sept. 25, 1989]



Sec. 61.119   Free balloon rating: Limitations.

    (a) If the applicant for a free balloon rating takes his flight test 
in a hot air balloon with an airborne heater, his pilot certificate 
contains an endorsement restricting the exercise of the privilege of 
that rating to hot air balloons with airborne heaters. The restriction 
may be deleted when the holder of the certificate obtains the pilot 
experience required for a rating on a gas balloon.
    (b) If the applicant for a free balloon rating takes his flight test 
in a hot air balloon without an airborne heater, his pilot certificate 
contains an endorsement restricting the exercise of the privileges of 
that rating to hot air balloons without airborne heaters. The 
restriction may be deleted when the holder of the certificate obtains 
the pilot experience and passes the tests required for a rating on a 
free balloon with an airborne heater or a gas balloon.



Sec. 61.120   Private pilot privileges and limitations: Second in command of aircraft requiring more than one required pilot.

    Except as provided in paragraphs (a) through (d) of Sec. 61.118 a 
private pilot may not, for compensation or hire, act as second in 
command of an aircraft that is type certificated for more than one 
required pilot, nor may he act as second in command of such an aircraft 
that is carrying passengers or property for compensation or hire.



                      Subpart E--Commercial Pilots



Sec. 61.121   Applicability.

    This subpart prescribes the requirements for the issuance of 
commercial pilot certificates and ratings, the conditions under which 
those certificates and ratings are necessary, and the limitations upon 
those certificates and ratings.



Sec. 61.123   Eligibility requirements: General.

    To be eligible for a commercial pilot certificate, a person must--
    (a) Be at least 18 years of age;
    (b) Be able to read, speak, and understand the English language, or 
have such operating limitations placed on his pilot certificate as are 
necessary for safety, to be removed when he shows that he can read, 
speak, and understand the English language;
    (c) Hold at least a valid second-class medical certificate issued 
under part 67 of this chapter, or, in the case of a glider or free 
balloon rating, certify that he has no known medical deficiency that 
makes him unable to pilot a glider or a free balloon, as appropriate;

[[Page 57]]

    (d) Pass a written examination appropriate to the aircraft rating 
sought on the subjects in which ground instruction is required by 
Sec. 61.125;
    (e) Pass an oral and flight test appropriate to the rating he seeks, 
covering items selected by the inspector or examiner from those on which 
training is required by Sec. 61.127; and
    (f) Comply with the provisions of this subpart which apply to the 
rating he seeks.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976]



Sec. 61.125   Aeronautical knowledge.

    An applicant for a commercial pilot certificate must have logged 
ground instruction from an authorized instructor, or must present 
evidence showing that he has satisfactorily completed a course of 
instruction or home study, in at least the following areas of 
aeronautical knowledge appropriate to the category of aircraft for which 
a rating is sought.
    (a) Airplanes. (1) The regulations of this chapter governing the 
operations, privileges, and limitations of a commercial pilot, and the 
accident reporting requirements of the National Transportation Safety 
Board:
    (2) Basic aerodynamics and the principles of flight which apply to 
airplanes;
    (3) Airplane operations, including the use of flaps, retractable 
landing gears, controllable propellers, high altitude operation with and 
without pressurization, loading and balance computations, and the 
significance and use of airplane performance speeds; and
    (4) Stall awareness, spin entry, spins, and spin recovery techniques 
for airplanes.
    (b) Rotorcraft. (1) The regulations of this chapter which apply to 
the operations, privileges, and limitations of a commercial rotorcraft 
pilot, and the accident reporting requirements of the National 
Transportation Safety Board;
    (2) Meteorology, including the characteristics of air masses and 
fronts, elements of weather forecasting, and the procurement and use of 
aeronautical weather reports and forecasts;
    (3) The use of aeronautical charts and the magnetic compass for 
pilotage and dead reckoning, and the use of radio aids for VFR 
navigation;
    (4) The safe and efficient operation of helicopters or gyroplanes, 
as appropriate to the rating sought; and
    (5) Basic aerodynamics and principles of flight which apply to 
rotorcraft and the significance and use of performance charts.
    (c) Gliders. (1) The regulations of this chapter pertinent to 
commercial glider pilot operations, privileges, and limitations, and the 
accident reporting requirements of the National Transportation Safety 
Board;
    (2) Glider navigation, including the use of aeronautical charts and 
the magnetic compass, and radio orientation;
    (3) The recognition of weather situations of concern to the glider 
pilot from the ground and in flight, and the procurement and use of 
aeronautical weather reports and forecasts;
    (4) The safe and efficient operation of gliders, including ground 
and/or aero tow procedures as appropriate, signals, critical glider 
performance speeds, and safety precautions; and
    (5) Stall awareness, spin entry, spins, and spin recovery techniques 
for gliders.
    (d) Airships. (1) The regulations of this chapter pertinent to 
airship operations, VFR and IFR, including the privileges and 
limitations of a commercial airship pilot;
    (2) Airship navigation, including pilotage, dead reckoning, and the 
use of radio aids for VFR and IFR navigation, and IFR approaches;
    (3) The use and limitations of the required flight instruments;
    (4) ATC procedures for VFR and IFR operations, and the use of IFR 
charts and approach plates;
    (5) Meteorology, including the characteristics of air masses and 
fronts, and the procurement and use of aeronautical weather reports and 
forecasts;
    (6) Airship ground and flight instruction procedures; and
    (7) Airship operating procedures and emergency operations, including 
free ballooning procedures.
    (e) Free balloons. (1) The regulations of this chapter pertinent to 
commercial free balloon piloting privileges, limitations, and flight 
operations;

[[Page 58]]

    (2) The use of aeronautical charts and the magnetic compass for free 
balloon navigation;
    (3) The recognition of weather conditions significant to free 
balloon flight operations, and the procurement and use of aeronautical 
weather reports and forecasts appropriate to free ballooning;
    (4) Free balloon flight and ground instruction procedures; and
    (5) Operating principles and procedures for free balloons, including 
emergency procedures such as crowd control and protection, high wind and 
water landings, and operations in proximity to buildings and power 
lines.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40704, Nov. 7, 1986; Amdt. 61-490, 56 FR 11325, Mar. 15, 1991]



Sec. 61.127   Flight proficiency.

    The applicant for a commercial pilot certificate must have logged 
instruction from an authorized flight instructor in at least the 
following pilot operations. In addition, his logbook must contain an 
endorsement by an authorized flight instructor who has given him the 
instruction certifying that he has found the applicant prepared to 
perform each of those operations competently as a commercial pilot.
    (a) Airplanes. (1) Preflight duties, including load and balance 
determination, line inspection, and aircraft servicing;
    (2) Flight at slow airspeeds with realistic distractions, and the 
recognition of and recovery from stalls entered from straight flight and 
from turns;
    (3) Normal and crosswind takeoffs and landings, using precision 
approaches, flaps, power as appropriate, and specified approach speeds;
    (4) Maximum performance takeoffs and landings, climbs, and descents;
    (5) Operation of an airplane equipped with a retractable landing 
gear, flaps, and controllable propeller(s), including normal and 
emergency operations; and
    (6) Emergency procedures, such as coping with power loss or 
equipment malfunctions, fire in flight, collision avoidance precautions, 
and engine-out procedures if a multiengine airplane is used.
    (b) Helicopters. (1) Preflight duties, including line inspection and 
helicopter servicing;
    (2) Straight and level flight, climbs, turns, and descents;
    (3) Air taxiing, hovering, and maneuvering by ground references;
    (4) Normal and crosswind takeoffs and landings;
    (5) Recognition of and recovery from imminent flight at critical/
rapid descent with power (settling with power);
    (6) Airport and traffic pattern operations, including collision 
avoidance precautions and radio communications;
    (7) Cross-country flight operations;
    (8) Operations in confined areas and on pinnacles, rapid 
decelerations, landing on slopes, high-altitude takeoffs, and run-on 
landings; and
    (9) Simulated emergency procedures, including failure of an engine 
or other component or system, and approaches to a hover or landing with 
one engine inoperative in multiengine helicopters, or autorotational 
descents with a power recovery to a hover in single-engine helicopters.
    (c) Gyroplanes. (1) Preflight operations, including line inspection 
and gyroplane servicing;
    (2) Straight and level flight, turns, climbs, and descents;
    (3) Flight maneuvering by ground references;
    (4) Maneuvering at critically slow airspeeds, and the recognition of 
and recovery from high rates of descent at slow airspeeds;
    (5) Normal and crosswind takeoffs and landings;
    (6) Airport and traffic pattern operations, including collision 
avoidance precautions and radio communications;
    (7) Cross-country flight operations; and
    (8) Emergency procedures, such as power failures, equipment 
malfunctions, maximum performance takeoffs and landings and simulated 
liftoffs at low airspeed and high angles of attack.
    (d) Gliders. (1) Preflight duties, including glider assembly and 
preflight inspection;
    (2) Glider launches by ground (auto or winch) or by aero tows (the 
applicant's certificate is limited to the kind of tow selected);

[[Page 59]]

    (3) Precision maneuvering, including straight glides, turns to 
headings, steep turns, and spirals in both directions;
    (4) The correct use of the glider's performance speeds, flight at 
slow airspeeds with realistic distractions, and the recognition of and 
recovery from stalls entered from straight flight and from turns; and
    (5) Accuracy approaches and landings, with the nose of the glider 
coming to rest short of and within 100 feet of a line or mark.
    (e) Airships. (1) Ground handling, mooring, and preflight 
operations;
    (2) Straight and level flight, turns, climbs, and descents, under 
VFR and simulated IFR conditions;
    (3) Takeoffs and landings with positive and with negative static 
lift;
    (4) Turns and figure eights;
    (5) Precision turns to headings under simulated IFR conditions;
    (6) Preparing and filing IFR flight plans, and complying with IFR 
clearances;
    (7) IFR radio navigation and instrument approach procedures;
    (8) Cross-country flight operations, using pilotage, dead reckoning, 
and radio aids; and
    (9) Emergency operations, including engine-out operations, free 
ballooning an airship, and ripcord procedures (may be simulated).
    (f) Free balloons. (1) Assembly of basket and burner to the 
envelope, and rigging, inflating, and tethering of a free balloon;
    (2) Ground and flight crew briefing;
    (3) Ascents;
    (4) Descents;
    (5) Landings;
    (6) Operation of airborne heater, if balloon is so equipped; and
    (7) Emergency operations, including the use of the ripcord (may be 
simulated), and recovery from a terminal velocity descent if a balloon 
with an airborne heater is used.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-77, 51 
FR 40704, Nov. 7, 1986; Amdt. 61-79, 52 FR 17277, May 6, 1987; Amdt. 61-
490, 56 FR 11325, Mar. 15, 1991]



Sec. 61.129   Airplane rating: Aeronautical experience.

    (a) General. An applicant for a commercial pilot certificate with an 
airplane rating must hold a private pilot certificate with an airplane 
rating. If he does not hold that certificate and rating he must meet the 
flight experience requirements for a private pilot certificate and 
airplane rating and pass the applicable written and practical test 
prescribed in Subpart D of this part. In addition, the applicant must 
hold an instrument rating (airplane), or the commercial pilot 
certificate that is issued is endorsed with a limitation prohibiting the 
carriage of passengers for hire in airplanes on cross-country flights of 
more than 50 nautical miles, or at night.
    (b) Flight time as pilot. Except as provided in paragraph (c) of 
this section, an applicant for a commercial pilot certificate with an 
airplane rating must have at least the following aeronautical 
experience:
    (1) A total of at least 250 hours of flight time as a pilot that may 
include not more than--
    (i) Except as provided in paragraph (b)(1)(ii) of this section, 50 
hours of flight simulator instruction or flight training device 
instruction from an authorized instructor; or
    (ii) 100 hours of flight simulator instruction or flight training 
device instruction, if the instruction is accomplished in an approved 
course conducted by a training center certificated under part 142 of 
this chapter.
    (2) The flight time required by paragraph (b)(1) of this section 
must include--
    (i) 10 hours of instrument instruction, of which at least 5 hours 
must be in flight in airplanes, and
    (ii) 10 hours of instruction in preparation for the commercial pilot 
flight test; and
    (3) 100 hours of pilot in command time, including at least:
    (i) 50 hours in airplanes.
    (ii) 50 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 have landings at a minimum of three points, one 
of which is at least

[[Page 60]]

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.
    (iii) 5 hours of night flying including at least 10 takeoffs and 
landings as sole manipulator of the controls.
    (4) Flight simulator instruction and flight training device 
instruction must be accomplished in a qualified and approved flight 
simulator or in a qualified and approved flight training device 
representing an airplane.
    (c) Except where fewer hours are approved by the Administrator, an 
applicant for a commercial pilot certificate with an airplane rating who 
has satisfactorily completed an approved commercial pilot course 
conducted by a training center certificated under part 142 of this 
chapter must have a total of at least 190 hours of pilot flight time in 
aircraft, flight simulators, or flight training devices.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-73, 47 
FR 46066, Oct. 14, 1982; Amdt. 61-100, 61 FR 34555, July 2, 1996]



Sec. 61.131   Rotorcraft ratings: Aeronautical experience.

    Except as provided in paragraph (c) of this section, an applicant 
for a commercial pilot certificate with a rotorcraft category rating 
must have at least the following aeronautical experience:
    (a) Helicopter class rating. A total of 150 hours of flight time, 
including at least 100 hours in powered aircraft, 50 hours of which must 
be in a helicopter, including at least--
    (1) 40 hours of flight instruction from an authorized flight 
instructor, 15 hours of which must be in a helicopter, including--
    (i) 3 hours of cross-country flying in helicopters;
    (ii) 3 hours of night flying in helicopters, including 10 takeoffs 
and landings, each of which must be separated by an en route phase of 
flight;
    (iii) 3 hours in helicopters preparing for the commercial pilot 
flight test within 60 days before that test; and
    (iv) Takeoffs and landings at three points other than airports; and
    (2) 100 hours of pilot-in-command flight time, 35 hours of which 
must be in a helicopter, including at least--
    (i) 10 hours of cross-country flying in helicopters, including one 
flight with a landing at three or more points, each of which must be 
more than 50 nautical miles from each of the other two points; and
    (ii) Three takeoffs and landings in helicopters, each of which must 
be separated by an en route phase of flight, at an airport with an 
operating control tower.
    (3) Except as provided in paragraph (a)(4) of this section, a 
maximum of 35 hours of flight simulator instruction or flight training 
device instruction from an authorized instructor may be credited toward 
the total hour requirement for a pilot certificate.
    (4) A maximum of 50 hours of flight simulator instruction or flight 
training device instruction may be credited toward the total hours 
required by paragraph (a)(1) of this section if the instruction is 
accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (b) For a gyroplane class rating:
    (1) An applicant must have at least 150 hours of flight time in 
aircraft, including at least 100 hours in powered aircraft, 25 hours of 
which must be in a gyroplane, including at least--
    (i) 3 hours of cross-country flying in gyroplanes;
    (ii) 3 hours of night flying in gyroplanes, including 10 takeoffs 
and landings; and
    (iii) 3 hours in gyroplanes preparing for the commercial pilot 
flight test within 60 days before that test; and
    (2) 100 hours of pilot-in-command flight time, 15 hours of which 
must be in a gyroplane, including at least--
    (i) 10 hours of cross-country flying in gyroplanes, including one 
flight with a landing at three or more points, each of which is more 
than 50 nautical miles from each of the other two points; and
    (ii) Three takeoffs and landings in gyroplanes at an airport with an 
operating control tower.
    (3) Except as provided in paragraph (b)(4) of this section, a 
maximum of 35 hours of flight simulator instruction or flight training 
device instruction from

[[Page 61]]

an authorized instructor may be credited toward the total requirement 
for a pilot certificate if the instruction is accomplished in a flight 
simulator or in a flight training device representing a gyroplane.
    (4) A maximum of 50 hours of flight simulator instruction or flight 
training device if instruction may be credited toward the total hours 
required by paragraph (b)(1) of this section if the instruction is 
accomplished in an approved course conducted by a training center 
certificated under part 142 of this chapter.
    (c) Except as otherwise approved by the Administrator, an applicant 
for a commercial pilot certificate with a rotorcraft rating and a 
helicopter class rating who has satisfactorily completed an approved 
commercial pilot course conducted by a training center certificated 
under part 142 of this chapter must have a total of at least 150 hours 
of pilot flight time in aircraft, flight simulators, or flight training 
devices.

[Doc. No. 24550, 51 FR 40704, Nov. 7, 1986, as amended by Amdt. 61-78, 
52 FR 4847, Feb. 17, 1987; Amdt. 61-490, 56 FR 11326, Mar. 15, 1991; 
Amdt. 61-100, 61 FR 34556, July 2, 1996]



Sec. 61.133   Glider rating: Aeronautical experience.

    An applicant for a commercial pilot certificate with a glider rating 
must meet either of the following aeronautical experience requirements:
    (a) A total of at least 25 hours of pilot time in aircraft, 
including 20 hours in gliders, and a total of 100 glider flights as 
pilot in command, including 25 flights during which 360 deg. turns were 
made; or
    (b) A total of 200 hours of pilot time in heavier-than-air aircraft, 
including, 20 glider flights as pilot in command during which 360 deg. 
turns were made.



Sec. 61.135   Airship rating: Aeronautical experience.

    An applicant for a commercial pilot certificate with an airship 
rating must have a total of at least 200 hours of flight time as pilot, 
including--
    (a) Fifty hours of flight time as pilot in airships;
    (b) 30 hours of flight time performing the duties of pilot in 
command in airships, including--
    (1) 10 hours of cross-country flight; and
    (2) 10 hours of night flight; and
    (c) 40 hours of instrument time, of which at least 20 hours must be 
in flight with 10 hours of that flight time in airships.



Sec. 61.137   Free balloon rating: Aeronautical experience.

    An applicant for a commercial pilot certificate with a free balloon 
rating must have the following flight time as pilot:
    (a) If a gas balloon or a hot air balloon with an airborne heater is 
used, a total of at least 35 hours of flight time as pilot including--
    (1) 20 hours in free balloons; and
    (2) 10 flights in free balloons, including--
    (i) Six flights under the supervision of a commercial free balloon 
pilot;
    (ii) Two solo flights;
    (iii) Two flights of at least 2 hours duration if a gas balloon is 
used, or at least 1 hour duration if a hot air balloon with an airborne 
heater is used; and
    (iv) One ascent under control to more than 10,000 feet above the 
take-off point if a gas balloon is used or 5,000 feet above the take off 
point if a hot air balloon with an airborne heater is used.
    (b) If a hot air balloon without an airborne heater is used, 10 
flights in free balloons including--
    (1) Six flights under the supervision of a commercial free balloon 
pilot; and
    (2) Two solo flights.



Sec. 61.139   Commercial pilot privileges and limitations: General.

    The holder of a commercial pilot certificate may:
    (a) Act as pilot in command of an aircraft carrying persons or 
property for compensation or hire;
    (b) Act as pilot in command of an aircraft for compensation or hire; 
and
    (c) Give flight instruction in an airship if he holds a lighter-
than-air category and an airship class rating, or in a free balloon if 
he holds a free balloon class rating.

[[Page 62]]



Sec. 61.141   Airship and free balloon ratings: Limitations.

    (a) If the applicant for a free balloon class rating takes his 
flight test in a hot air balloon without an airborne heater, his pilot 
certificate contains an endorsement restricting the exercise of the 
privileges of that rating to hot air balloons without airborne heaters. 
The restriction may be deleted when the holder of the certificate 
obtains the pilot experience and passes the test required for a rating 
on a free balloon with an airborne heater or a gas balloon.
    (b) If the applicant for a free balloon class rating takes his 
flight test in a hot air balloon with an airborne heater, his pilot 
certificate contains an endorsement restricting the exercise of the 
privileges of that rating to hot air balloons with airborne heaters. The 
restriction may be deleted when the holder of the certificate obtains 
the pilot experience required for a rating on a gas balloon.



                   Subpart F--Airline Transport Pilots

    Authority: Secs. 313(a), 314, 601, and 607; 49 U.S.C. 1354(a), 1355, 
1421, and 1427.



Sec. 61.151   Eligibility requirements: General.

    To be eligible for an airline transport pilot certificate, a person 
must--
    (a) Be at least 23 years of age;
    (b) Be of good moral character;
    (c) Be able to read, write, and understand the English language and 
speak it without accent or impediment of speech that would interfere 
with two-way radio conversation;
    (d) Be a high school graduate, or its equivalent in the 
Administrator's opinion, based on the applicant's general experience and 
aeronautical experience, knowledge, and skill;
    (e) Have a first-class medical certificate issued under part 67 of 
this chapter within the 6 months before the date he applies; and
    (f) Comply with the sections of this part that apply to the rating 
he seeks.

[Doc. No. 1179, 27 FR 7965, Aug. 10, 1962. Redesignated by Amdt. 61-60, 
38 FR 3161, Feb. 1, 1973]



Sec. 61.153   Airplane rating: Aeronautical knowledge.

    An applicant for an airline transport pilot certificate with an 
airplane rating must, after meeting the requirements of Secs. 61.151 
(except paragraph (a) thereof) and 61.155, pass a written test on--
    (a) The sections of this part relating to airline transport pilots 
and part 121, subpart C of part 65, and Secs. 91.1 91.3, 91.5, 91.11, 
91.13, 91.103, 91.105, 91.189, 91.193, 91.703, and subpart B of part 91 
of this chapter, and so much of parts 21 and 25 of this chapter as 
relate to the operations of air carrier aircraft;
    (b) The fundamentals of air navigation and use of formulas, 
instruments, and other navigational aids, both in aircraft and on the 
ground, that are necessary for navigating aircraft by instruments;
    (c) The general system of weather collection and dissemination;
    (d) Weather maps, weather forecasting, and weather sequence 
abbreviations, symbols, and nomenclature;
    (e) Elementary meteorology, including knowledge of cyclones as 
associated with fronts;
    (f) Cloud forms;
    (g) National Weather Service Federal Meteorological Handbook No. 1, 
as amended;
    (h) Weather conditions, including icing conditions and upper-air 
winds, that affect aeronautical activities;
    (i) Air navigation facilities used on Federal airways, including 
rotating beacons, course lights, radio ranges, and radio marker beacons;
    (j) Information from airplane weather observations and 
meteorological data reported from observations made by pilots on air 
carrier flights;
    (k) The influence of terrain on meteorological conditions and 
developments, and their relation to air carrier flight operations;

[[Page 63]]

    (l) Radio communication procedure in aircraft operations; and
    (m) Basic principles of loading and weight distribution and their 
effect on flight characteristics.

[Doc. No. 1179, 27 FR 7965, Aug. 10, 1962, as amended by Amdt. 61-11, 29 
FR 14916, Nov. 4, 1964; Amdt. 61-30, 32 FR 5770, Apr. 11, 1967; Amdt. 
61-64, 36 FR 13911, July 28, 1971. Redesignated by Amdt. 61-60, 38 FR 
3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 FR 51392, Nov. 22, 
1976; Amdt. 61-84, 54 FR 34330, Aug. 18, 1989]



Sec. 61.155  Airplane rating: Aeronautical experience.

    (a) Except as provided in paragraph (d) of this section, for an 
applicant for an airline transport pilot certificate with an airplane 
category and class rating, the following requirements apply:
    (1) The applicant must hold a commercial pilot certificate, a 
foreign airline transport pilot, or commercial pilot license without 
limitations issued by a member state of ICAO, or meet the requirements 
of Sec. 61.73 that would qualify the applicant for a commercial pilot 
certificate;
    (2) The applicant must have at least 1,500 hours of total time as a 
pilot that includes at least--
    (i) 500 hours of cross-country flight time;
    (ii) 100 hours of night flight time;
    (iii) 75 hours of instrument flight time, in actual or simulated 
instrument conditions, subject to the following:
    (A) Except as provided in paragraph (a)(2)(iii)(B) of this section, 
an applicant may not receive more than 25 hours of simulated instrument 
time in flight simulators and flight training devices.
    (B) A maximum of 50 hours of instruction in a flight simulator or 
flight training device may be credited toward the total hours required 
by paragraph (a)(2) of this section if the instruction is accomplished 
in a course conducted by a training center certificated under part 142 
of this chapter.
    (C) Instruction in a flight simulator or flight training device must 
be accomplished in a qualified and approved flight simulator or in a 
qualified and approved flight training device, representing an airplane; 
and
    (iv) 250 hours of flight time in an airplane as a pilot in command 
or as a second in command performing the duties and functions of a pilot 
in command under the supervision of a pilot in command, or any 
combination thereof, which includes at least--
    (A) 100 hours of cross-country flight time; and
    (B) 25 hours of night flight time; and
    (3) Not more than 100 hours of total pilot experience may be 
obtained in a flight simulator or flight training device, provided the 
pilot experience is accomplished in an approved course conducted by a 
training center certificated under part 142 of this chapter.
    (b) An applicant who has performed at least 20 night takeoffs and 
landings to a full stop may substitute each additional night takeoff and 
landing to a full stop in excess of the minimum 20 takeoffs for 1 hour 
of night flight time to satisfy the requirements of paragraph (a)(2) of 
this section, for a total credited time of no more than 25 hours.
    (c) If an applicant with less than 150 hours of pilot-in-command 
time otherwise meets the requirements of paragraph (a)(2)(iv) of this 
section, the applicant's certificate will be endorsed ``Holder does not 
meet the pilot-in-command flight experience requirement of ICAO'', as 
prescribed by article 39 of the ``Convention on International Civil 
Aviation.'' Whenever the pilot presents satisfactory written evidence 
that 150 hours of pilot-in-command time has been accumulated, the 
applicant is entitled to a new certificate without the endorsement.
    (d) A commercial pilot may credit the following second-in-command 
and flight engineer flight time (or a combination of either crewmember 
position flight time) toward the 1,500 hours of total time as a pilot 
required by paragraph (a) of this section:
    (1) All second-in-command time acquired in an airplane required to 
have more than one pilot by the airplane's flight manual or type 
certificate or by the regulations under which the flight is conducted.
    (2) Flight engineer time, provided the time--
    (i) Is acquired in an airplane that is required to have a flight 
engineer by the airplane's flight manual, the type

[[Page 64]]

certificate, or the regulations under which the flight is conducted;
    (ii) Is acquired while the applicant is participating in a pilot 
training program approved under part 121 of this chapter; and
    (iii) Is credited at a rate of 1 hour of flight time for each 3 
hours of flight engineer time, for a total credited time of no more than 
500 hours.
    (e) If an applicant who credits second-in-command or flight engineer 
time under paragraph (d) of this section toward the 1,500 hours total 
flight time requirement of paragraph (a)(2) of this section--
    (1) Does not have at least 1,200 hours of flight time as a pilot 
including not more than 50 percent of the second-in-command time and 
none of the flight engineer time; but
    (2) Otherwise meets the requirements of paragraph (a)(2) of this 
section, the applicant's certificate will be endorsed ``Holder does not 
meet the pilot flight experience requirements of ICAO,'' as prescribed 
by article 39 of the ``Convention on International Civil Aviation.'' 
Whenever the applicant presents satisfactory evidence of having 
accumulated 1,200 hours of flight time as a pilot including no more than 
50 percent of the second-in-command time and none of the flight engineer 
time, the applicant is entitled to a new certificate without the 
endorsement.

[Doc. No. 26933, 61 FR 34556, July 2, 1996]



Sec. 61.157  Airplane rating: Aeronautical skill (for parts 121 and 135 use only).

    (a) An applicant for an airline transport pilot certificate with a 
single-engine or multiengine class rating or an additional type rating 
must pass a practical test that includes the items set forth in appendix 
A of this part. The FAA inspector or designated examiner may modify any 
required maneuver where necessary for the reasonable and safe operation 
of the airplane being used and, unless specifically prohibited in 
appendix A, may combine any required maneuvers and may permit their 
performance in any convenient sequence.
    (b) Whenever an applicant for an airline transport pilot certificate 
does not already have an instrument rating he shall, as part of the oral 
part of the practical test, comply with Sec. 61.65(g), and, as part of 
the flight part, perform each additional maneuver required by 
Sec. 61.65(g) that is appropriate to the airplane type and not required 
in appendix A of this part.
    (c) Unless the Administrator requires certain or all maneuvers to be 
performed, the person giving a flight test for an airline transport 
pilot certificate or additional airplane class or type rating may, in 
his discretion, waive any of the maneuvers for which a specific waiver 
authority is contained in appendix A of this part if a pilot being 
checked--
    (1) Is employed as a pilot by a part 121 certificate holder; and
    (2) Within the preceding 6 calendar months, has successfully 
completed that certificate holder's approved training program for the 
airplane type involved.
    (d) The items specified in paragraph (a) of this section may be 
performed in the airplane simulator or other training device specified 
in appendix A to this part for the particular item if--
    (1) The airplane simulator or other training device meets the 
requirements of Sec. 121.407 of this chapter; and
    (2) In the case of the items preceded by an asterisk (*) in appendix 
A, the applicant has successfully completed the training set forth in 
Sec. 121.424(d) of this chapter.

However, the FAA inspector or designated examiner may require Items 
II(d), V(f), or V(g) of appendix A to this part to be performed in the 
airplane if he determines that action is necessary to determine the 
applicant's competence with respect to that maneuver.
    (e) An approved simulator may be used instead of the airplane to 
satisfy the in-flight requirements of appendix A of this part, if the 
simulator--
    (1) Is approved under Sec. 121.407 of this chapter and meets the 
appropriate simulator requirements of appendix H of part 121; and
    (2) Is used as part of an approved program that meets the training 
requirements of Sec. 121.424 (a) and (c) and appendix H of part 121 of 
this chapter.
    (f) On and after April 15, 1991, an applicant for a type rating to 
be added to an airline transport pilot certificate, or

[[Page 65]]

for issuance of an airline transport pilot certificate in an airplane 
requiring a type rating, must--
    (1) Have completed ground and flight training on the maneuvers and 
procedures of appendix A of this part that is appropriate to the 
airplane for which a type rating is sought and received an endorsement 
from an authorized instructor in the person's logbook or training 
records certifying satisfactory completion of the training; or
    (2) For a pilot employee of a part 121 or part 135 certificate 
holder, have completed ground and flight training that is appropriate to 
the airplane for which a type rating is sought and is approved under 
parts 121 and 135.
    (g) Successful completion of a proficiency check under Sec. 121.441 
of this chapter or successful completion of both a competency check, 
under Sec. 135.293 of this chapter, and a pilot-in-command instrument 
proficiency check, under Sec. 135.297 of this chapter, satisfies the 
requirements of this section for the appropriate aircraft rating.

[Amdt. 61-27, 32 FR 262, Jan. 11, 1967, as amended by Amdt. 61-31, 32 FR 
5987, Apr. 14, 1967; Amdt. 61-45, 35 FR 88, Jan. 3, 1970. Redesignated 
by Amdt. 61-60, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-64, 41 
FR 51392, Nov. 22, 1976; Amdt. 61-69, 45 FR 44183, June 30, 1980; Amdt. 
61-490, 56 FR 11326, Mar. 15, 1991; Amdt. 61-100, 61 FR 34557, July 2, 
1996]



Sec. 61.158  Airplane rating: Aeronautical skill (for other than parts 121 and 135).

    (a) An applicant for an airline transport pilot certificate with a 
single engine or multiengine class rating or type rating, must--
    (1) Pass a practical test based on the following areas of operation:
    (i) Preflight procedures.
    (ii) Ground operations.
    (iii) Takeoff and departure maneuvers.
    (iv) In-flight maneuvers.
    (v) Instrument procedures.
    (vi) Landings and approaches to landings.
    (vii) Normal and abnormal procedures.
    (viii) Emergency procedures.
    (ix) Postflight procedures.
    (2) If seeking an airplane type rating, present a record of training 
certified by an authorized instructor showing that the applicant has--
    (i) Received ground training on the aeronautical knowledge areas 
required by this section applicable to the airplane type rating sought; 
and
    (ii) Received flight training on the areas of operation applicable 
to the airplane type rating sought.
    (b) If the applicant does not hold an instrument rating, in addition 
to the areas specified in paragraph (a)(1) of this section, the 
applicant must also demonstrate competency in the operations referenced 
in Sec. 61.65(g).
    (c) The demonstrations required by paragraphs (a) and (b) of this 
section must be performed in--
    (1) An airplane of the same class, and, if applicable, an airplane 
of the same type, for which the class rating or type rating is sought; 
or
    (2) Subject to the requirements of paragraphs (d)(1) through (d)(8) 
of this section, as applicable, a flight simulator or a flight training 
device that represents the airplane type for which the type rating is 
sought, or set of airplanes if the airplane for which the class rating 
is sought, does not require a type rating.
    (d) The following requirements apply to a demonstration of 
competency under this section in a flight simulator or a flight training 
device;
    (1) The flight simulator or flight training device use permitted by 
paragraph (c)(2) of this section must be in accordance with an approved 
course at a training center certificated under part 142 of this chapter;
    (2) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.155 and at least one of the following:
    (A) Hold a type rating for a turbojet airplane of the same class as 
the class of airplane for which the type rating is sought or have been 
designated by a military service as a pilot in command of an airplane of 
the same class as the

[[Page 66]]

class of airplane for which the type rating is sought, if a turbojet 
type rating is sought.
    (B) Hold a type rating for a turbopropeller airplane of the same 
class as the class of airplane for which the type rating is sought, or 
have been appointed by a military service as a pilot in command of an 
airplane of the same class as the class of airplane for which the type 
rating is sought, if a turbopropeller airplane type rating is sought.
    (C) Have at least 2,000 hours of actual flight time, of which 500 
hours must be in turbine-powered airplanes of the same class as the 
class of airplane for which the type rating is sought.
    (D) Have at least 500 hours of actual flight time in the same type 
airplane as the type of airplane for which the type rating is sought.
    (E) Have at least 1,000 hours of flight time in at least two 
different airplanes requiring a type rating.
    (3) Subject to the limitation of paragraph (d)(4) of this section an 
applicant who does not meet the requirements of paragraph (d)(2) of this 
section may complete all training and testing (except for preflight 
inspection) for an added rating if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec. 61.155 and at least one of the following:
    (A) Holds a type rating in a propeller-driven airplane if a type 
rating in a turbojet airplane is sought, or holds a type rating in a 
turbojet airplane if a type rating in a propeller-driven airplane is 
sought.
    (B) Since the beginning of the 12th calendar month before the month 
in which the applicant completes the practical test for the added 
rating, has logged--
    (1) At least 100 hours of flight time in airplanes in the same class 
as the class of airplane for which the type rating is sought and which 
require a type rating; and
    (2) At least 25 hours of flight time in airplanes of the same type 
as the type of airplane for which the type rating is sought.
    (4) An applicant meeting only the requirements of paragraph 
(d)(3)(ii)(A) and (B) of this section will be issued an added rating, or 
an airline transport pilot certificate with an added rating, as 
applicable, with a limitation. The limitation shall state: ``This 
certificate is subject to pilot-in-command limitations for the added 
rating.''
    (5) An applicant gaining a certificate with the limitation specified 
in paragraph (d)(4) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type as the type of airplane to which the limitation applies.
    (6) An applicant who does not meet the requirements of paragraph 
(d)(2)(ii)(A) through (E) or (d)(3)(ii)(A) and (B) of this section may 
be awarded an airline transport pilot certificate or an added rating to 
that certificate after successful completion of one of the following 
requirements:
    (i) An approved course at a training center which includes all 
training and testing for that certificate or rating followed by training 
and testing on the following tasks, which must be successfully completed 
on a static airplane or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff;
    (C) Normal ILS approach;
    (D) Missed approach; and
    (E) Normal landing.
    (ii) An approved course at a training center which includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (d)(7) and (d)(8) of this section.
    (7) An applicant meeting only the requirements of paragraph (d)(6) 
of this section will be issued an added rating, or an airline transport 
pilot certificate with an added rating, as applicable, with a 
limitation. The limitation shall state: ``This certificate is subject to

[[Page 67]]

pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation specified 
in paragraph (d)(7) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an airplane of the same 
type as the type of airplane to which the limitation applies.
    (e) Unless the Administrator requires certain or all tasks to be 
performed, the person authorized by the Administrator to conduct the 
practical test for an airline transport pilot certificate may waive any 
of the tasks for which the Administrator approves waiver authority.

[Doc. No. 26933, 61 FR 34557, July 2, 1996]



Sec. 61.159   Rotorcraft rating: Aeronautical knowledge.

    An applicant for an airline transport pilot certificate with a 
rotorcraft category and a helicopter class rating must pass a written 
test on--
    (a) So much of this chapter as relates to air carrier rotorcraft 
operations;
    (b) Rotorcraft design, components, systems, and performance 
limitations;
    (c) Basic principles of loading and weight distribution and their 
effect on rotorcraft flight characteristics;
    (d) Air traffic control systems and procedures relating to 
rotorcraft;
    (e) Procedures for operating rotorcraft in potentially hazardous 
meteorological conditions;
    (f) Flight theory as applicable to rotorcraft; and
    (g) The items listed under paragraphs (b) through (m) of 
Sec. 61.153.

[Doc. No. 24550, 51 FR 40705, Nov. 7, 1986]



Sec. 61.161   Rotorcraft rating: Aeronautical experience.

    (a) An applicant for an airline transport pilot certificate with a 
rotorcraft category and helicopter class rating must hold a commercial 
pilot certificate, or a foreign airline transport pilot or commercial 
pilot certificate with a rotorcraft category and helicopter class rating 
issued by a member of ICAO, or be a pilot in an armed force of the 
United States whose military experience qualifies that pilot for the 
issuance of a commercial pilot certificate under Sec. 61.73.
    (b) An applicant must have had at least 1,200 hours of flight time 
as a pilot, including at least--
    (1) 500 hours of cross-country flight time;
    (2) 100 hours of night flight time, of which at least 15 hours are 
in helicopters;
    (3) 200 hours in helicopters, including at least 75 hours as pilot 
in command, or as second in command performing the duties and functions 
of a pilot in command under the supervision of a pilot in command, or 
any combination thereof; and
    (4) 75 hours of actual or simulated instrument time under actual or 
simulated conditions. At least 50 hours of this time must be completed 
in flight with at least--
    (i) 25 hours in helicopters as pilot in command;
    (ii) 25 hours in helicopters as second in command performing the 
duties of a pilot in command under the supervision of a pilot in 
command; or
    (iii) Any combination of paragraph (b)(4)(i) and (b)(4)(ii) of this 
section that totals 25 hours in helicopters.
    (5) Flight simulator or flight training device instruction may be 
credited toward the total hour requirement of paragraph (b)(4) of this 
section subject to the following:
    (i) Flight simulator and flight training device instruction must be 
accomplished in a qualified and approved flight simulator or in a 
qualified and approved flight training device, representing a 
rotorcraft.
    (ii) Except as provided in paragraph (b)(5)(iii) of this section, an 
applicant may receive credit for not more than a combined total of 25 
hours of simulated instrument time in flight simulators and flight 
training devices.
    (iii) A maximum of 50 hours of flight simulator instruction or 
flight training

[[Page 68]]

device instruction may be credited toward the total hours required by 
paragraph (b)(4) of this section if the instruction is accomplished in 
an approved course conducted by a training center certificated under 
part 142 of this chapter.

[Doc. No. 24550, 51 FR 40705, Nov. 7, 1986, as amended by Amdt. 61-100, 
61 FR 34558, July 2, 1996]



Sec. 61.163  Rotorcraft rating: Aeronautical skill.

    (a) An applicant for an airline transport pilot certificate with a 
rotorcraft category and helicopter class rating or a type rating must 
pass a practical test based on the following areas of operation:
    (1) Preflight procedures.
    (2) Ground operations.
    (3) Takeoff and departure procedures.
    (4) In-flight maneuvers.
    (5) Instrument procedures.
    (6) Landings and approaches to landings.
    (7) Normal and abnormal procedures.
    (8) Emergency procedures.
    (9) Postflight procedures.
    (b) If the applicant does not hold an instrument rating, in addition 
to the areas specified in paragraph (a) of this section, the applicant 
must also demonstrate competency in the operations required by 
Sec. 61.65(g).
    (c) The demonstrations required by paragraphs (a) and (b) of this 
section must be performed in--
    (1) The helicopter for which the class rating or type rating is 
sought; or
    (2) Subject to the requirements of paragraphs (d)(1) through (d)(8) 
of this section, as applicable, a flight simulator or flight training 
device that represents the helicopter for which the class rating or type 
rating is sought.
    (d) The following requirements apply to a demonstration of 
competency under this section in a flight simulator or a flight training 
device:
    (1) The flight simulator or flight training device use permitted by 
paragraph (c)(2) of this section must be in accordance with an approved 
course at a training center certificated under part 142 of this chapter.
    (2) To complete all training and testing (except preflight 
inspection) for an unlimited added rating in a flight simulator--
    (i) The flight simulator must be qualified as Level C or Level D; 
and
    (ii) The applicant must meet the aeronautical experience 
requirements of Sec. 61.161 and at least one of the following:
    (A) Hold a type rating for a turbine-powered helicopter, or have 
been designated by a military service as a pilot in command of an a 
turbine-powered helicopter, if a turbine-powered helicopter type rating 
is sought.
    (B) Have at least 1,200 hours of actual flight time, of which 500 
hours must be in turbine-powered helicopters.
    (C) Have at least 500 hours of actual flight time in the same type 
helicopter as the helicopter for which the type rating is sought.
    (D) Have at least 1,000 hours of flight time in at least two 
different helicopters requiring a type rating.
    (3) Subject to the limitation of paragraph (d)(4) of this section, 
an applicant who does not meet the requirements of paragraph (d)(2) of 
this section may complete all training and testing (except for preflight 
inspection) for an added rating if--
    (i) The flight simulator is qualified as Level C or Level D; and
    (ii) The applicant meets the aeronautical experience requirements of 
Sec. 61.161 and, since the beginning of the 12th calendar month before 
the month in which the applicant completes the practical test for the 
added rating, has logged--
    (A) At least 100 hours of flight time in helicopters; and
    (B) At least 15 hours of flight time in helicopters of the same type 
as the helicopter for which the type rating is sought.
    (4) An applicant meeting only the requirements of paragraph 
(d)(3)(ii) (A) and (B) of this section will be issued an added rating, 
or an airline transport pilot certificate with a limitation. The 
limitation shall state: ``This certificate is subject to pilot-in-
command limitations for the added rating.''
    (5) An applicant gaining a certificate with the limitation specified 
in paragraph (d)(4) of this section--

[[Page 69]]

    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 15 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type as the type of aircraft to which the limitation applies.
    (6) An applicant who does not meet the requirements of paragraph 
(d)(2)(ii) (A) through (D) or (d)(3)(ii) (A) and (B) of this section may 
be awarded an airline transport pilot certificate or an added rating to 
that certificate after successful completion of the of one of the 
following requirements:
    (i) An approved course at a training center which includes all 
training and testing for that certificate or rating followed by training 
and testing on the following tasks, which must be successfully completed 
on a static aircraft or in flight, as appropriate:
    (A) Preflight inspection;
    (B) Normal takeoff from a hover;
    (C) Manually flown precision approach; and
    (D) Steep approach and landing to an off-airport heliport;
    (ii) An approved course at a training center which includes all 
training and testing for that certificate or rating and compliance with 
paragraphs (d)(7) and (d)(8) of this section.
    (7) An applicant meeting only the requirements of paragraph (d)(6) 
of this section will be issued an added rating or an airline transport 
pilot certificate with an added rating, as applicable, with a 
limitation. The limitation shall state: ``This certificate is subject to 
pilot-in-command limitations for the added rating.''
    (8) An applicant gaining a certificate with the limitation specified 
in paragraph (d)(7) of this section--
    (i) May not act as pilot in command of the aircraft for which an 
added rating was obtained under the provisions of this section until he 
or she has had the limitation removed from the certificate; and
    (ii) May have the limitation removed by serving 25 hours of 
supervised operating experience as pilot in command under the 
supervision of a qualified and current pilot in command, in the seat 
normally occupied by the pilot in command, in an aircraft of the same 
type as the type of aircraft to which the limitation applies.
    (e) Unless the Administrator requires certain or all tasks to be 
performed, the person authorized by the Administrator to conduct the 
practical test for an airline transport pilot certificate may waive any 
of the tasks for which the Administrator approves waiver authority.

[Doc. No. 26933, 61 FR 34558, July 2, 1996]



Sec. 61.165   Additional category ratings.

    (a) Rotorcraft category with a helicopter class rating. The holder 
of an airline transport pilot certificate (airplane category) who 
applies for a rotorcraft category with a helicopter class rating must 
meet the applicable requirements of Secs. 61.159, 61.161, and 61.163 
and--
    (1) Have at least 100 hours, including at least 15 hours at night, 
of rotorcraft flight time as pilot in command or as second in command 
performing the duties and functions of a pilot in command under the 
supervision of a pilot in command who holds an airline transport pilot 
certificate with an appropriate rotorcraft rating, or any combination 
thereof; or
    (2) Complete a training program conducted by a certificated air 
carrier or other approved agency requiring at least 75 hours of 
rotorcraft flight time as pilot in command, second in command, or as 
flight instruction from an appropriately rated FAA certificated flight 
instructor or an airline transport pilot, or any combination thereof, 
including at least 15 hours of night flight time.
    (b) Airplane rating. The holder of an airline transport pilot 
certificate (rotorcraft category) who applies for an airplane category 
must comply with Secs. 61.153, 61.155 (except Sec. 61.155(b)(1)), and 
61.157 and--
    (1) Have at least 100 hours, including at least 15 hours at night, 
of airplane flight time as pilot in command or as

[[Page 70]]

second in command performing the duties and functions of a pilot in 
command under the supervision of a pilot in command who holds an airline 
transport pilot certificate with an appropriate airplane rating, or any 
combination thereof; or
    (2) Complete a training program conducted by a certificated air 
carrier or other approved agency requiring at least 75 hours of airplane 
flight time as pilot in command, second in command, or as flight 
instruction from an appropriately rated FAA certificated flight 
instructor or an airline transport pilot, or any combination thereof, 
including at least 15 hours of night flight time.

[Doc. No. 1179, 27 FR 7965, Aug. 10, 1962, as amended by Amdt. 61-29, 32 
FR 4493, Mar. 24, 1967. Redesignated by Amdt. 61-60, 38 FR 3161, Feb. 1, 
1973, as amended by Amdt. 61-64, 41 FR 51392, Nov. 22, 1976]



Sec. 61.167   Tests.

    (a) Each applicant for an airline transport pilot certificate must 
pass each practical and theoretical test to the satisfaction of the 
Administrator. The minimum passing grade in each subject is 70 percent. 
Each flight maneuver is graded separately. Other tests are graded as a 
whole.
    (b) Information collected incidentally to such a test shall be 
treated as a confidential matter by the persons giving the test and by 
employees of the FAA.

[Doc. No. 1179, 27 FR 7965, Aug. 10, 1962. Redesignated by Amdt. 61-60, 
38 FR 3161, Feb. 1, 1973]



Sec. 61.169  Instruction in air transportation service.

    (a) An airline transport pilot may instruct--
    (1) Other pilots in air transportation service in aircraft of the 
category, class, and type, as applicable, for which the airline 
transport pilot is rated;
    (2) In flight simulators and flight training devices representing 
the aircraft referenced in paragraph (a)(1) of this section, when 
instructing under the provisions of this section;
    (3) Only as provided in this section, unless the airline transport 
pilot also holds a flight instructor certificate, in which case he or 
she may exercise the instructor privileges of subpart G of part 61 for 
which he or she is rated; and
    (4) When instructing under the provisions of this section in an 
actual aircraft, only if the aircraft has functioning dual controls, 
when instructing under the provisions of this section.
    (b) Excluding briefings and debriefings, an airline transport pilot 
may not instruct in aircraft, flight simulators, and flight training 
devices under this section--
    (1) For more than 8 hours in any 24-consecutive-hour period; or
    (2) For more than 36 hours in any 7-consecutive-day period.
    (c) An airline transport pilot may not instruct in Category II or 
Category III operations unless he or she has been trained and 
successfully tested under Category II or Category III operations, as 
applicable.

[Doc. No. 26933, 61 FR 34559, July 2, 1996]



Sec. 61.171   General privileges and limitations.

    An airline transport pilot has the privileges of a commercial pilot 
with an instrument rating. The holder of a commercial pilot certificate 
who qualifies for an airline transport pilot certificate retains the 
ratings on his commercial pilot certificate, but he may exercise only 
the privileges of a commercial pilot with respect to them.

[Doc. No. 1179, 27 FR 7965, Aug. 10, 1962, as amended by Amdt. 61-20, 30 
FR 11905, Sept. 17, 1965]



                      Subpart G--Flight Instructors



Sec. 61.181   Applicability.

    This subpart prescribes the requirements for the issuance of flight 
instructor certificates and ratings, the conditions under which those 
certificates and ratings are necessary, and the limitations upon these 
certificates and ratings.



Sec. 61.183   Eligibility requirements: General.

    To be eligible for a flight instructor certificate a person must--
    (a) Be at least 18 years of age;
    (b) Read, write, and converse fluently in English;
    (c) Hold--

[[Page 71]]

    (1) A commercial or airline transport pilot certificate with an 
aircraft rating appropriate to the flight instructor rating sought, and
    (2) An instrument rating, if the person is applying for an airplane 
or an instrument instructor rating:
    (d) Pass a written test on the subjects in which ground instruction 
is required by Sec. 61.185; and
    (e) Pass a practical test on all items in which instruction is 
required by Sec. 61.187 and, in the case of an applicant for a flight 
instructor-airplane or flight instructor-glider rating, present a 
logbook endorsement from an appropriately certificated and rated flight 
instructor who has provided the applicant with spin entry, spin, and 
spin recovery training in an aircraft of the appropriate category that 
is certificated for spins, and has found that applicant competent and 
proficient in those training areas. Except in the case of a retest after 
a failure for the deficiencies stated in Sec. 61.49(b), the person 
conducting the practical test may either accept the spin training 
logbook endorsement or require demonstration of the spin entry, spin, 
and spin recovery maneuver on the flight portion of the practical test.


[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-490, 
56 FR 11326, Mar. 15, 1991]



Sec. 61.185   Aeronautical knowledge.

    (a) Present evidence showing that he has satisfactorily completed a 
course of instruction in at least the following subjects:
    (1) The learning process.
    (2) Elements of effective teaching.
    (3) Student evaluation, quizzing, and testing.
    (4) Course development.
    (5) Lesson planning.
    (6) Classroom instructing techniques.
    (b) Have logged ground instruction from an authorized ground or 
flight instructor in all of the subjects in which ground instruction is 
required for a private and commercial pilot certificate, and for an 
instrument rating, if an airplane or instrument instructor rating is 
sought.



Sec. 61.187   Flight proficiency.

    (a) An applicant for a flight instructor certificate must have 
received flight instruction, appropriate to the instructor rating sought 
in the subjects listed in this paragraph by a person authorized in 
paragraph (b) of this section. In addition, his logbook must contain an 
endorsement by the person who has given him the instruction certifying 
that he has found the applicant competent to pass a practical test on 
the following subjects:
    (1) Preparation and conduct of lesson plans for students with 
varying backgrounds and levels of experience and ability.
    (2) The evaluation of student flight performance.
    (3) Effective preflight and postflight instruction.
    (4) Flight instructor responsibilities and certifying procedures.
    (5) Effective analysis and correction of common student pilot flight 
errors.
    (6) Performance and analysis of standard flight training procedures 
and maneuvers appropriate to the flight instructor rating sought. For 
flight instructor-airplane and flight instructor-glider applicants, this 
shall include 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.
    (b) The flight instruction required by paragraph (a) of this section 
must be given by a person who has held a flight instructor certificate 
during the 24 months immediately preceding the date the instruction is 
given, who meets the general requirements for a flight instructor 
certificate prescribed in Sec. 61.183, and who has given at least 200 
hours of flight instruction, or 80 hours in the case of glider 
instruction, as a certificated flight instructor.
    (c) The flight instruction required by this section may be 
accomplished--
    (1) In an aircraft; or
    (2) In a flight simulator or in a flight training device used in 
accordance with an approved course at a training center

[[Page 72]]

certificated under part 142 of this chapter.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-490, 
56 FR 11326, Mar. 15, 1991; Amdt. 61-100, 61 FR 34559, July 2, 1996]



Sec. 61.189   Flight instructor records.

    (a) Each certificated flight instructor shall sign the logbook of 
each person to whom he has given flight or ground instruction and 
specify in that book the amount of the time and the date on which it was 
given. In addition, he shall maintain a record in his flight instructor 
logbook, or in a separate document containing the following:
    (1) The name of each person whose logbook or student pilot 
certificate he has endorsed for solo flight privileges. The record must 
include the type and date of each endorsement.
    (2) The name of each person for whom he has signed a certification 
for a written, flight, or practical test, including the kind of test, 
date of his certification, and the result of the test.
    (b) The record required by this section shall be retained by the 
flight instructor separately or in his logbook for at least 3 years.



Sec. 61.191   Additional flight instructor ratings.

    The holder of a flight instructor certificate who applies for an 
additional rating on that certificate must--
    (a) Hold an effective pilot certificate with ratings appropriate to 
the flight instructor rating sought.
    (b) Have had at least 15 hours as pilot in command in the category 
and class of aircraft appropriate to the rating sought; and
    (c) Pass the written and practical test prescribed in this subpart 
for the rating sought.
    (d) If accomplished in accordance with an approved course conducted 
by a training center certificated under part 142 of this chapter, the 
practical test may be conducted in a flight simulator, or a flight 
training device.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-100, 
61 FR 34559, July 2, 1996]



Sec. 61.193  Flight instructor authorizations.

    (a) The holder of a flight instructor certificate is authorized, 
within the limitations of that person's flight instructor certificate 
and ratings, to give the--
    (1) Flight instruction required by this part for a pilot certificate 
or rating;
    (2) Ground instruction or a home study course required by this part 
for a pilot certificate and rating;
    (3) Ground and flight instruction required by this subpart for a 
flight instructor certificate and rating, if that person meets the 
requirements prescribed in Sec. 61.187(b);
    (4) Flight instruction required for an initial solo or cross-country 
flight;
    (5) Flight review required in Sec. 61.56 in a manner acceptable to 
the Administrator;
    (6) Instrument competency check required in Sec. 61.57(e)(2);
    (7) Pilot-in-command flight instruction required under 
Sec. 61.101(d); and
    (8) Ground and flight instruction required by this part for the 
issuance of the endorsements specified in paragraph (b) of this section.
    (b) The holder of a flight instructor certificate is authorized 
within the limitations of that person's flight instructor certificate 
and rating, to endorse--
    (1) In accordance with Secs. 61.87(m) and 61.93 (c) and (d), the 
pilot certificate of a student pilot the flight instructor has 
instructed authorizing the student to conduct solo or solo cross-country 
flights, or to act as pilot in command of an airship requiring more than 
one flight crew member;
    (2) In accordance with Secs. 61.87(m) and 61.93 (b) and (d), the 
logbook of a student pilot the flight instructor has instructed, 
authorizing single or repeated solo flights;
    (3) In accordance with Sec. 61.93(d), the logbook of a student pilot 
whose preparation and preflight planning for a solo cross-country flight 
the flight instructor has reviewed and found adequate for a safe flight 
under the conditions the flight instructor has listed in the logbook;

[[Page 73]]

    (4) In accordance with Sec. 61.95, the logbook of a student pilot 
the flight instructor has instructed authorizing solo flights in a Class 
B airspace area or at an airport within a Class B airspace area;
    (5) The logbook of a pilot or another flight instructor who has been 
trained by the person described in paragraph (b) of this section, 
certifying that the pilot or other flight instructor is prepared for an 
operating privilege, a written test, or practical test required by this 
part;
    (6) In accordance with Secs. 61.57(e)(2) and 61.101(d) the logbook 
of a pilot the flight instructor has instructed authorizing the pilot to 
act as pilot in command;
    (7) [Reserved]; and
    (8) In accordance with Secs. 61.101 (g) and (h), the logbook of a 
recreational pilot the flight instructor has instructed authorizing solo 
flight.

[Doc. No. 25910, 56 FR 11326, Mar. 15, 1991, as amended by Amdt. 61-92, 
56 FR 65653, Dec. 17, 1991]



Sec. 61.195   Flight instructor limitations.

    The holder of a flight instructor certificate is subject to the 
following limitations:
    (a) Hours of instruction. He may not conduct more than eight hours 
of flight instruction in any period of 24 consecutive hours.
    (b) Ratings. Flight instruction may not be conducted in any aircraft 
for which the flight instructor does not hold a category, class, and if 
appropriate, a type rating, on the flight instructor's pilot and flight 
instructor certificates.
    (c) Endorsement of student pilot certificate. He may not endorse a 
student pilot certificate for initial solo or solo cross-country flight 
privileges, unless he has given that student pilot flight instruction 
required by this part for the endorsement, and considers that the 
student is prepared to conduct the flight safely with the aircraft 
involved.
    (d) Logbook endorsement. He may not endorse a student pilot's 
logbook--
    (1) For solo flight unless he has given that student flight 
instruction and found that student pilot prepared for solo flight in the 
type of aircraft involved;
    (2) For a cross-country flight, unless he has reviewed the student's 
flight preparation, planning, equipment, and proposed procedures and 
found them to be adequate for the flight proposed under existing 
circumstances; or
    (3) For solo flight in a Class B airspace area or at an airport 
within a Class B airspace area unless the flight instructor has given 
that student ground and flight instruction and has found that student 
prepared and competent to conduct the operations authorized.
    (e) Solo flights. He may not authorize any student pilot to make a 
solo flight unless he possesses a valid student pilot certificate 
endorsed for solo in the make and model aircraft to be flown. In 
addition, he may not authorize any student pilot to make a solo cross-
country flight unless he possesses a valid student pilot certificate 
endorsed for solo cross-country flight in the category of aircraft to be 
flown.
    (f) Instruction in multiengine airplane or helicopter. He may not 
give flight instruction required for the issuance of a certificate or a 
category, or class rating, in a multiengine airplane or a helicopter, 
unless he has at least 5 hours of experience as pilot in command in the 
make and model of that airplane or helicopter, as the case may be.
    (g) Recreational pilot endorsements. The flight instructor may not 
endorse a recreational pilot's logbook unless the instructor has given 
that pilot the ground and flight instruction required under this part 
for the endorsement and found that pilot competent to pilot the aircraft 
safely.
    (h) A flight instructor may not give instruction in Category II or 
Category III operations unless the flight instructor has been trained 
and tested in Category II or Category III operations, pursuant to 
Sec. 61.67 or Sec. 61.68, as applicable.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-80, 53 
FR 40322, Oct. 14, 1988; Amdt. 61-82, 54 FR 13042, Mar. 29, 1989; Amdt. 
61-490, 56 FR 11326, Mar. 15, 1991; Amdt. 61-92, 56 FR 65653, Dec. 17, 
1991; Amdt. 61-100, 61 FR 34559, July 2, 1996]

[[Page 74]]



Sec. 61.197  Renewal of flight instructor certificates.

    (a) Except as provided in paragraph (b) of this section, the holder 
of a flight instructor certificate may renew that certificate for an 
additional period of 24 calendar months if that individual 
satisfactorily completes a practical test for--
    (1) Renewal of the flight instructor certificate and rating sought; 
or
    (2) An additional flight instructor rating.
    (b) The holder of a flight instructor certificate may renew that 
certificate and its ratings without accomplishing a practical test, by 
presenting to an FAA Flight Standards District Office evidence of one of 
the following:
    (1) A record showing that, during the preceding 24 calendar months, 
the instructor has served--
    (i) As a company check pilot;
    (ii) As a chief flight instructor;
    (iii) As a company check airman or flight instructor in a part 121 
or part 135 operation; or
    (iv) In a comparable position involving the regular evaluation of 
pilots.
    (2) A graduation certificate from an approved flight instructor 
refresher course, provided that--
    (i) The course was completed prior to the expiration date of the 
flight instructor certificate; and
    (ii) The course consists of not less than 24 hours of ground 
training, flight training, or a combination of ground training and 
flight training.
    (c) If an instructor satisfactorily completes the requirements of 
this section within 90 calendar days prior to the expiration date of the 
flight instructor certificate, the instructor is considered to have 
completed the requirements of this section prior to the expiration date, 
and the certificate will be renewed for an additional 24 calendar months 
beyond the expiration date.
    (d) Except as allowed by paragraph (e) of this section, the 
practical test required by paragraph (a) of this section must be 
conducted in an aircraft.
    (e) The practical test required by paragraph (a) of this section may 
be accomplished in a flight simulator or in a flight training device if 
the test is accomplished pursuant to an approved course conducted by a 
training center certificated under part 142 of this chapter.

[Doc. No. 26933, 61 FR 34559, July 2, 1996]



Sec. 61.199   Expired flight instructor certificates and ratings.

    (a) Flight instructor certificates. The holder of an expired flight 
instructor certificate may exchange that certificate for a new 
certificate by passing the practical test prescribed in Sec. 61.187.
    (b) Flight instructor ratings. A flight instructor rating or a 
limited flight instructor rating on a pilot certificate is no longer 
valid and may not be exchanged for a similar rating or a flight 
instructor certificate. The holder of either of those ratings is issued 
a flight instructor certificate only if he passes the written and 
practical test prescribed in this subpart for the issue of that 
certificate.



Sec. 61.201   Conversion to new system of instructor ratings.

    General. The holder of a flight instructor certificate that does not 
bear any of the new class or instrument ratings listed in Sec. 61.5(c) 
(2), (3), or (4) for a flight instructor certificate, may not exercise 
the privileges of that certificate. The holder of a flight instructor 
certificate with a glider rating need not convert that rating to a new 
class rating to exercise the privileges of that certificate and rating.

[Doc. No. 11802, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-490, 
56 FR 11326, Mar. 15, 1991; 57 FR 60728, Dec. 22, 1992]

Appendix A to Part 61--Practical Test Requirements for Airplane Airline 
Transport Pilot Certificates and Associated Class and Type Ratings (For 
                       Parts 121 and 135 Use Only)

    Throughout the maneuvers prescribed in this appendix, good judgment 
commensurate with a high level of safety must be demonstrated. In 
determining whether such judgment has been shown, the FAA inspector or 
designated examiner who conducts the check considers adherence to 
approved procedures, actions based on analysis of situations for which 
there is no prescribed procedure or recommended practice, and qualities 
of prudence and care in selecting a course of action.

[[Page 75]]

    Each maneuver or procedure must be performed inflight except to the 
extent that certain maneuvers or procedures may be performed in an 
airplane simulator with a visual system (visual simulator) or an 
airplane simulator without a visual system (nonvisual simulator) or may 
be waived as indicated by an X in the appropriate columns. A maneuver 
authorized to be performed in a nonvisual simulator may be performed in 
a visual simulator, and a maneuver authorized to be performed in a 
training device may be performed in a nonvisual or a visual simulator.
    An asterisk (*) preceding a maneuver or procedure indicates that the 
maneuver or procedure may be performed in an airplane simulator or other 
training device as indicated, provided the applicant has successfully 
completed the training set forth in Sec. 121.424(d) of this chapter.
    When a maneuver or procedure is preceded by this symbol (), it 
indicates that the FAA inspector or designated examiner may require the 
maneuver or procedure to be performed in the airplane if he determines 
such action is necessary to determine the applicant's competence with 
respect to that maneuver.
    An X and asterisk (X*) indicates that a particular condition is 
specified in connection with the maneuver, procedure, or waiver 
provisions.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Required                           Permitted                   
                                                                                  ----------------------------------------------------------------------
                               Maneuvers/Procedures                                 Simulated                                                 Waiver    
                                                                                   instrument  Inflight    Visual   Nonvisual  Training   provisions of 
                                                                                   conditions            simulator  simulator   device   Sec.  61.157(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The procedures and maneuvers set forth in this appendix must be performed in a                                                                          
 manner that satisfactorily demonstrates knowledge and skill with respect to--                                                                          
  (1) The airplane, its systems and components;..................................  ..........  ........  .........  .........  ........  ...............
  (2) Proper control of airspeed, configuration, direction, altitude, and                                                                               
   attitude in accordance with procedures and limitations contained in the                                                                              
   approved Airplane Flight Manual, check lists, or other approved material                                                                             
   appropriate to the airplane type; and.........................................  ..........  ........  .........  .........  ........  ...............
  (3) Compliance with approved en route, instrument approach, missed approach,                                                                          
   ATC, or other applicable procedures...........................................  ..........  ........  .........  .........  ........  ...............
I. Preflight:                                                                                                                                           
  (a) Equipment examination (oral). As part of the practical test the equipment                                                                         
   examination must be closely coordinated with and related to, the flight                                                                              
   maneuvers portion but may not be given during the flight maneuvers portion.                                                                          
   Notwithstanding Sec.  61.21 the equipment examination may be given to an                                                                             
   applicant who has completed a ground school that is part of an approved                                                                              
   training program under Federal Aviation Regulations Part 121 for the airplane                                                                        
   type involved and who is recommended by his instructor. The equipment                                                                                
   examination must be repeated if the flight maneuvers portion is not                                                                                  
   satisfactorily completed within 60 days. The equipment examination must cover--                                                                      
   ..............................................................................  ..........  ........  .........  .........        X   ...............
    (1) Subjects requiring a practical knowledge of the airplane, its                                                                                   
     powerplants, systems, components, operational, and performance factors;.....  ..........  ........  .........  .........  ........  ...............
    (2) Normal, abnormal, and emergency procedures, and the operations and                                                                              
     limitations relating thereto; and...........................................  ..........  ........  .........  .........  ........  ...............
    (3) The appropriate provisions of the approved Airplane Flight Manual........  ..........  ........  .........  .........  ........  ...............
  (b) Preflight Inspection. The pilot must--.....................................  ..........  ........  .........  .........  ........  ...............
    (1) Conduct an actual visual inspection of the exterior and interior of the                                                                         
     airplane, locating each item and explaining briefly the purpose of                                                                                 
     inspecting it; and..........................................................  ..........  ........  .........  .........        X              X*  
    (2) Demonstrate the use of the prestart check list, appropriate control                                                                             
     system checks, starting procedures, radio and electronic equipment checks,                                                                         
     and the selection of proper navigation and communications radio facilities                                                                         
     and frequencies prior to flight.............................................  ..........  ........  .........         X   ........  ...............

[[Page 76]]

                                                                                                                                                        
If a flight engineer is a required crewmember for the particular type airplane,                                                                         
 the actual visual inspection may either be waived or it may be replaced by using                                                                       
 an approved pictorial means that realistically portrays the location and detail                                                                        
 of inspection items                                                                                                                                    
  (c) Taxiing. This maneuver includes taxiing, sailing, or docking procedures in                                                                        
   compliance with instructions issued by the appropriate traffic control                                                                               
   authority or by the FAA inspector or designated examiner......................  ..........        X   .........  .........  ........  ...............
  (d) Powerplant checks. As appropriate to the airplane type.....................  ..........  ........  .........         X   ........  ...............
II. Takeoffs:                                                                                                                                           
  (a) Normal. One normal takeoff which, for the purpose of this maneuver begins                                                                         
   when the airplane is taxied into position on the runway to be used............  ..........        X   .........  .........  ........  ...............
  *(b) Instrument. One takeoff with instrument conditions simulated at or before                                                                        
   reaching an altitude of 100 feet above the airport elevation..................           X  ........         X   .........  ........  ...............
  (c) Cross wind. One cross wind takeoff, if practical under the existing                                                                               
   meteorological, airport, and traffic conditions...............................  ..........       X*   .........  .........  ........  ...............
  *(d) Powerplant failure. One takeoff with a simulated failure of the most                                                                            
   critical powerplant--.........................................................  ..........  ........         X   .........  ........  ...............
    (1) At a point after V1 and before V2 that in the judgment of the person                                                                            
     conducting the check is appropriate to the airplane type under the                                                                                 
     prevailing conditions;......................................................  ..........  ........  .........  .........  ........  ...............
    (2) At a point as close as possible after V1 when V1 and V2 or V1 and VR!are                                                                        
     identical; or...............................................................  ..........  ........  .........  .........  ........  ...............
    (3) At the appropriate speed for nontransport category airplanes.............  ..........  ........  .........  .........  ........  ...............
For additional type rating in an airplane group with engines mounted in similar                                                                         
 positions or from wing-mounted engines to aft fuselage-mounted engines this                                                                            
 maneuver may be performed in a nonvisual simulator                                                                                                     
  (e) Rejected. A rejected takeoff performed in an airplane during a normal                                                                             
   takeoff run after reaching a reasonable speed determined by giving due                                                                               
   consideration to aircraft characteristics, runway length, surface conditions,                                                                        
   wind direction and velocity, brake heat energy, and any other pertinent                                                                              
   factors that may adversely affect safety or the airplane......................  ..........  ........  .........         X   ........             X*  
III. Instrument Procedures:                                                                                                                             
  *(a) Area departure and area arrival. During each of these maneuvers the                                                                              
   applicant must--..............................................................           X  ........  .........         X   ........             X*  
    (1) Adhere to actual or simulated ATC clearances (including assigned                                                                                
     radials); and...............................................................  ..........  ........  .........  .........  ........  ...............
    (2) Properly use available navigation facilities.............................  ..........  ........  .........  .........  ........  ...............
Either area arrival or area departure, but not both, may be waived under Sec.                                                                           
 61.157(c)                                                                                                                                              
  (b) Holding. This maneuver includes entering, maintaining, and leaving holding                                                                        
   patterns. It may be performed under either area departure or area arrival.....           X  ........  .........         X   ........             X*  
  (c) ILS and other instrument approaches. There must be the following:                                                                                 
    *(1) At least one normal ILS approach........................................           X  ........         X   .........  ........  ...............
    (2) At least one manually controlled ILS approach with a simulated failure                                                                         
     of one powerplant. The simulated failure should occur before initiating the                                                                        
     final approach course and must continue to touchdown or through the missed                                                                         
     approach procedure..........................................................           X  ........         X   .........  ........  ...............
However, either the normal ILS approach or the manually controlled ILS approach                                                                         
 must be performed in flight                                                                                                                            
  (3) At least one nonprecision approach procedure that is representative of the                                                                        
   nonprecision approach procedures that the applicant is likely to use..........           X  ........         X   .........  ........  ...............

[[Page 77]]

                                                                                                                                                        
  (4) Demonstration of at least one nonprecision approach procedure on a letdown                                                                        
   aid other than the approach procedure performed under subparagraph (3) of this                                                                       
   paragraph that the applicant is likely to use. If performed in a synthetic                                                                           
   instrument trainer, the procedures must be observed by the FAA inspector or                                                                          
   designated examiner, or if the applicant has completed an approved training                                                                          
   course under Part 121 of this chapter for the airplane type involved, the                                                                            
   procedures may be observed by a person qualified to act as an instructor or                                                                          
   check airman under that approved training program.............................           X  ........  .........  .........        X   ...............
Each instrument approach must be performed according to any procedures and                                                                              
 limitations approved for the approach facility used. The instrument approach                                                                           
 begins when the airplane is over the initial approach fix for the approach                                                                             
 procedure being used (or turned over to the final approach controller in the                                                                           
 case of GCA approach) and ends when the airplane touches down on the runway or                                                                         
 when transition to a missed approach configuration is completed. Instrument                                                                            
 conditions need not be simulated below 100' above touchdown zone elevation                                                                             
  (d) Circling approaches. At least one circling approach must be made under the                                                                        
   following conditions:.........................................................  ..........  ........         X   .........  ........             X*  
    (1) The portion of the circling approach to the authorized minimum circling                                                                         
     approach altitude must be made under simulated instrument conditions........           X  ........  .........  .........  ........  ...............
    (2) The approach must be made to the authorized minimum circling approach                                                                           
     altitude followed by a change in heading and the necessary maneuvering (by                                                                         
     visual reference) to maintain a flight path that permits a normal landing on                                                                       
     a runway at least 90 deg. from the final approach course of the simulated                                                                          
     instrument portion of the approach..........................................  ..........  ........  .........  .........  ........  ...............
    (3) The circling approach must be performed without excessive maneuvering,                                                                          
     and without exceeding the normal operating limits of the airplane. The angle                                                                       
     of bank should not exceed 30 deg............................................  ..........  ........  .........  .........  ........  ...............
When the maneuver is performed in an airplane, it may be waived as provided in                                                                          
 Sec.  61.157(c) if local conditions beyond the control of the pilot prohibit the                                                                       
 maneuver or prevent it from being performed as required                                                                                                
The circling approach maneuver is not required for a pilot employed by a                                                                                
 certificate holder subject to the operating rules of Part 121 of this chapter,                                                                         
 if the certificate holder's manual prohibits a circling approach in weather                                                                            
 conditions below 1000-3 (ceiling and visibility)                                                                                                       
  *(e) Missed approaches. Each applicant must perform at least two missed                                                                               
   approaches, with at least one missed approach from an ILS approach. A complete                                                                       
   approved missed approach procedure must be accomplished at least once and, at                                                                        
   the discretion of the FAA inspector or designated examiner, a simulated                                                                              
   powerplant failure may be required during any of the missed approaches. These                                                                        
   maneuvers may be performed either independently or in conjunction with                                                                               
   maneuvers required under sections III or V or this appendix. At least one must                                                                       
   be performed inflight.........................................................           X       X*         X*   .........  ........  ...............
IV. Inflight Maneuvers:                                                                                                                                 
  *(a) Steep turns. At least one steep turn in each direction must be performed.                                                                        
   Each steep turn must involve a bank angle of 45 deg. with a heading change of                                                                        
   at least 180 deg. but not more than 360 deg...................................           X  ........  .........         X   ........              X  
  *(b) Approaches to stalls. For the purpose of this maneuver the required                                                                              
   approach to a stall is reached when there is a perceptible buffet or other                                                                           
   response to the initial stall entry. Except as provided below, there must be                                                                         
   at least three approaches to stalls as follows:...............................           X  ........  .........         X   ........             X*  

[[Page 78]]

                                                                                                                                                        
    (1) One must be in the takeoff configuration (except where the airplane uses                                                                        
     only a zero-flap takeoff configuration).....................................  ..........  ........  .........  .........  ........  ...............
    (2) One in a clean configuration.............................................  ..........  ........  .........  .........  ........  ...............
    (3) One in a landing configuration...........................................  ..........  ........  .........  .........  ........  ...............
At the discretion of the FAA inspector or designated examiner, one approach to a                                                                        
 stall must be performed in one of the above configurations while in a turn with                                                                        
 a bank angle between 15 deg. and 30 deg.. Two out of the three approaches                                                                              
 required by this paragraph may be waived as provided in Sec.  61.157(c)                                                                                
  *(c) Specific flight characteristics. Recovery from specific flight                                                                                   
   characteristics that are peculiar to the airplane type........................  ..........  ........  .........         X   ........              X  
  (d) Powerplant failures. In addition to the specific requirements for maneuvers                                                                       
   with simulated powerplant failures, the FAA inspector or designated examiner                                                                         
   may require a simulated powerplant failure at any time during the check.......  ..........        X   .........  .........  ........  ...............
V. Landings and Approaches to Landings:                                                                                                                 
Notwithstanding the authorizations for combining of maneuvers and for waiver of                                                                         
 maneuvers, at least three actual landings (one to a full stop), must be made.                                                                          
 These landings must include the types listed below but more than one type can be                                                                       
 combined where appropriate:                                                                                                                            
  (a) Normal landing.............................................................  ..........        X   .........  .........  ........  ...............
  (b) Landing in sequence from an ILS instrument approach except that if                                                                               
   circumstances beyond the control of the pilot prevent an actual landing, the                                                                         
   person conducting the check may accept an approach to a point where in his                                                                           
   judgment a landing to a full stop could have been made. In addition, where a                                                                         
   simulator approved for the landing maneuver out of an ILS approach is used,                                                                          
   the approach may be continued through the landing and credit given for 1 of                                                                          
   the 3 landings required by this section.......................................  ..........  ........        X*   .........  ........  ...............
  (c) Cross wind landing, if practical under existing meteorological, airport,                                                                          
   and traffic conditions........................................................  ..........       X*   .........  .........  ........  ...............
  (d) Maneuvering to a landing with simulated powerplant failure, as follows:...  ..........  ........        X*   .........  ........  ...............
    (1) In the case of 3-engine airplanes, maneuvering to a landing with an                                                                             
     approved procedure that approximates the loss of 2 powerplants (center and 1                                                                       
     outboard engine); or........................................................  ..........  ........  .........  .........  ........  ...............
    (2) In the case of other multiengine airplanes, maneuvering to a landing with                                                                       
     a simulated failure of 50 percent of available powerplants, with the                                                                               
     simulated loss of power on one side of the airplane. However, before Jan. 1,                                                                       
     1975, in the case of a 4-engine turbojet-powered airplane, maneuvering to a                                                                        
     landing with a simulated failure of the most critical powerplant may be                                                                            
     substituted therefor, if a flight instructor in an approved training program                                                                       
     under pt. 121 of this chapter certifies to the Administrator that he has                                                                           
     observed the applicant satisfactorily perform a landing in that type                                                                               
     airplane with a simulated failure of 50 percent of the available                                                                                   
     powerplants. The substitute maneuver may not be used if the Administrator                                                                          
     determines that training in the 2-engine out landing maneuver provided in                                                                          
     the training program is unsatisfactory......................................  ..........  ........  .........  .........  ........  ...............

[[Page 79]]

                                                                                                                                                        
If an applicant performs this maneuver in a visual simulator, he must, in                                                                               
 addition, maneuver in flight to a landing with a simulated failure of the most                                                                         
 critical powerplant                                                                                                                                    
  *(e) Except as provided in par. (f), landing under simulated circling approach                                                                        
   conditions except that if circumstances beyond the control of the pilot                                                                              
   prevent a landing, the person conducting the check may accept an approach to a                                                                       
   point where, in his judgment, a landing to a fuel stop could have been made...  ..........  ........         X   .........  ........  ...............
The circling approach maneuver is not required for a pilot employed by a                                                                                
 certificate holder subject to the operating rules of pt. 121 of this chapter, if                                                                       
 the certificate holder's manual prohibits a circling approach in weather                                                                               
 conditions below 1000-3 (ceiling and visibility)                                                                                                       
  *(f) A rejected landing, including a normal missed approach procedure, that is                                                                       
   rejected approximately 50' over the runway and approximately over the runway                                                                         
   threshold. This maneuver may be combined with instrument, circling, or missed                                                                        
   approach procedures, but instrument conditions need not be simulated below                                                                           
   100' above the runway.........................................................          X*  ........        X*   .........  ........  ...............
  (g) A zero-flap visual approach to a point where, in the judgment of the                                                                             
   person conducting the check, a landing to a full stop on the appropriate                                                                             
   runway could be made. This maneuver is not required for a particular airplane                                                                        
   type if the Administrator has determined that the probability of flap                                                                                
   extension failure on that type is extremely remote due to system design. In                                                                          
   making this determination, the Administrator determines whether checking on                                                                          
   slats only and partial flap approaches is necessary...........................  ..........  ........        X*   .........  ........  ...............
  (h) For a single powerplant rating only, unless the applicant holds a                                                                                 
   commercial pilot certificate, he must accomplish accuracy approaches and spot                                                                        
   landings that include a series of three landings from an altitude of 1,000' or                                                                       
   less, with the engine throttled and 180 deg. change in direction. The airplane                                                                       
   must touch the ground in a normal landing attitude beyond and within 200' from                                                                       
   a designated line. At least one landing must be from a forward slip. One                                                                             
   hundred eighty degree approaches using two 90 deg. turns with a straight base                                                                        
   leg are preferred although circular approaches are acceptable.................  ..........        X   .........  .........  ........  ...............
VI. Normal and Abnormal Procedures. Each applicant must demonstrate the proper                                                                          
 use of as many of the systems and devices listed below as the FAA inspector or                                                                         
 designated examiner finds are necessary to determine that the person being                                                                             
 checked has a practical knowledge of the use of the systems and devices                                                                                
 appropriate to the aircraft type:                                                                                                                      
  (a) Anti-icing and deicing systems.............................................  ..........  ........  .........         X   ........  ...............
  (b) Auto-pilot systems.........................................................  ..........  ........  .........         X   ........  ...............
  (c) Automatic or other approach aid systems....................................  ..........  ........  .........         X   ........  ...............
  (d) Stall warning devices, stall avoidance devices, and stability augmentation                                                                        
   devices.......................................................................  ..........  ........  .........         X   ........  ...............
  (e) Airborne radar devices.....................................................  ..........  ........  .........         X   ........  ...............
  (f) Any other systems, devices, or aids available..............................  ..........  ........  .........         X   ........  ...............
  (g) Hydraulic and electrical system failures and malfunctions..................  ..........  ........  .........  .........        X   ...............
  (h) Landing gear and flap systems failures or malfunctions.....................  ..........  ........  .........  .........        X   ...............
  (i) Failure of navigation or communications equipment..........................  ..........  ........  .........         X   ........  ...............
VII. Emergency Procedures. Each applicant must demonstrate the proper emergency                                                                         
 procedures for as many of the emergency situations listed below as the FAA                                                                             
 inspector or designated examiner finds are necessary to determine that the                                                                             
 person being checked has an adequate knowledge of, and ability to perform, such                                                                        
 procedures:                                                                                                                                            
  (a) Fire inflight..............................................................  ..........  ........  .........         X   ........  ...............
  (b) Smoke control..............................................................  ..........  ........  .........         X   ........  ...............
  (c) Rapid decompression........................................................  ..........  ........  .........         X   ........  ...............
  (d) Emergency descent..........................................................  ..........  ........  .........         X   ........  ...............

[[Page 80]]

                                                                                                                                                        
  (e) Any other emergency procedures outlined in the appropriate approved                                                                               
   airplane flight manual........................................................  ..........  ........  .........         X   ........  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

[Doc. No. 9509, 35 FR 88, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as 
amended by Amdt. 61-56, 37 FR 10729, May 27, 1972; Amdt. 61-57, 37 FR 
12716, June 28, 1972; Amdt. 61-62, 38 FR 35445, Dec. 28, 1973; Amdt. 61-
77, 51 FR 40705, Nov. 7, 1986; Amdt. 61-100, 61 FR 34560, July 2, 1996]



PART 63--CERTIFICATION: FLIGHT CREWMEMBERS OTHER THAN PILOTS--Table of Contents




                  Special Federal Aviation Regulations

SFAR 58 [Note]
SFAR 63

                           Subpart A--General

Sec.
63.1  Applicability.
63.2  Certification of foreign flight crewmembers other than pilots.
63.3  Certificates and ratings required.
63.11  Application and issue.
63.12  Offenses involving alcohol or drugs.
63.12a  Refusal to submit to an alcohol test or to furnish test results.
63.12b  Refusal to submit to a drug or alcohol test.
63.13  Temporary certificate.
63.15  Duration of certificates.
63.15a  [Reserved]
63.16  Change of name; replacement of lost or destroyed certificate.
63.17  Tests: General procedure.
63.18  Written tests: Cheating or other unauthorized conduct.
63.19  Operations during physical deficiency.
63.20  Applications, certificates, logbooks, reports, and records; 
          falsification, reproduction, or alteration.
63.21  Change of address.
63.23  Special purpose flight engineer and flight navigator 
          certificates: Operation of U.S.-registered civil airplanes 
          leased by a person not a U.S. citizen.

                       Subpart B--Flight Engineers

63.31  Eligibility requirements; general.
63.33  Aircraft ratings.
63.35  Knowledge requirements.
63.37  Aeronautical experience requirements.
63.39  Skill requirements.
63.41  Retesting after failure.
63.42  Flight engineer certificate issued on basis of a foreign flight 
          engineer license.
63.43  Flight engineer courses.

                      Subpart C--Flight Navigators

63.51  Eligibility requirements; general.
63.53  Knowledge requirements.
63.55  Experience requirements.
63.57  Skill requirements.
63.59  Retesting after failure.
63.61  Flight navigator courses.

Appendix A to Part 63--Test Requirements for Flight Navigator 
          Certificate
Appendix B to Part 63--Flight Navigator Training Course Requirements
Appendix C to Part 63--Flight Engineer Training Course Requirements

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

                  Special Federal Aviation Regulations

                               SFAR No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

  SFAR No. 63--Relief For Participants in Operation Desert Shield/Storm

                                Sections

    1. Applicability.
    2. Required documents.
    3. Expiration date.
    1. Applicability. Contrary provisions of part 63 notwithstanding, 
under the procedures prescribed herein, Flight Standards District 
Offices (FSDO) are authorized to accept an expired written test report 
to show eligibility under Secs. 63.33 and 63.57 to take a flight/
practical test, provided--
    a. It is submitted by a civilian or military person who served in 
support of Operation Desert Shield/Storm during the time period from 
August 2, 1990 to December 31, 1992;
    b. The person's airman written test report expired within the time 
period from 60 days prior to assignment to 60 days after reassignment 
from support of Operation Desert Shield/Storm; and
    c. The person completes the required flight/practical test within 6 
calendar

[[Page 81]]

months following the date of reassignment from Operation Desert Shield/
Storm or by December 31, 1992, whichever date is sooner.
    2. Required documents. The FSDO and applicant shall include one of 
the following documents with the airman application, and the documents 
must show the dates of assignment to and reassignment from support of 
Operation Desert Shield/Storm:
    a. Official government documents showing the person was a civilian 
on official duty for the United States Government in support of 
Operation Desert Shield/Storm during the time period from August 2, 1990 
to December 31, 1992;
    b. Military orders showing the person was a member of the uniformed 
services assigned to duty in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992;
    c. Military orders showing the person was an active member of the 
National Guard or Reserve called to active duty in support of Operation 
Desert Shield/Storm during the time period from August 2, 1990 to 
December 31, 1992; or
    d. A letter from the unit commander providing inclusive dates during 
which the person served in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992.
    3. Expiration date. This SFAR expires December 31, 1992, unless 
sooner superseded or rescinded.

[SFAR 63, 56 FR 27163, June 12, 1991]



                           Subpart A--General

    Source: Docket No. 1179, 27 FR 7969, Aug. 10, 1962, unless otherwise 
noted.



Sec. 63.1   Applicability.

    This part prescribes the requirements for issuing flight engineer 
and flight navigator certificates and the general operating rules for 
holders of those certificates.



Sec. 63.2  Certification of foreign flight crewmembers other than pilots.

    A person who is neither a United States citizen nor a resident alien 
is issued a certificate under this part (other than under Sec. 63.23 or 
Sec. 63.42) outside the United States only when the Administrator finds 
that the certificate is needed for the operation of a U.S.-registered 
civil aircraft.

(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations Act 
of 1952 (31 U.S.C. 483(a)); sec. 28, International Air Transportation 
Competition Act of 1979 (49 U.S.C. 1159(b)))

[Doc. No. 22052, 47 FR 35693, Aug. 18, 1982]



Sec. 63.3   Certificates and ratings required.

    (a) No person may act as a flight engineer of a civil aircraft of 
U.S. registry unless he has in his personal possession a current flight 
engineer certificate with appropriate ratings issued to him under this 
part and a second-class (or higher) medical certificate issued to him 
under part 67 of this chapter within the preceding 12 months. However, 
when the aircraft is operated within a foreign country, a current flight 
engineer certificate issued by the country in which the aircraft is 
operated, with evidence of current medical qualification for that 
certificate, may be used. Also, in the case of a flight engineer 
certificate issued under Sec. 63.42, evidence of current medical 
qualification accepted for the issue of that certificate is used in 
place of a medical certificate.
    (b) No person may act as a flight navigator of a civil aircraft of 
U.S. registry unless he has in his personal possession a current flight 
navigator certificate issued to him under this part and a second-class 
(or higher) medical certificate issued to him under part 67 of this 
chapter within the preceding 12 months. However, when the aircraft is 
operated within a foreign country, a current flight navigator 
certificate issued by the country in which the aircraft is operated, 
with evidence of current medical qualification for that certificate, may 
be used.
    (c) Each person who holds a flight engineer or flight navigator 
certificate, or medical certificate, shall present either or both for 
inspection upon the request of the Administrator or an authorized 
representative of the National

[[Page 82]]

Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.

(Secs. 3, 6, 9, 80 Stat. 931, 49 U.S.C. 1652, 1655, 1657)

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-1, 27 
FR 10410, Oct. 25, 1962; Amdt. 63-3, 30 FR 14559, Nov. 23, 1965; Amdt. 
63-7, 31 FR 13523, Oct. 20, 1966; Doc. No. 8084, 32 FR 5769, Apr. 11, 
1967; Amdt. 63-9, 33 FR 18613, Dec. 17, 1968; Amdt. 63-11, 35 FR 5320, 
Mar. 31, 1970]



Sec. 63.11  Application and issue.

    (a) An application for a certificate and appropriate class rating, 
or for an additional rating, under this part must be made on a form and 
in a manner prescribed by the Administrator. Each person who is neither 
a United States citizen nor a resident alien and applies for a written 
or practical test to be administered outside the United States for any 
certificate or rating issued under this part must show evidence that the 
fee prescribed in appendix A of part 187 of this chapter has been paid.
    (b) An applicant who meets the requirements of this part is entitled 
to an appropriate certificate and appropriate class ratings.
    (c) Unless authorized by the Administrator, a person whose flight 
engineer certificate is suspended may not apply for any rating to be 
added to that certificate during the period of suspension.
    (d) Unless the order of revocation provides otherwise, a person 
whose flight engineer or flight navigator certificate is revoked may not 
apply for the same kind of certificate for 1 year after the date of 
revocation.

(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations Act 
of 1952 (31 U.S.C. 483(a)); sec. 28, International Air Transportation 
Competition Act of 1979 (49 U.S.C. 1159(b)))

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-3, 30 
FR 14559, Nov. 23, 1965; Amdt. 63-7, 31 FR 13523, Oct. 20, 1966; Amdt. 
63-22, 47 FR 35693, Aug. 16, 1982]



Sec. 63.12  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or state statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marihuana, 
or depressant or stimulant drugs or substances is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of final 
conviction; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (b) The commission of an act prohibited by Sec. 91.17(a) or 
Sec. 91.19(a) of this chapter is grounds for--
    (1) Denial of an application for a certificate or rating issued 
under this part for a period of up to 1 year after the date of that act; 
or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 63-27, 
54 FR 34330, Aug. 18, 1989]



Sec. 63.12a  Refusal to submit to an alcohol test or to furnish test results.

    A refusal to submit to a test to indicate the percentage by weight 
of alcohol in the blood, when requested by a law enforcement officer in 
accordance with Sec. 91.11(c) of this chapter, or a refusal to furnish 
or authorize the release of the test results when requested by the 
Administrator in accordance with Sec. 91.17 (c) or (d) of this chapter, 
is grounds for--
    (a) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of that 
refusal; or
    (b) Suspension or revocation of any certificate or rating issued 
under this part.

[Docket No. 21956, 51 FR 1229, Jan. 9, 1986, as amended by Amdt. 63-27, 
54 FR 34330, Aug. 18, 1989]



Sec. 63.12b  Refusal to submit to a drug or alcohol test.

    (a) This section applies to an employee who performs a function 
listed in appendix I or appendix J to part 121 of this chapter directly 
or by contract for a part 121 certificate holder, a part 135 certificate 
holder, or an operator as defined in Sec. 135.1(c) of this chapter.

[[Page 83]]

    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of such 
refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Amdt. 63-29, 59 FR 7389, Feb. 15, 1994]



Sec. 63.13   Temporary certificate.

    A certificate effective for a period of not more than 120 days may 
be issued to a qualified applicant, pending review of his application 
and supplementary documents and the issue of the certificate for which 
he applied.

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec. 63.15  Duration of certificates.

    (a) Except as provided in Sec. 63.23 and paragraph (b) of this 
section, a certificate or rating issued under this part is effective 
until it is surrendered, suspended, or revoked.
    (b) A flight engineer certificate (with any amendment thereto) 
issued under Sec. 63.42 expires at the end of the 24th month after the 
month in which the certificate was issued or renewed. However, the 
holder may exercise the privileges of that certificate only while the 
foreign flight engineer license on which that certificate is based is 
effective.
    (c) Any certificate issued under this part ceases to be effective if 
it is surrendered, suspended, or revoked. The holder of any certificate 
issued under this part that is suspended or revoked shall, upon the 
Administrator's request, return it to the Administrator.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313, 601, 602, Federal 
Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, and 1422); sec. 
6(c), Department of Transportation Act (49 U.S.C. 1655(c)); Title V, 
Independent Offices Appropriations Act of 1952 (31 U.S.C. 483(a)); sec. 
28, International Air Transportation Competition Act of 1979 (49 U.S.C. 
1159(b)))

[Doc. No. 8846, 33 FR 18613, Dec. 17, 1968, as amended by Amdt. 63-22, 
47 FR 35693, Aug. 16, 1982]
Sec. 63.15a  [Reserved]



Sec. 63.16   Change of name; replacement of lost or destroyed certificate.

    (a) An application for a change of name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and the marriage license, court order, or other document 
verifying the change. The documents are returned to the applicant after 
inspection.
    (b) An application for a replacement of a lost or destroyed 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Airman Certification Branch, Post 
Office Box 25082, Oklahoma City, OK 73125. The letter must--
    (1) Contain the name in which the certificate was issued, the 
permanent mailing address (including zip code), social security number 
(if any), and date and place of birth of the certificate holder, and any 
available information regarding the grade, number, and date of issue of 
the certificate, and the ratings on it; and
    (2) Be accompanied by a check or money order for $2, payable to the 
Federal Aviation Administration.
    (c) An application for a replacement of a lost or destroyed medical 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Civil Aeromedical Institute, 
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, 
OK 73125, accompanied by a check or money order for $2.00.
    (d) A person whose certificate issued under this part or medical 
certificate, or both, has been lost may obtain a telegram from the 
Federal Aviation Administration confirming that it was issued. The 
telegram may be carried as a certificate for a period not to exceed 60 
days pending his receiving a duplicate under paragraph (b) or (c) of 
this section, unless he has been notified that the certificate has been 
suspended or revoked. The request for such a telegram may be made by 
prepaid telegram, stating the date upon which a duplicate certificate 
was requested, or including the request for a duplicate and a money 
order for the necessary amount. The request for a telegraphic 
certificate should be sent to the office

[[Page 84]]

prescribed in paragraph (b) or (c) of this section, as appropriate. 
However, a request for both at the same time should be sent to the 
office prescribed in paragraph (b) of this section.

[Doc. No. 7258, 31 FR 13523, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 63-12, 35 FR 14075, Sept. 4, 1970; 
Amdt. 63-13, 36 FR 28654, Feb. 11, 1971]



Sec. 63.17   Tests: General procedure.

    (a) Tests prescribed by or under this part are given at times and 
places, and by persons, designated by the Administrator.
    (b) The minimum passing grade for each test is 70 percent.



Sec. 63.18   Written tests: Cheating or other unauthorized conduct.

    (a) Except as authorized by the Administrator, no person may--
    (1) Copy, or intentionally remove, a written test under this part;
    (2) Give to another, or receive from another, any part or copy of 
that test;
    (3) Give help on that test to, or receive help on that test from, 
any person during the period that test is being given.
    (4) Take any part of that test in behalf of another person;
    (5) Use any material or aid during the period that test is being 
given; or
    (6) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) No person who commits an act prohibited by paragraph (a) of this 
section is eligible for any airman or ground instructor certificate or 
rating under this chapter for a period of 1 year after the date of that 
act. In addition, the commission of that act is a basis for suspending 
or revoking any airman or ground instructor certificate or rating held 
by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec. 63.19   Operations during physical deficiency.

    No person may serve as a flight engineer or flight navigator during 
a period of known physical deficiency, or increase in physical 
deficiency, that would make him unable to meet the physical requirements 
for his current medical certificate.



Sec. 63.20   Applications, certificates, logbooks, reports, and records; falsification, reproduction, or alteration.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate or rating under this part;
    (2) Any fraudulent or intentionally false entry in any logbook, 
record, or report that is required to be kept, made, or used, to show 
compliance with any requirement for any certificate or rating under this 
part;
    (3) Any reproduction, for fraudulent purpose, of any certificate or 
rating under this part; or
    (4) Any alteration of any certificate or rating under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a) of this section is a basis for suspending or revoking any 
airman or ground instructor certificate or rating held by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec. 63.21   Change of address.

    Within 30 days after any change in his permanent mailing address, 
the holder of a certificate issued under this part shall notify the 
Department of Transportation, Federal Aviation Administration, Airman 
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in 
writing, of his new address.

[Doc. No. 10536, 35 FR 14075, Sept. 4, 1970]



Sec. 63.23  Special purpose flight engineer and flight navigator certificates: Operation of U.S.-registered civil airplanes leased by a person not a U.S. 
          citizen.

    (a) General. The holder of a current foreign flight engineer or 
flight navigator certificate, license, or authorization issued by a 
foreign contracting State to the Convention on International Civil 
Aviation, who meets the requirements of this section, may hold a special 
purpose flight engineer or flight navigator certificate, as appropriate, 
authorizing the holder to perform flight engineer or flight navigator 
duties on a civil airplane of U.S. registry, leased to a person not a 
citizen of

[[Page 85]]

the United States, carrying persons or property for compensation or 
hire. Special purpose flight engineer and flight navigator certificates 
are issued under this section only for airplane types that can have a 
maximum passenger seating configuration, excluding any flight crewmember 
seat, of more than 30 seats or a maximum payload capacity (as defined in 
Sec. 135.2(e) of this chapter) of more than 7,500 pounds.
    (b) Eligibility. To be eligible for the issuance, or renewal, of a 
certificate under this section, an applicant must present the following 
to the Administrator:
    (1) A current foreign flight engineer or flight navigator 
certificate, license, or authorization issued by the aeronautical 
authority of a foreign contracting State to the Convention on 
International Civil Aviation or a facsimile acceptable to the 
Administrator. The certificate or license must authorize the applicant 
to perform the flight engineer or flight navigator duties to be 
authorized by a certificate issued under this section on the same 
airplane type as the leased airplane.
    (2) A current certification by the lessee of the airplane--
    (i) Stating that the applicant is employed by the lessee;
    (ii) Specifying the airplane type on which the applicant will 
perform flight engineer or flight navigator duties; and
    (iii) Stating that the applicant has received ground and flight 
instruction which qualifies the applicant to perform the duties to be 
assigned on the airplane.
    (3) Documentation showing that the applicant currently meets the 
medical standards for the foreign flight engineer or flight navigator 
certificate, license, or authorization required by paragraph (b)(1) of 
this section, except that a U.S. medical certificate issued under part 
67 of this chapter is not evidence that the applicant meets those 
standards unless the State which issued the applicant's foreign flight 
engineer or flight navigator certificate, license, or authorization 
accepts a U.S. medical certificate as evidence of medical fitness for a 
flight engineer or flight navigator certificate, license, or 
authorization.
    (c) Privileges. The holder of a special purpose flight engineer or 
flight navigator certificate issued under this section may exercise the 
same privileges as those shown on the certificate, license, or 
authorization specified in paragraph (b)(1) of this section, subject to 
the limitations specified in this section.
    (d) Limitations. Each certificate issued under this section is 
subject to the following limitations:
    (1) It is valid only--
    (i) For flights between foreign countries and for flights in foreign 
air commerce;
    (ii) While it and the certificate, license, or authorization 
required by paragraph (b)(1) of this section are in the certificate 
holder's personal possession and are current;
    (iii) While the certificate holder is employed by the person to whom 
the airplane described in the certification required by paragraph (b)(2) 
of this section is leased;
    (iv) While the certificate holder is performing flight engineer or 
flight navigator duties on the U.S.-registered civil airplane described 
in the certification required by paragraph (b)(2) of this section; and
    (v) While the medical documentation required by paragraph (b)(3) of 
this section is in the certificate holder's personal possession and is 
currently valid.
    (2) Each certificate issued under this section contains the 
following:
    (i) The name of the person to whom the U.S.-registered civil 
airplane is leased.
    (ii) The type of airplane.
    (iii) The limitation: ``Issued under, and subject to, Sec. 63.23 of 
the Federal Aviation Regulations.''
    (iv) The limitation: ``Subject to the privileges and limitations 
shown on the holder's foreign flight (engineer or navigator) 
certificate, license, or authorization.''
    (3) Any additional limitations placed on the certificate which the 
Administrator considers necessary.
    (e) Termination. Each special purpose flight engineer or flight 
navigator certificate issued under this section terminates--
    (1) When the lease agreement for the airplane described in the 
certification

[[Page 86]]

required by paragraph (b)(2) of this section terminates;
    (2) When the foreign flight engineer or flight navigator 
certificate, license, or authorization, or the medical documentation 
required by paragraph (b) of this section is suspended, revoked, or no 
longer valid; or
    (3) After 24 months after the month in which the special purpose 
flight engineer or flight navigator certificate was issued.
    (f) Surrender of certificate. The certificate holder shall surrender 
the special purpose flight engineer or flight navigator certificate to 
the Administrator within 7 days after the date it terminates.
    (g) Renewal. The certificate holder may have the certificate renewed 
by complying with the requirements of paragraph (b) of this section at 
the time of application for renewal.

(Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; as amended 
(49 U.S.C. 1354(a), 1421, and 1422); sec. 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 19300, 45 FR 5672, Jan. 24, 1980]



                       Subpart B--Flight Engineers

    Authority: Secs. 313(a), 601, and 602, Federal Aviation Act of 1958; 
49 U.S.C. 1354, 1421, 1422.

    Source: Docket No. 6458, 30 FR 14559, Nov. 23, 1965, unless 
otherwise noted.



Sec. 63.31   Eligibility requirements; general.

    To be eligible for a flight engineer certificate, a person must--
    (a) Be at least 21 years of age;
    (b) Be able to read, speak, and understand the English language, or 
have an appropriate limitation placed on his flight engineer 
certificate;
    (c) Hold at least a second-class medical certificate issued under 
part 67 of this chapter within the 12 months before the date he applies, 
or other evidence of medical qualification accepted for the issue of a 
flight engineer certificate under Sec. 63.42; and
    (d) Comply with the requirements of this subpart that apply to the 
rating he seeks.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 6458, 30 FR 14559, Nov. 23, 1965, as amended by Amdt. 63-9, 33 
FR 18614, Dec. 17, 1968]



Sec. 63.33   Aircraft ratings.

    (a) The aircraft class ratings to be placed on flight engineer 
certificates are--
    (1) Reciprocating engine powered;
    (2) Turbopropeller powered; and
    (3) Turbojet powered.
    (b) To be eligible for an additional aircraft class rating after his 
flight engineer certificate with a class rating is issued to him, an 
applicant must pass the written test that is appropriate to the class of 
airplane for which an additional rating is sought, and--
    (1) Pass the flight test for that class of aircraft; or
    (2) Satisfactorily complete an approved flight engineer training 
program that is appropriate to the additional class rating sought.



Sec. 63.35   Knowledge requirements.

    (a) An applicant for a flight engineer certificate must pass a 
written test on the following:
    (1) The regulations of this chapter that apply to the duties of a 
flight engineer.
    (2) The theory of flight and aerodynamics.
    (3) Basic meteorology with respect to engine operations.
    (4) Center of gravity computations.
    (b) An applicant for the original or additional issue of a flight 
engineer class rating must pass a written test for that airplane class 
on the following:
    (1) Preflight.
    (2) Airplane equipment.
    (3) Airplane systems.
    (4) Airplane loading.
    (5) Airplane procedures and engine operations with respect to 
limitations.
    (6) Normal operating procedures.
    (7) Emergency procedures.
    (8) Mathematical computation of engine operations and fuel 
consumption.

[[Page 87]]

    (c) Before taking the written tests prescribed in paragraphs (a) and 
(b) of this section, an applicant for a flight engineer certificate must 
present satisfactory evidence of having completed one of the experience 
requirements of Sec. 63.37. However, he may take the written tests 
before acquiring the flight training required by Sec. 63.37.
    (d) An applicant for a flight engineer certificate or rating must 
have passed the written tests required by paragraphs (a) and (b) of this 
section since the beginning of the 24th calendar month before the month 
in which the flight is taken. However, this limitation does not apply to 
an applicant for a flight engineer certificate or rating if--
    (1) The applicant--
    (i) Within the period ending 24 calendar months after the month in 
which the applicant passed the written test, is employed as a flight 
crewmember or mechanic by a U.S. air carrier or commercial operator 
operating either under part 121 or as a commuter air carrier under part 
135 (as defined in part 298 of this title) and is employed by such a 
certificate holder at the time of the flight test;
    (ii) If employed as a flight crewmember, has completed initial 
training, and, if appropriate, transition or upgrade training; and
    (iii) Meets the recurrent training requirements of the applicable 
part or, for mechanics, meets the recency of experience requirements of 
part 65; or
    (2) Within the period ending 24 calendar months after the month in 
which the applicant passed the written test, the applicant participated 
in a flight engineer or maintenance training program of a U.S. scheduled 
military air transportation service and is currently participating in 
that program.
    (e) An air carrier or commercial operator with an approved training 
program under part 121 of this chapter may, when authorized by the 
Administrator, provide as part of that program a written test that it 
may administer to satisfy the test required for an additional rating 
under paragraph (b) of this section.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655; secs. 313(a), 601 through 605 of 
the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421 through 1425); 
sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); and 14 
CFR 11.49)

[Doc. No. 1179, 27 FR 7969, Aug. 10, 1962, as amended by Amdt. 63-17, 40 
FR 32830, Aug. 5, 1975; Doc. 63-21, 47 FR 13316, Mar. 29, 1982]



Sec. 63.37   Aeronautical experience requirements.

    (a) Except as otherwise specified therein, the flight time used to 
satisfy the aeronautical experience requirements of paragraph (b) of 
this section must have been obtained on an airplane--
    (1) On which a flight engineer is required by this chapter; or
    (2) That has at least three engines that are rated at least 800 
horsepower each or the equivalent in turbine-powered engines.
    (b) An applicant for a flight engineer certificate with a class 
rating must present, for the class rating sought, satisfactory evidence 
of one of the following:
    (1) At least 3 years of diversified practical experience in aircraft 
and aircraft engine maintenance (of which at least 1 year was in 
maintaining multiengine aircraft with engines rated at least 800 
horsepower each, or the equivalent in turbine engine powered aircraft), 
and at least 5 hours of flight training in the duties of a flight 
engineer.
    (2) Graduation from at least a 2-year specialized aeronautical 
training course in maintaining aircraft and aircraft engines (of which 
at least 6 calendar months were in maintaining multiengine aircraft with 
engines rated at least 800 horsepower each or the equivalent in turbine 
engine powered aircraft), and at least 5 hours of flight training in the 
duties of a flight engineer.
    (3) A degree in aeronautical, electrical, or mechanical engineering 
from a recognized college, university, or engineering school; at least 6 
calendar months of practical experience in

[[Page 88]]

maintaining multiengine aircraft with engines rated at least 800 
horsepower each, or the equivalent in turbine engine powered aircraft; 
and at least 5 hours of flight training in the duties of a flight 
engineer.
    (4) At least a commercial pilot certificate with an instrument 
rating and at least 5 hours of flight training in the duties of a flight 
engineer.
    (5) At least 200 hours of flight time in a transport category 
airplane (or in a military airplane with at least two engines and at 
least equivalent weight and horsepower) as pilot in command or second in 
command performing the functions of a pilot in command under the 
supervision of a pilot in command.
    (6) At least 100 hours of flight time as a flight engineer.
    (7) Within the 90-day period before he applies, successful 
completion of an approved flight engineer ground and flight course of 
instruction as provided in appendix C of this part.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 6458, 30 FR 14559, Nov. 23, 1965, as amended by Amdt. 63-5, 31 
FR 9047, July 1, 1966; Amdt. 63-17, 40 FR 32830, Aug. 5, 1975]



Sec. 63.39   Skill requirements.

    (a) An applicant for a flight engineer certificate with a class 
rating must pass a practical test on the duties of a flight engineer in 
the class of airplane for which a rating is sought. The test may only be 
given on an airplane specified in Sec. 63.37(a).
    (b) The applicant must--
    (1) Show that he can satisfactorily perform preflight inspection, 
servicing, starting, pretakeoff, and postlanding procedures;
    (2) In flight, show that he can satisfactorily perform the normal 
duties and procedures relating to the airplane, airplane engines, 
propellers (if appropriate), systems, and appliances; and
    (3) In flight, in an airplane simulator, or in an approved flight 
engineer training device, show that he can satisfactorily perform 
emergency duties and procedures and recognize and take appropriate 
action for malfunctions of the airplane, engines, propellers (if 
appropriate), systems and appliances.



Sec. 63.41   Retesting after failure.

    An applicant for a flight engineer certificate who fails a written 
test or practical test for that certificate may apply for retesting--
    (a) After 30 days after the date he failed that test; or
    (b) After he has received additional practice or instruction 
(flight, synthetic trainer, or ground training, or any combination 
thereof) that is necessary, in the opinion of the Administrator or the 
applicant's instructor (if the Administrator has authorized him to 
determine the additional instruction necessary) to prepare the applicant 
for retesting.



Sec. 63.42   Flight engineer certificate issued on basis of a foreign flight engineer license.

    (a) Certificates issued. The holder of a current foreign flight 
engineer license issued by a contracting State to the Convention on 
International Civil Aviation, who meets the requirements of this 
section, may have a flight engineer certificate issued to him for the 
operation of civil aircraft of U.S. registry. Each flight engineer 
certificate issued under this section specifies the number and State of 
issuance of the foreign flight engineer license on which it is based. If 
the holder of the certificate cannot read, speak, or understand the 
English language, the Administrator may place any limitation on the 
certificate that he considers necessary for safety.
    (b) Medical standards and certification. An applicant must submit 
evidence that he currently meets the medical standards for the foreign 
flight engineer license on which the application for a certificate under 
this section is based. A current medical certificate issued under part 
67 of this chapter will be excepted as evidence that the applicant meets 
those standards. However, a medical certificate issued under part 67 of 
this chapter is not evidence that the applicant meets those standards 
outside the United States unless the State that issued the applicant's 
foreign flight engineer license also accepts that medical certificate as 
evidence of the applicant's physical fitness for his foreign flight 
engineer license.

[[Page 89]]

    (c) Ratings issued. Aircraft class ratings listed on the applicant's 
foreign flight engineer license, in addition to any issued to him after 
testing under the provisions of this part, are placed on the applicant's 
flight engineer certificate. An applicant without an aircraft class 
rating on his foreign flight engineer license may be issued a class 
rating if he shows that he currently meets the requirements for 
exercising the privileges of his foreign flight engineer license on that 
class of aircraft.
    (d) Privileges and limitations. The holder of a flight engineer 
certificate issued under this section may act as a flight engineer of a 
civil aircraft of U.S. registry subject to the limitations of this part 
and any additional limitations placed on his certificate by the 
Administrator. He is subject to these limitations while he is acting as 
a flight engineer of the aircraft within or outside the United States. 
However, he may not act as flight engineer or in any other capacity as a 
required flight crewmember, of a civil aircraft of U.S. registry that is 
carrying persons or property for compensation or hire.
    (e) Renewal of certificate and ratings. The holder of a certificate 
issued under this section may have that certificate and the ratings 
placed thereon renewed if, at the time of application for renewal, the 
foreign flight engineer license on which that certificate is based is in 
effect. Application for the renewal of the certificate and ratings 
thereon must be made before the expiration of the certificate.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 8846, 33 FR 18614, Dec. 17, 1968, as amended by Amdt. 63-20, 
45 FR 5673, Jan. 24, 1980]



Sec. 63.43   Flight engineer courses.

    An applicant for approval of a flight engineer course must submit a 
letter to the Administrator requesting approval, and must also submit 
three copies of each course outline, a description of the facilities and 
equipment, and a list of the instructors and their qualifications. An 
air carrier or commercial operator with an approved flight engineer 
training course under part 121 of this chapter may apply for approval of 
a training course under this part by letter without submitting the 
additional information required by this paragraph. Minimum requirements 
for obtaining approval of a flight engineer course are set forth in 
appendix C of this part.



                      Subpart C--Flight Navigators

    Authority: Secs. 313(a), 314, 601, and 607; 49 U.S.C. 1354(a), 1355, 
1421, and 1427.

    Source: Docket No. 1179, 27 FR 7970, Aug. 10, 1962, unless otherwise 
noted.



Sec. 63.51   Eligibility requirements; general.

    To be eligible for a flight navigator certificate, a person must--
    (a) Be at least 21 years of age;
    (b) Be able to read, write, speak, and understand the English 
language;
    (c) Hold at least a second-class medical certificate issued under 
part 67 of this chapter within the 12 months before the date he applies; 
and
    (d) Comply with Secs. 63.53, 63.55, and 63.57.



Sec. 63.53   Knowledge requirements.

    (a) An applicant for a flight navigator certificate must pass a 
written test on--
    (1) The regulations of this chapter that apply to the duties of a 
flight navigator;
    (2) The fundamentals of flight navigation, including flight planning 
and cruise control;
    (3) Practical meteorology, including analysis of weather maps, 
weather reports, and weather forecasts; and weather sequence 
abbreviations, symbols, and nomenclature;
    (4) The types of air navigation facilities and procedures in general 
use;
    (5) Calibrating and using air navigation instruments;
    (6) Navigation by dead reckoning;
    (7) Navigation by celestial means;
    (8) Navigation by radio aids;
    (9) Pilotage and map reading; and
    (10) Interpretation of navigation aid identification signals.
    (b) A report of the test is mailed to the applicant. A passing grade 
is evidence, for a period of 24 months after

[[Page 90]]

the test, that the applicant has complied with this section.

[Doc. No. 1179, 27 FR 7970, Aug. 10 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec. 63.55   Experience requirements.

    (a) An applicant for a flight navigator certificate must be a 
graduate of a flight navigator course approved by the Administrator or 
present satisfactory documentary evidence of--
    (1) Satisfactory determination of his position in flight at least 25 
times by night by celestial observations and at least 25 times by day by 
celestial observations in conjunction with other aids; and
    (2) At least 200 hours of satisfactory flight navigation including 
celestial and radio navigation and dead reckoning.

A pilot who has logged 500 hours of cross-country flight time, of which 
at least 100 hours were at night, may be credited with not more than 100 
hours for the purposes of paragraph (a)(2) of this section.
    (b) Flight time used exclusively for practicing long-range 
navigation methods, with emphasis on celestial navigation and dead 
reckoning, is considered to be satisfactory navigation experience for 
the purposes of paragraph (a) of this section. It must be substantiated 
by a logbook, by records of an armed force or a certificated air 
carrier, or by a letter signed by a certificated flight navigator and 
attached to the application.



Sec. 63.57   Skill requirements.

    (a) An applicant for a flight navigator certificate must pass a 
practical test in navigating aircraft by--
    (1) Dead reckoning;
    (2) Celestial means; and
    (3) Radio aids to navigation.
    (b) An applicant must pass the written test prescribed by Sec. 63.53 
before taking the test under this section. However, if a delay in taking 
the test under this section would inconvenience the applicant or an air 
carrier, he may take it before he receives the result of the written 
test, or after he has failed the written test.
    (c) The test requirements for this section are set forth in appendix 
A of this part.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22639, May 25, 1978]



Sec. 63.59   Retesting after failure.

    (a) An applicant for a flight navigator certificate who fails a 
written or practical test for that certificate may apply for retesting--
    (1) After 30 days after the date he failed that test; or
    (2) Before the 30 days have expired if the applicant presents a 
signed statement from a certificated flight navigator, certificated 
ground instructor, or any other qualified person approved by the 
Administrator, certifying that that person has given the applicant 
additional instruction in each of the subjects failed and that person 
considers the applicant ready for retesting.
    (b) A statement from a certificated flight navigator, or from an 
operations official of an approved navigator course, is acceptable, for 
the purposes of paragraph (a)(2) of this section, for the written test 
and for the flight test. A statement from a person approved by the 
Administrator is acceptable for the written tests. A statement from a 
supervising or check navigator with the United States Armed Forces is 
acceptable for the written test and for the practical test.
    (c) If the applicant failed the flight test, the additional 
instruction must have been administered in flight.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-19, 43 
FR 22640, May 25, 1978]



Sec. 63.61   Flight navigator courses.

    An applicant for approval of a flight navigator course must submit a 
letter to the Administrator requesting approval, and must also submit 
three copies of the course outline, a description of his facilities and 
equipment, and a list of the instructors and their qualifications. 
Requirements for the course are set forth in appendix B to this part.

[[Page 91]]

     Appendix A to Part 63--Test Requirements for Flight Navigator 
                               Certificate

    (a) Demonstration of skill. An applicant will be required to pass 
practical tests on the prescribed subjects. These tests may be given by 
FAA inspectors and designated flight navigator examiners.
    (b) The examination. The practical examination consists of a ground 
test and a flight test as itemized on the examination check sheet. Each 
item must be completed satisfactorily in order for the applicant to 
obtain a passing grade. Items 5, 6, 7 of the ground test may be 
completed orally, and items 17, 22, 23, 34, 36, 37, 38, and 39 of the 
flight test may be completed by an oral examination when a lack of 
ground facilities or navigation equipment makes such procedure 
necessary. In these cases a notation to that effect shall be made in the 
``Remarks'' space on the check sheet.
    (c) Examination procedure. (1) An applicant will provide an aircraft 
in which celestial observations can be taken in all directions. Minimum 
equipment shall include a table for plotting, a drift meter or absolute 
altimeter, an instrument for taking visual bearings, and a radio 
direction finder.
    (2) More than one flight may be used to complete the flight test and 
any type of flight pattern may be used. The test will be conducted 
chiefly over water whenever practicable, and without regard to radio 
range legs or radials. If the test is conducted chiefly over land, a 
chart should be used which shows very little or no topographical and 
aeronautical data. The total flight time will cover a period of at least 
four hours. Only one applicant may be examined at one time, and no 
applicant may perform other than navigator duties during the 
examination.
    (3) When the test is conducted with an aircraft belonging to an air 
carrier, the navigation procedures should conform with those set forth 
in the carrier's operations manual. Items of the flight test which are 
not performed during the routine navigation of the flight will be 
completed by oral examination after the flight or at times during flight 
which the applicant indicates may be used for tests on those items. 
Since in-flight weather conditions, the reliability of the weather 
forecast, and the stability of the aircraft will have considerable 
effect on an applicant's performance, good judgment must be used by the 
agent or examiner in evaluating the tests.
    (d) Ground test. For the ground test, in the order of the numbered 
items on the examination check sheet, an applicant will be required to:
    (1) Identify without a star identifier, at least six navigational 
stars and all planets available for navigation at the time of the 
examination and explain the method of identification.
    (2) Identify two additional stars with a star identifier or sky 
diagrams and explain identification procedure.
    (3) Precompute a time-altitude curve for a period of about 20 
minutes and take 10 single observations of a celestial body which is 
rising or setting rapidly. The intervals between observations should be 
at least one minute. Mark each observation on the graph to show 
accuracy. All observations, after corrections, shall plot within 8 
minutes of arc from the time-altitude curve, and the average error shall 
not exceed 5 minutes of arc.
    (4) Take and plot one 3-star fix and 3 LOP's of the sun. Plotted fix 
or an average of LOP's must fall within 5 miles of the actual position 
of the observer.
    (5) Demonstrate or explain the compensation and swinging of a 
liquid-type magnetic compass.
    (6) Demonstrate or explain a method of aligning one type of drift 
meter.
    (7) Demonstrate or explain a method of aligning an astro-compass or 
periscopic sextant.
    (e) Flight test. For the flight test, in the order of the numbered 
items on the examination check sheet, an applicant will be required to:
    (1) Demonstrate his ability to read weather symbols and interpret 
synoptic surface and upper air weather maps with particular emphasis 
being placed on winds.
    (2) Prepare a flight plan by zones from the forecast winds or 
pressure data of an upper air chart and the operator's data.
    (3) Compute from the operator's data the predicted fuel consumption 
for each zone of the flight, including the alternate.
    (4) Determine the point-of-no-return for the flight with all engines 
running and the equitime point with one engine inoperative. Graphical 
methods which are part of the company's operations manual may be used 
for these computations.
    (5) Prepare a cruise control (howgozit) chart from the operator's 
data.
    (6) Enter actual fuel consumed on the cruise control chart and 
interpret the variations of the actual curve from the predicted curve.
    (7) Check the presence on board and operating condition of all 
navigation equipment. Normally a check list will be used. This check 
will include a time tick or chronometer comparison. Any lack of 
thoroughness during this check will justify this item being graded 
unsatisfactory.
    (8) Locate emergency equipment, such as, the nearest fire 
extinguisher, life preserver, life rafts, exits, axe, first aid kits, 
etc.
    (9) Recite the navigator's duties and stations during emergencies 
for the type of aircraft used for the test.

[[Page 92]]

    (10) Demonstrate the proper use of a flux gate compass or gyrosyn 
compass (when available), with special emphasis on the caging methods 
and the location of switches, circuit breakers, and fuses. If these 
compasses are not part of the aircraft's equipment, an oral examination 
will be given.
    (11) Be accurate and use good judgment when setting and altering 
headings. Erroneous application of variation, deviation, or drift 
correction, or incorrect measurement of course on the chart will be 
graded as unsatisfactory.
    (12) Demonstrate or explain the use of characteristics of various 
chart projections used in long-range air navigation, including the 
plotting of courses and bearings, and the measuring of distances.
    (13) Demonstrate ability to identify designated landmarks by the use 
of a sectional or WAC chart.
    (14) Use a computer with facility and accuracy for the computation 
of winds, drift correction and drift angles, ground speeds, ETA's, fuel 
loads, etc.
    (15) Determine track, ground speed, and wind by the double drift 
method. When a drift meter is not part of the aircraft's equipment, an 
oral examination on the use of the drift meter and a double drift 
problem shall be completed.
    (16) Determine ground speed and wind by the timing method with a 
drift meter. When a drift meter is not part of the aircraft's equipment, 
an oral examination on the procedure and a problem shall be completed.
    (17) Demonstrate the use of air plot for determining wind between 
fixes and for plotting pressure lines of position when using pressure 
and absolute altimeter comparisons.
    (18) Give ETA's to well defined check points at least once each hour 
after the second hour of flight. The average error shall not be more 
than 5 percent of the intervening time intervals, and the maximum error 
of any one ETA shall not be more than 10 percent.
    (19) Demonstrate knowledge and use of D/F equipment and radio 
facility information. Grading on this item will be based largely on the 
applicant's selection of those radio aids which will be of most value to 
his navigation, the manner with which he uses equipment, including 
filter box controls, and the precision with which he reads bearings. The 
aircraft's compass heading and all compass corrections must be 
considered for each bearing.
    (20) Use care in tuning to radio stations to insure maximum 
reception of signal and check for interference signals. Receiver will be 
checked to ascertain that antenna and BFO (Voice-CW) switches are in 
correct positions.
    (21) Identify at least three radio stations using International 
Morse code only for identification. The agent or examiner will tune in 
these stations so that the applicant will have no knowledge of the 
direction, distance, or frequency of the stations.
    (22) Take at least one radio bearing by manual use of the loop. The 
agent or examiner will check the applicant's bearing by taking a manual 
bearing on the same station immediately after the applicant.
    (23) Show the use of good judgment in evaluating radio bearings, and 
explain why certain bearings may be of doubtful value.
    (24) Determine and apply correctly the correction required to be 
made to radio bearings before plotting them on a Mercator chart, and 
demonstrate the ability to plot bearings accurately on charts of the 
Mercator and Lambert conformal projections.
    (25) Compute the compass heading, ETA, and fuel remaining if it is 
assumed that the flight would be diverted to an alternate airport at a 
time specified by the agent or examiner.
    (26) Check the counter scales of a Loran receiver for accuracy, and 
explain the basic (face) adjustments which affect tuning and counter 
alignment. A guide sheet may be used for this test.
    (27) Demonstrate a knowledge of the basic principle of Loran and the 
ability to tune a Loran receiver, to match signals, to read time 
differences, to plot Loran LOP's, and to identify and use sky waves.
    (28) Take and plot bearings from a consol station and explain the 
precautions which must be taken when tuning a radio receiver for consol 
signals. Also, discuss those conditions which affect the reliability of 
consol bearings.
    (29) Demonstrate the ability to properly operate and read an 
absolute altimeter.
    (30) Determine the ``D'' factors for a series of compared readings 
of an absolute altimeter and a pressure altimeter.
    (31) Determine drift angle or lateral displacement from the true 
headingline by application of Bellamy's formula or a variation thereof.
    (32) Interpret the altimeter comparison data with respect to the 
pressure system found at flight level. From this data evaluate the 
accuracy of the prognostic weather map used for flight planning and 
apply this analysis to the navigation of the flight.
    (33) Interpret single LOP's for most probable position, and show how 
a series of single LOP's of the same body may be used to indicate the 
probable track and ground speed. Also, show how a series of single LOP's 
(celestial or radio) from the same celestial body or radio station may 
be used to determine position when the change of azimuth or bearing is 
30 deg. or more between observations.
    (34) Select one of the celestial LOP's used during the flight and 
explain how to make a

[[Page 93]]

single line of position approach to a point selected by the agent or 
examiner, giving headings, times, and ETA's.
    (35) Demonstrate the proper use of an astro-compass or periscopic 
sextant for taking bearings.
    (36) Determine compass deviation as soon as possible after reaching 
cruising altitude and whenever there is a change of compass heading of 
15 deg. or more.
    (37) Take celestial fixes at hourly intervals when conditions 
permit. The accuracy of these fixes shall be checked by means of a 
Loran, radio, or visual fix whenever practicable. After allowing for the 
probable error of a Loran, radio, or visual fix, a celestial fix under 
favorable conditions should plot within 10 miles of the actual position.
    (38) Select celestial bodies for observation, when possible, whose 
azimuths will differ by approximately 120 deg. for a 3-body fix and will 
differ by approximately 90 deg. for a 2-body fix. The altitudes of the 
selected bodies should be between 25 deg. and 75 deg. whenever 
practicable.
    (39) Have POMAR and any other required reports ready for 
transmission at time of schedule, and be able to inform the pilot in 
command promptly with regard to the aircraft's position and progress in 
comparison with the flight plan.
    (40) Keep a log with sufficient legible entries to provide a record 
from which the flight could be retraced.
    (41) Note significant weather changes which might influence the 
drift or ground speed of the aircraft, such as, temperature, ``D'' 
factors, frontal conditions, turbulence, etc.
    (42) Determine the wind between fixes as a regular practice.
    (43) Estimate the time required and average ground speed during a 
letdown, under conditions specified by the pilot in command.
    (44) Work with sufficient speed to determine the aircraft's position 
hourly by celestial means and also make all other observations and 
records pertinent to the navigation. The applicant should be able to 
take the observation, compute, and plot a celestial LOP within a time 
limit of 8 minutes; take and plot a Loran LOP within a time limit of 3 
minutes for ground waves and 4 minutes for sky waves; observe the 
absolute and pressure altimeters and compute the drift or lateral 
displacement within a time limit of 3 minutes.
    (45) Be accurate in reading instruments and making computations. 
Errors which are made and corrected without affecting the navigation 
will be disregarded unless they cause considerable loss of time.
    An uncorrected error in computation (including reading instruments 
and books) which will affect the reported position more than 25 miles, 
the heading more than 3 deg., or any ETA more than 15 minutes will cause 
this item to be graded unsatisfactory.
    (46) Be alert to changing weather or other conditions during flight 
which might affect the navigation. An applicant should not fail to take 
celestial observations just prior to encountering a broken or overcast 
sky condition; and he should not fail to take a bearing on a radio 
station, which operates at scheduled intervals and which would be a 
valuable aid to the navigation.
    (47) Show a logical choice and sequence in using the various 
navigation methods according to time and accuracy, and check the 
positions determined by one method against positions determined by other 
methods.
    (48) Use a logical sequence in performing the various duties of a 
navigator and plan work according to a schedule. The more important 
duties should not be neglected for others of less importance.

  Appendix B to Part 63--Flight Navigator Training Course Requirements

    (a) Training course outline--(1) Format. The ground course outline 
and the flight course outline shall be combined in one looseleaf binder 
and shall include a table of contents, divided into two parts--ground 
course and flight course. Each part of the table of contents must 
contain a list of the major subjects, together with hours allotted to 
each subject and the total classroom and flight hours.
    (2) Ground course outline. (i) It is not mandatory that a course 
outline have the subject headings arranged exactly as listed in this 
paragraph. Any arrangement of general headings and subheadings will be 
satisfactory provided all the subject material listed here is included 
and the acceptable minimum number of hours is assigned to each subject. 
Each general subject shall be broken down into detail showing items to 
be covered.
    (ii) If any agency desires to include additional subjects in the 
ground training curriculum, such as international law, flight hygiene, 
or others which are not required, the hours allotted these additional 
subjects may not be included in the minimum classroom hours.
    (iii) The following subjects with classroom hours are considered the 
minimum coverage for a ground training course for flight navigators:

------------------------------------------------------------------------
                                                               Classroom
                           Subject                               hours  
------------------------------------------------------------------------
Federal Aviation Administration.............................           5
  To include Parts 63, 91, and 121 of this chapter.                     
Meteorology.................................................          40

[[Page 94]]

                                                                        
  To include:                                                           
    Basic weather principles.                                           
    Temperature.                                                        
    Pressure.                                                           
    Winds.                                                              
    Moisture in the atmosphere.                                         
    Stability.                                                          
    Clouds.                                                             
    Hazards.                                                            
    Air masses.                                                         
    Front weather.                                                      
    Fog.                                                                
    Thunderstorms.                                                      
    Icing.                                                              
    World weather and climate.                                          
    Weather maps and weather reports.                                   
    Forecasting.                                                        
International Morse code:                                               
  Ability to receive code groups of letters and numerals at             
   a speed of eight words per minute                                    
Navigation instruments (exclusive of radio and radar).......          20
  To include:                                                           
    Compasses.                                                          
    Pressure altimeters.                                                
    Airspeed indicators.                                                
    Driftmeters.                                                        
    Bearing indicators.                                                 
    Aircraft octants.                                                   
    Instrument calibration and alignment.                               
Charts and pilotage.........................................          15
To include:                                                             
  Chart projections.                                                    
  Chart symbols.                                                        
  Principles of pilotage.                                               
Dead reckoning..............................................          30
To include:                                                             
  Air plot.                                                             
  Ground plot.                                                          
  Calculation of ETA.                                                   
  Vector analysis.                                                      
  Use of computer.                                                      
  Search.                                                               
Absolute altimeter with:                                                
Applications................................................          15
  To include:                                                           
    Principles of construction.                                         
    Operating instructions.                                             
    Use of Bellamy's formula.                                           
    Flight planning with single drift correction.                       
Radio and long-range navigational aids......................          35
  To include:                                                           
    Principles of radio transmission and reception.                     
    Radio aids to navigation.                                           
    Government publications.                                            
    Airborne D/F equipment.                                             
    Errors of radio bearings.                                           
    Quadrantal correction.                                              
    Plotting radio bearings.                                            
    ICAO Q code for direction finding.                                  
    Loran.                                                              
    Consol.                                                             
Celestial navigation........................................         150
  To include:                                                           
    The solar system.                                                   
    The celestial sphere.                                               
    The astronomical triangle.                                          
    Theory of lines of position.                                        
    Use of the Air Almanac.                                             
    Time and its applications.                                          
    Navigation tables.                                                  
    Precomputation.                                                     
    Celestial line of position approach.                                
    Star identification.                                                
    Corrections to celestial observations.                              
Flight planning and cruise control..........................          25
  To include:                                                           
    The flight plan.                                                    
    Fuel consumption charts.                                            
    Methods of cruise control.                                          
    Flight progress chart.                                              
    Point-of-no-return.                                                 
    Equitime point.                                                     
Long-range flight problems..................................          15
                                                             -----------
    Total (exclusive of final examinations).................         350
------------------------------------------------------------------------

    (3) Flight course outline. (i) A minimum of 150 hours of supervised 
flight training shall be given, of which at least 50 hours of flight 
training must be given at night, and celestial navigation must be used 
during flights which total at least 125 hours.
    (ii) A maximum of 50 hours of the required flight training may be 
obtained in acceptable types of synthetic flight navigator training 
devices.
    (iii) Flights should be at least four hours in length and should be 
conducted off civil airways. Some training on long-range flights is 
desirable, but is not required. There is no limit to the number of 
students that may be trained on one flight, but at least one astrodrome 
or one periscopic sextant mounting must be provided for each group of 
four students.
    (iv) Training must be given in dead reckoning, pilotage, radio 
navigation, celestial navigation, and the use of the absolute altimeter.
    (b) Equipment. (1) Classroom equipment shall include one table at 
least 24''  x  32'' in dimensions for each student.
    (2) Aircraft suitable for the flight training must be available to 
the approved course operator to insure that the flight training may be 
completed without undue delay.

The approved course operator may contract or obtain written agreements 
with aircraft operators for the use of suitable aircraft. A copy of the 
contract or written agreement with an aircraft operator shall be 
attached to each of the three copies of the course outline submitted for 
approval. In all cases, the approved course operator is responsible for 
the nature and quality of instruction given during flight.
    (c) Instructors. (1) Sufficient classroom instructors must be 
available to prevent an excessive ratio of students to instructors. Any

[[Page 95]]

ratio in excess of 20 to 1 will be considered unsatisfactory.
    (2) At least one ground instructor must hold a valid flight 
navigator certificate, and be utilized to coordinate instruction of 
ground school subjects.
    (3) Each instructor who conducts flight training must hold a valid 
flight navigator certificate.
    (d) Revision of training course. (1) Requests for revisions to 
course outlines, facilities, and equipment shall follow procedures for 
original approval of the course. Revisions should be submitted in such 
form that an entire page or pages of the approved outline can be removed 
and replaced by the revisions.
    (2) The list of instructors may be revised at any time without 
request for approval, provided the minimum requirement of paragraph (e) 
of this section is maintained.
    (e) Credit for previous training and experience. (1) Credit may be 
granted by an operator to students for previous training and experience 
which is provable and comparable to portions of the approved curriculum. 
When granting such credit, the approved course operator should be fully 
cognizant of the fact that he is responsible for the proficiency of his 
graduates in accordance with subdivision (i) of paragraph (3) of this 
section.
    (2) Where advanced credit is allowed, the operator shall evaluate 
the student's previous training and experience in accordance with the 
normal practices of accredited technical schools. Before credit is given 
for any ground school subject or portion thereof, the student must pass 
an appropriate examination given by the operator. The results of the 
examination, the basis for credit allowance, and the hours credited 
shall be incorporated as a part of the student's records.
    (3) Credit up to a maximum of 50 hours toward the flight training 
requirement may be given to pilots who have logged at least 500 hours 
while a member of a flight crew which required a certificated flight 
navigator or the Armed Forces equivalent. A similar credit may also be 
given to a licensed deck officer of the Maritime Service who has served 
as such for at least one year on ocean-going vessels. One-half of the 
flight time credited under the terms of this paragraph may be applied 
toward the 50 hours of flight training required at night.
    (f) Students records and reports. Approval of a course shall not be 
continued in effect unless the course operator keeps an accurate record 
of each student, including a chronological log of all instruction, 
subjects covered and course examinations and grades, and unless he 
prepares and transmits to the local Flight Standards District Office not 
later than January 31 of each year, a report containing the following 
information for the previous calendar year:
    (1) The names of all students graduated, together with their school 
grades for ground and flight subjects.
    (2) The names of all students failed or dropped, together with their 
school grades and reasons for dropping.
    (g) Quality of instruction. Approval of a course shall not be 
continued in effect unless at least 80 percent of the students who apply 
within 90 days after graduation are able to qualify on the first attempt 
for certification as flight navigators.
    (h) Statement of graduation. Each student who successfully completes 
an approved flight navigator course shall be given a statement of 
graduation.
    (i) Inspections. Approved course operations will be inspected by 
authorized representatives of the Administrator as often as deemed 
necessary to insure that instruction is maintained at the required 
standards, but the period between inspections shall not exceed 12 
months.
    (j) Change of ownership, name, or location--(1) Change of ownership. 
Approval of a flight navigator course shall not be continued in effect 
after the course has changed ownership. The new owner must obtain a new 
approval by following the procedure prescribed for original approval.
    (2) Change in name. An approved course changed in name but not 
changed in ownership shall remain valid if the change is reported by the 
approved course operator to the local Flight Standards District Office. 
A letter of approval under the new name will be issued by the regional 
office.
    (3) Change in location. An approved course shall remain in effect 
even though the approved course operator changes location if the change 
is reported without delay by the operator to the local Flight Standards 
District Office, which will inspect the facilities to be used. If they 
are found to be adequate, a letter of approval showing the new location 
will be issued by the regional office.
    (k) Cancellation of approval. (1) Failure to meet or maintain any of 
the requirements set forth in this section for the approval or operation 
of an approved flight navigator course shall be considered sufficient 
reason for cancellation of the approval.
    (2) If an operator should desire voluntary cancellation of his 
approved course, he should submit the effective letter of approval and a 
written request for cancellation to the Administrator through the local 
Flight Standards District Office.
    (l) Duration. The authority to operate an approved flight navigator 
course shall expire 24 months after the last day of the month of 
issuance.
    (m) Renewal. Application for renewal of authority to operate an 
approved flight navigator course may be made by letter to the local 
Flight Standards District Office at any time within 60 days before to 
the expiration

[[Page 96]]

date. Renewal of approval will depend upon the course operator meeting 
the current conditions for approval and having a satisfactory record as 
an operator.

[Doc. No. 1179, 27 FR 7970, Aug. 10, 1962, as amended by Amdt. 63-6, 31 
FR 9211, July 6, 1966; Amdt. 63-28, 54 FR 39291, Sept. 25, 1989]

   Appendix C to Part 63--Flight Engineer Training Course Requirements

    (a) Training course outline--(1) Format. The ground course outline 
and the flight course outline are independent. Each must be contained in 
a looseleaf binder to include a table of contents. If an applicant 
desires approval of both a ground school course and a flight school 
course, they must be combined in one looseleaf binder that includes a 
separate table of contents for each course. Separate course outlines are 
required for each type of airplane.
    (2) Ground course outline. (i) It is not mandatory that the subject 
headings be arranged exactly as listed in this paragraph. Any 
arrangement of subjects is satisfactory if all the subject material 
listed here is included and at least the minimum programmed hours are 
assigned to each subject. Each general subject must be broken down into 
detail showing the items to be covered.
    (ii) If any course operator desires to include additional subjects 
in the ground course curriculum, such as international law, flight 
hygiene, or others that are not required, the hours allotted these 
additional subjects may not be included in the minimum programmed 
classroom hours.
    (iii) The following subjects and classroom hours are the minimum 
programmed coverage for the initial approval of a ground training course 
for flight engineers. Subsequent to initial approval of a ground 
training course an applicant may apply to the Administrator for a 
reduction in the programmed hours. Approval of a reduction in the 
approved programmed hours is based on improved training effectiveness 
due to improvements in methods, training aids, quality of instruction, 
or any combination thereof.

------------------------------------------------------------------------
                                                               Classroom
                           Subject                               hours  
------------------------------------------------------------------------
Federal Aviation Regulations................................          10
  To include the regulations of this chapter that apply to              
   flight engineers                                                     
Theory of Flight and Aerodynamics...........................          10
Airplane Familiarization....................................          90
  To include as appropriate:                                            
    Specifications.                                                     
    Construction features.                                              
    Flight controls.                                                    
    Hydraulic systems.                                                  
    Pneumatic systems.                                                  
    Electrical systems.                                                 
    Anti-icing and de-icing systems.                                    
    Pressurization and air-conditioning systems.                        
    Vacuum systems.                                                     
    Pilot static systems.                                               
    Instrument systems.                                                 
    Fuel and oil systems.                                               
    Emergency equipment.                                                
Engine Familiarization......................................          45
  To include as appropriate:                                            
    Specifications.                                                     
    Construction features.                                              
    Lubrication.                                                        
    Ignition.                                                           
    Carburetor and induction, supercharging and fuel control            
     systems                                                            
    Accessories.                                                        
    Propellers.                                                         
    Instrumentation.                                                    
    Emergency equipment.                                                
Normal Operations (Ground and Flight).......................          50
  To include as appropriate:                                            
    Servicing methods and procedures.                                   
    Operation of all the airplane systems.                              
    Operation of all the engine systems.                                
    Loading and center of gravity computations.                         
    Cruise control (normal, long range, maximum endurance)              
    Power and fuel computation.                                         
    Meteorology as applicable to engine operation                       
Emergency Operations........................................          80
  To include as appropriate:                                            
    Landing gear, brakes, flaps, speed brakes, and leading              
     edge devices                                                       
    Pressurization and air-conditioning.                                
    Portable fire extinguishers.                                        
    Fuselage fire and smoke control.                                    
    Loss of electrical power.                                           
    Engine fire control.                                                
    Engine shut-down and restart.                                       
    Oxygen.                                                             
                                                             -----------
      Total (exclusive of final tests)......................         235
------------------------------------------------------------------------

    The above subjects, except Theory of Flight and Aerodynamics, and 
Regulations must apply to the same type of airplane in which the student 
flight engineer is to receive flight training.
    (3) Flight Course Outline. (i) The flight training curriculum must 
include at least 10 hours of flight instruction in an airplane specified 
in Sec. 63.37(a). The flight time required for the practical test may 
not be credited as part of the required flight instruction.
    (ii) All of the flight training must be given in the same type 
airplane.
    (iii) As appropriate to the airplane type, the following subjects 
must be taught in the flight training course:

[[Page 97]]

                                 Subject

                normal duties, procedures and operations

To include as appropriate:
    Airplane preflight.
    Engine starting, power checks, pretakeoff, postlanding and shut-down 
procedures.
    Power control.
    Temperature control.
    Engine operation analysis.
    Operation of all systems.
    Fuel management.
    Logbook entries.
    Pressurization and air conditioning.

          recognition and correction of in-flight malfunctions

To include:
    Analysis of abnormal engine operation.
    Analysis of abnormal operation of all systems.
    Corrective action.

                     emergency operations in flight

To include as appropriate:
    Engine fire control.
    Fuselage fire control.
    Smoke control.
    Loss of power or pressure in each system.
    Engine overspeed.
    Fuel dumping.
    Landing gear, spoilers, speed brakes, and flap extension and 
retraction.
    Engine shut-down and restart.
    Use of oxygen.

    (iv) If the Administrator finds a simulator or flight engineer 
training device to accurately reproduce the design, function, and 
control characteristics, as pertaining to the duties and 
responsibilities of a flight engineer on the type of airplane to be 
flown, the flight training time may be reduced by a ratio of 1 hour of 
flight time to 2 hours of airplane simulator time, or 3 hours of flight 
engineer training device time, as the case may be, subject to the 
following limitations:
    (a) Except as provided in subdivision (b) of this paragraph, the 
required flight instruction time in an airplane may not be less than 5 
hours.
    (b) As to a flight engineer student holding at least a commercial 
pilot certificate with an instrument rating, airplane simulator or a 
combination of airplane simulator and flight engineer training device 
time may be submitted for up to all 10 hours of the required flight 
instruction time in an airplane. However, not more than 15 hours of 
flight engineer training device time may be substituted for flight 
instruction time.
    (v) To obtain credit for flight training time, airplane simulator 
time, or flight engineer training device time, the student must occupy 
the flight engineer station and operate the controls.
    (b) Classroom equipment. Classroom equipment should consist of 
systems and procedural training devices, satisfactory to the 
Administrator, that duplicate the operation of the systems of the 
airplane in which the student is to receive his flight training.
    (c) Contracts or agreements. (1) An approved flight engineer course 
operator may contract with other persons to obtain suitable airplanes, 
airplane simulators, or other training devices or equipment.
    (2) An operator who is approved to conduct both the flight engineer 
ground course and the flight engineer flight course may contract with 
others to conduct one course or the other in its entirety but may not 
contract with others to conduct both courses for the same airplane type.
    (3) An operator who has approval to conduct a flight engineer ground 
course or flight course for a type of airplane, but not both courses, 
may not contract with another person to conduct that course in whole or 
in part.
    (4) An operator who contracts with another to conduct a flight 
engineer course may not authorize or permit the course to be conducted 
in whole or in part by a third person.
    (5) In all cases, the course operator who is approved to operate the 
course is responsible for the nature and quality of the instruction 
given.
    (6) A copy of each contract authorized under this paragraph must be 
attached to each of the 3 copies of the course outline submitted for 
approval.
    (d) Instructors. (1) Only certificated flight engineers may give the 
flight instruction required by this appendix in an airplane, simulator, 
or flight engineer training device.
    (2) There must be a sufficient number of qualified instructors 
available to prevent an excess ratio of students to instructors.
    (e) Revisions. (1) Requests for revisions of the course outlines, 
facilities or equipment must follow the procedures for original approval 
of the course. Revisions must be submitted in such form that an entire 
page or pages of the approved outline can be removed and replaced by the 
revisions.
    (2) The list of instructors may be revised at any time without 
request for approval, if the requirements of paragraph (d) of this 
appendix are maintained.
    (f) Ground school credits. (1) Credit may be granted a student in 
the ground school course by the course operator for comparable previous 
training or experience that the student can show by written evidence: 
however, the course operator must still meet the quality of instruction 
as described in paragraph (h) of this appendix.
    (2) Before credit for previous training or experience may be given, 
the student must pass a test given by the course operator on the subject 
for which the credit is to be given. The course operator shall 
incorporate

[[Page 98]]

results of the test, the basis for credit allowance, and the hours 
credited as part of the student's records.
    (g) Records and reports. (1) The course operator must maintain, for 
at least two years after a student graduates, fails, or drops from a 
course, a record of the student's training, including a chronological 
log of the subject course, attendance examinations, and grades.
    (2) Except as provided in paragraph (3) of this section, the course 
operator must submit to the Administrator, not later than January 31 of 
each year, a report for the previous calendar year's training, to 
include:
    (i) Name, enrollment and graduation date of each student;
    (ii) Ground school hours and grades of each student;
    (iii) Flight, airplane simulator, flight engineer training device 
hours, and grades of each student; and
    (iv) Names of students failed or dropped, together with their school 
grades and reasons for dropping.
    (3) Upon request, the Administrator may waive the reporting 
requirements of paragraph (2) of this section for an approved flight 
engineer course that is part of an approved training course under 
subpart N of part 121 of this chapter.
    (h) Quality of instruction. (1) Approval of a ground course is 
discontinued whenever less than 80 percent of the students pass the FAA 
written test on the first attempt.
    (2) Approval of a flight course is discontinued whenever less than 
80 percent of the students pass the FAA practical test on the first 
attempt.
    (3) Notwithstanding paragraphs (1) and (2) of this section, approval 
of a ground or flight course may be continued when the Administrator 
finds--
    (i) That the failure rate was based on less than a representative 
number of students; or
    (ii) That the course operator has taken satisfactory means to 
improve the effectiveness of the training.
    (i) Time limitation. Each student must apply for the written test 
and the flight test within 90 days after completing the ground school 
course.
    (j) Statement of course completion. (1) The course operator shall 
give to each student who successfully completes an approved flight 
engineer ground school training course, and passes the FAA written test, 
a statement of successful completion of the course that indicates the 
date of training, the type of airplane on which the ground course 
training was based, and the number of hours received in the ground 
school course.
    (2) The course operator shall give each student who successfully 
completes an approved flight engineer flight course, and passed the FAA 
practical test, a statement of successful completion of the flight 
course that indicates the dates of the training, the type of airplane 
used in the flight course, and the number of hours received in the 
flight course.
    (3) A course operator who is approved to conduct both the ground 
course and the flight course may include both courses in a single 
statement of course completion if the provisions of paragraphs (1) and 
(2) of this section are included.
    (4) The requirements of this paragraph do not apply to an air 
carrier or commercial operator with an approved training course under 
part 121 of this chapter providing the student receives a flight 
engineer certificate upon completion of that course.
    (k) Inspections. Each course operator shall allow the Administrator 
at any time or place, to make any inspection necessary to ensure that 
the quality and effectiveness of the instruction are maintained at the 
required standards.
    (l) Change of ownership, name, or location. (1) Approval of a flight 
engineer ground course or flight course is discontinued if the ownership 
of the course changes. The new owner must obtain a new approval by 
following the procedure prescribed for original approval.
    (2) Approval of a flight engineer ground course or flight course 
does not terminate upon a change in the name of the course that is 
reported to the Administrator within 30 days. The Administrator issues a 
new letter of approval, using the new name, upon receipt of notice 
within that time.
    (3) Approval of a flight engineer ground course or flight course 
does not terminate upon a change in location of the course that is 
reported to the Administrator within 30 days. The Administrator issues a 
new letter of approval, showing the new location, upon receipt of notice 
within that time, if he finds the new facilities to be adequate.
    (m) Cancellation of approval. (1) Failure to meet or maintain any of 
the requirements of this appendix for the approval of a flight engineer 
ground course or flight course is reason for cancellation of the 
approval.
    (2) If a course operator desires to voluntarily terminate the 
course, he should notify the Administrator in writing and return the 
last letter of approval.
    (n) Duration. Except for a course operated as part of an approved 
training course under subpart N of part 121 of this chapter, the 
approval to operate a flight engineer ground course or flight course 
terminates 24 months after the last day of the month of issue.
    (o) Renewal. (1) Renewal of approval to operate a flight engineer 
ground course or flight course is conditioned upon the course operator's 
meeting the requirements of this appendix.
    (2) Application for renewal may be made to the Administrator at any 
time after 60 days before the termination date.

[[Page 99]]

    (p) Course operator approvals. An applicant for approval of a flight 
engineer ground course, or flight course, or both, must meet all of the 
requirements of this appendix concerning application, approval, and 
continuing approval of that course or courses.
    (q) Practical test eligibility. An applicant for a flight engineer 
certificate and class rating under the provisions of Sec. 63.37(b)(6) is 
not eligible to take the practical test unless he has successfully 
completed an approved flight engineer ground school course in the same 
type of airplane for which he has completed an approved flight engineer 
flight course.

[Doc. No. 6458, 30 FR 14560, Nov. 23, 1965, as amended by Amdt. 63-15, 
37 FR 9758, May 17, 1972]



PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS--Table of Contents




                   Special Federal Aviation Regulation

SFAR 58 [Note]
SFAR 63

                           Subpart A--General

Sec.
65.1  Applicability.
65.3  Certification of foreign airmen other than flight crewmembers.
65.11  Application and issue.
65.12  Offenses involving alcohol or drugs.
65.13  Temporary certificate.
65.15  Duration of certificates.
65.16  Change of name: Replacement of lost or destroyed certificate.
65.17  Tests: General procedure.
65.18  Written tests: Cheating or other unauthorized conduct.
65.19  Retesting after failure.
65.20  Applications, certificates, logbooks, reports, and records: 
          Falsification reproduction, or alteration.
65.21  Change of address.
65.23  Refusal to submit to a drug or alcohol test.

             Subpart B--Air Traffic Control Tower Operators

65.31  Required certificates, and rating or qualification.
65.33  Eligibility requirements: General.
65.35  Knowledge requirements.
65.37  Skill requirements: Operating positions.
65.39  Practical experience requirements: Facility rating.
65.41  Skill requirements: Facility ratings.
65.43  Rating privileges and exchange.
65.45  Performance of duties.
65.46  Use of prohibited drugs.
65.46a  Misuse of alcohol.
65.46b  Testing for alcohol.
65.47  Maximum hours.
65.49  General operating rules.
65.50  Currency requirements.

                     Subpart C--Aircraft Dispatchers

65.51  Certificate required.
65.53  Eligibility requirements: General.
65.55  Knowledge requirements.
65.57  Experience requirements.
65.59  Skill requirements.
65.61  Aircraft dispatcher courses.

                          Subpart D--Mechanics

65.71  Eligibility requirements: General.
65.73  Ratings.
65.75  Knowledge requirements.
65.77  Experience requirements.
65.79  Skill requirements.
65.80  Certificated aviation maintenance technician school students.
65.81  General privileges and limitations.
65.83  Recent experience requirements.
65.85  Airframe rating; additional privileges.
65.87  Powerplant rating; additional privileges.
65.89  Display of certificate.
65.91  Inspection authorization.
65.92  Inspection authorization: Duration.
65.93  Inspection authorization: Renewal.
65.95  Inspection authorization: Privileges and limitations.

                          Subpart E--Repairmen

65.101  Eligibility requirements: General.
65.103  Repairman certificate: Privileges and limitations.
65.104  Repairman certificate--experimental aircraft builder--
          Eligibility, privileges and limitations.
65.105  Display of certificate.

                      Subpart F--Parachute Riggers

65.111  Certificate required.
65.113  Eligibility requirements: General.
65.115  Senior parachute rigger certificate: Experience, knowledge, and 
          skill requirements.
65.117  Military riggers or former military riggers: Special 
          certification rule.
65.119  Master parachute rigger certificate: Experience, knowledge, and 
          skill requirements.
65.121  Type ratings.
65.123  Additional type ratings: Requirements.
65.125  Certificates: Privileges.
65.127  Facilities and equipment.
65.129  Performance standards.
65.131  Records.
65.133  Seal.

Appendix A to Part 65--Aircraft Dispatcher Courses


[[Page 100]]

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45302.

    Source: Docket No. 1179, 27 FR 7973, Aug. 10, 1962, unless otherwise 
noted.

                  Special Federal Aviation Regulations

                               SFAR No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

  SFAR No. 63--Relief for Participants in Operation Desert Shield/Storm

                                Sections

    1. Applicability.
    2. Required documents.
    3. Expiration date.
    1. Applicability. Contrary provisions of part 65 notwithstanding, 
under the procedures prescribed herein, Flight Standards District 
Offices (FSDO) are authorized to accept an expired written test report 
to show eligibility to take a practical test required under this Part 
and/or renew an expired inspection authorization to show eligibility for 
renewal under Sec. 65.93, provided--
    a. The person is a civilian or military person who served in support 
of Operation Desert Shield/Storm during the time period from August 2, 
1990 to December 31, 1992;
    b. The person's airman written test report and/or inspection 
authorization expired within the time period from 60 days prior to 
assignment to 60 days after reassignment from support of Operation 
Desert Shield/Storm; and
    c. The person completes the required practical test within 6 
calendar months following the date of reassignment from Operation Desert 
Shield/Storm or by December 31, 1992, whichever date is sooner.
    2. Required documents. The FSDO and applicant shall include one of 
the following documents with the airman application, and the documents 
must show the dates of assignment to and reassignment from support of 
Operation Desert Shield/Storm:
    a. Official government documents showing the person was a civilian 
on official duty for the United States Government in support of 
Operation Desert Shield/Storm during the time period from August 2, 1990 
to December 31, 1992;
    b. Military orders showing the person was a member of the uniformed 
services assigned to duty in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992;
    c. Military orders showing the person was an active member of the 
National Guard or Reserve called to active duty in support of Operation 
Desert Shield/Storm during the time period from August 2, 1990 to 
December 31, 1992; or
    d. A letter from the unit commander providing inclusive dates during 
which the person served in support of Operation Desert Shield/Storm 
during the time period from August 2, 1990 to December 31, 1992.
    3. Expiration date. This SFAR expires December 31, 1992, unless 
sooner superseded or rescinded.

[SFAR 63, 56 FR 27163, June 12, 1991]



                           Subpart A--General



Sec. 65.1   Applicability.

    This part prescribes the requirements for issuing the following 
certificates and associated ratings and the general operating rules for 
the holders of those certificates and ratings:
    (a) Air-traffic control-tower operators.
    (b) Aircraft dispatchers.
    (c) Mechanics.
    (d) Repairmen.
    (e) Parachute riggers.



Sec. 65.3  Certification of foreign airmen other than flight crewmembers.

    A person who is neither a U.S. citizen nor a resident alien is 
issued a certificate under subpart D of this part, outside the United 
States, only when the Administrator finds that the certificate is needed 
for the operation or continued airworthiness of a U.S.-registered civil 
aircraft.

[Doc. 65-28, 47 FR 35693, Aug. 16, 1982]



Sec. 65.11  Application and issue.

    (a) Application for a certificate and appropriate class rating, or 
for an additional rating, under this part must be made on a form and in 
a manner prescribed by the Administrator. Each person who is neither a 
U.S. citizen nor a resident alien and who applies for a written or 
practical test to be administered outside the United States or for any 
certificate or rating issued under this part must show evidence that the 
fee prescribed in appendix A of part 187 of this chapter has been paid.
    (b) An applicant who meets the requirements of this part is entitled 
to an appropriate certificate and rating.

[[Page 101]]

    (c) Unless authorized by the Administrator, a person whose air 
traffic control tower operator, mechanic, or parachute rigger 
certificate is suspended may not apply for any rating to be added to 
that certificate during the period of suspension.
    (d) Unless the order of revocation provides otherwise--
    (1) A person whose air traffic control tower operator, aircraft 
dispatcher, or parachute rigger certificate is revoked may not apply for 
the same kind of certificate for 1 year after the date of revocation; 
and
    (2) A person whose mechanic or repairman certificate is revoked may 
not apply for either of those kinds of certificates for 1 year after the 
date of revocation.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 
FR 13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]



Sec. 65.12  Offenses involving alcohol or drugs.

    (a) A conviction for the violation of any Federal or state statute 
relating to the growing, processing, manufacture, sale, disposition, 
possession, transportation, or importation of narcotic drugs, marihuana, 
or depressant or stimulant drugs or substances is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of final 
conviction; or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.
    (b) The commission of an act prohibited by Sec. 91.19(a) of this 
chapter is grounds for--
    (1) Denial of an application for a certificate or rating issued 
under this part for a period of up to 1 year after the date of that act; 
or
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Doc. No. 21956, 50 FR 15379, Apr. 17, 1985, as amended by Amdt. 65-34, 
54 FR 34330, Aug. 18, 1989]



Sec. 65.13   Temporary certificate.

    A certificate and ratings effective for a period of not more than 
120 days may be issued to a qualified applicant, pending review of his 
application and supplementary documents and the issue of the certificate 
and ratings for which he applied.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-23, 43 
FR 22640, May 25, 1978]



Sec. 65.15  Duration of certificates.

    (a) Except for repairman certificates, a certificate or rating 
issued under this part is effective until it is surrendered, suspended, 
or revoked.
    (b) Unless it is sooner surrendered, suspended, or revoked, a 
repairman certificate is effective until the holder is relieved from the 
duties for which the holder was employed and certificated.
    (c) The holder of a certificate issued under this part that is 
suspended, revoked, or no longer effective shall return it to the 
Administrator.

[Doc. No. 22052, 47 FR 35693, Aug. 16, 1982]



Sec. 65.16   Change of name: Replacement of lost or destroyed certificate.

    (a) An application for a change of name on a certificate issued 
under this part must be accompanied by the applicant's current 
certificate and the marriage license, court order, or other document 
verifying the change. The documents are returned to the applicant after 
inspection.
    (b) An application for a replacement of a lost or destroyed 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Airman Certification Branch, Post 
Office Box 25082, Oklahoma City, OK 73125. The letter must--
    (1) Contain the name in which the certificate was issued, the 
permanent mailing address (including zip code), social security number 
(if any), and date and place of birth of the certificate holder, and any 
available information regarding the grade, number, and date of issue of 
the certificate, and the ratings on it; and
    (2) Be accompanied by a check or money order for $2, payable to the 
Federal Aviation Administration.

[[Page 102]]

    (c) An application for a replacement of a lost or destroyed medical 
certificate is made by letter to the Department of Transportation, 
Federal Aviation Administration, Civil Aeromedical Institute, 
Aeromedical Certification Branch, Post Office Box 25082, Oklahoma City, 
OK 73125, accompanied by a check or money order for $2.00.
    (d) A person whose certificate issued under this part or medical 
certificate, or both, has been lost may obtain a telegram from the FAA 
confirming that it was issued. The telegram may be carried as a 
certificate for a period not to exceed 60 days pending his receiving a 
duplicate certificate under paragraph (b) or (c) of this section, unless 
he has been notified that the certificate has been suspended or revoked. 
The request for such a telegram may be made by prepaid telegram, stating 
the date upon which a duplicate certificate was requested, or including 
the request for a duplicate and a money order for the necessary amount. 
The request for a telegraphic certificate should be sent to the office 
prescribed in paragraph (b) or (c) of this section, as appropriate. 
However, a request for both at the same time should be sent to the 
office prescribed in paragraph (b) of this section.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970; 
Amdt. 65-17, 36 FR 2865, Feb. 11, 1971]



Sec. 65.17   Tests: General procedure.

    (a) Tests prescribed by or under this part are given at times and 
places, and by persons, designated by the Administrator.
    (b) The minimum passing grade for each test is 70 percent.



Sec. 65.18   Written tests: Cheating or other unauthorized conduct.

    (a) Except as authorized by the Administrator, no person may--
    (1) Copy, or intentionally remove, a written test under this part;
    (2) Give to another, or receive from another, any part or copy of 
that test;
    (3) Give help on that test to, or receive help on that test from, 
any person during the period that test is being given;
    (4) Take any part of that test in behalf of another person;
    (5) Use any material or aid during the period that test is being 
given; or
    (6) Intentionally cause, assist, or participate in any act 
prohibited by this paragraph.
    (b) No person who commits an act prohibited by paragraph (a) of this 
section is eligible for any airman or ground instructor certificate or 
rating under this chapter for a period of 1 year after the date of that 
act. In addition, the commission of that act is a basis for suspending 
or revoking any airman or ground instructor certificate or rating held 
by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec. 65.19  Retesting after failure.

    An applicant for a written, oral, or practical test for a 
certificate and rating, or for an additional rating under this part, may 
apply for retesting--
    (a) After 30 days after the date the applicant failed the test; or
    (b) Before the 30 days have expired if the applicant presents a 
signed statement from an airman holding the certificate and rating 
sought by the applicant, certifying that the airman has given the 
applicant additional instruction in each of the subjects failed and that 
the airman considers the applicant ready for retesting.

[Doc. No. 16383, 43 FR 22640, May 25, 1978]



Sec. 65.20   Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration.

    (a) No person may make or cause to be made--
    (1) Any fraudulent or intentionally false statement on any 
application for a certificate or rating under this part;
    (2) Any fraudulent or intentionally false entry in any logbook, 
record, or report that is required to be kept, made, or used, to show 
compliance with any requirement for any certificate or rating under this 
part;
    (3) Any reproduction, for fraudulent purpose, of any certificate or 
rating under this part; or
    (4) Any alteration of any certificate or rating under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a)

[[Page 103]]

of this section is a basis for suspending or revoking any airman or 
ground instructor certificate or rating held by that person.

[Doc. No. 4086, 30 FR 2196, Feb. 18, 1965]



Sec. 65.21   Change of address.

    Within 30 days after any change in his permanent mailing address, 
the holder of a certificate issued under this part shall notify the 
Department of Transportation, Federal Aviation Administration, Airman 
Certification Branch, Post Office Box 25082, Oklahoma City, OK 73125, in 
writing, of his new address.

[Doc. No. 10536, 35 FR 14075, Sept. 4, 1970]



Sec. 65.23  Refusal to submit to a drug or alcohol test.

    (a) General. This section applies to an employee who performs a 
function listed in appendix I or appendix J to part 121 of this chapter 
directly or by contract for a part 121 certificate holder, a part 135 
certificate holder, an operator as defined in Sec. 135.1(c) of this 
chapter, or an air traffic control facility not operated by the FAA or 
the U.S. military.
    (b) Refusal by the holder of a certificate issued under this part to 
take a drug test required under the provisions of appendix I to part 121 
or an alcohol test required under the provisions of appendix J to part 
121 is grounds for--
    (1) Denial of an application for any certificate or rating issued 
under this part for a period of up to 1 year after the date of such 
refusal; and
    (2) Suspension or revocation of any certificate or rating issued 
under this part.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]



             Subpart B--Air Traffic Control Tower Operators

    Source: Docket No. 10193, 35 FR 12326, Aug. 1, 1970, unless 
otherwise noted.



Sec. 65.31  Required certificates, and rating or qualification.

    No person may act as an air traffic control tower operator at an air 
traffic control tower in connection with civil aircraft unless he--
    (a) Holds an air traffic control tower operator certificate issued 
to him under this subpart;
    (b) Holds a facility rating for that control tower issued to him 
under this subpart, or has qualified for the operating position at which 
he acts and is under the supervision of the holder of a facility rating 
for that control tower; and

For the purpose of this subpart, operating position means an air traffic 
control function performed within or directly associated with the 
control tower;
    (c) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy or the 
Coast Guard, holds at least a second-class medical certificate issued 
under part 67 of this chapter.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]



Sec. 65.33   Eligibility requirements: General.

    To be eligible for an air traffic control tower operator certificate 
a person must--
    (a) Be at least 18 years of age;
    (b) Be of good moral character;
    (c) Be able to read, write, and understand the English language and 
speak it without accent or impediment of speech that would interfere 
with two-way radio conversation;
    (d) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy or the 
Coast Guard, hold at least a second-class medical certificate issued 
under part 67 of this chapter within the 12 months before the date 
application is made; and
    (e) Comply with Sec. 65.35.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 
45 FR 18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]



Sec. 65.35   Knowledge requirements.

    Each applicant for an air traffic control tower operator certificate 
must pass a written test on--
    (a) The flight rules in part 91 of this chapter:

[[Page 104]]

    (b) Airport traffic control procedures, and this subpart:
    (c) En route traffic control procedures;
    (d) Communications operating procedures;
    (e) Flight assistance service;
    (f) Air navigation, and aids to air navigation; and
    (g) Aviation weather.



Sec. 65.37   Skill requirements: Operating positions.

    No person may act as an air traffic control tower operator at any 
operating position unless he has passed a practical test on--
    (a) Control tower equipment and its use;
    (b) Weather reporting procedures and use of reports;
    (c) Notices to Airmen, and use of the Airman's Information Manual;
    (d) Use of operational forms;
    (e) Performance of noncontrol operational duties; and
    (f) Each of the following procedures that is applicable to that 
operating position and is required by the person performing the 
examination:
    (1) The airport, including rules, equipment, runways, taxiways, and 
obstructions.
    (2) The terrain features, visual checkpoints, and obstructions 
within the lateral boundaries of the surface areas of Class B, Class C, 
Class D, or Class E airspace designated for the airport.
    (3) Traffic patterns and associated procedures for use of 
preferential runways and noise abatement.
    (4) Operational agreements.
    (5) The center, alternate airports, and those airways, routes, 
reporting points, and air navigation aids used for terminal air traffic 
control.
    (6) Search and rescue procedures.
    (7) Terminal air traffic control procedures and phraseology.
    (8) Holding procedures, prescribed instrument approach, and 
departure procedures.
    (9) Radar alignment and technical operation.
    (10) The application of the prescribed radar and nonradar separation 
standard, as appropriate.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1991, as amended by Amdt. 65-36, 
56 FR 65653, Dec. 17, 1991]



Sec. 65.39   Practical experience requirements: Facility rating.

    Each applicant for a facility rating at any air traffic control 
tower must have satisfactorily served--
    (a) As an air traffic control tower operator at that control tower 
without a facility rating for at least 6 months; or
    (b) As an air traffic control tower operator with a facility rating 
at a different control tower for at least 6 months before the date he 
applies for the rating.

However, an applicant who is a member of an Armed Force of the United 
States meets the requirements of this section if he has satisfactorily 
served as an air traffic control tower operator for at least 6 months.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-19, 36 
FR 21280, Nov. 5, 1971]



Sec. 65.41   Skill requirements: Facility ratings.

    Each applicant for a facility rating at an air traffic control tower 
must have passed a practical test on each item listed in Sec. 65.37 of 
this part that is applicable to each operating position at the control 
tower at which the rating is sought.



Sec. 65.43   Rating privileges and exchange.

    (a) The holder of a senior rating on August 31, 1970, may at any 
time after that date exchange his rating for a facility rating at the 
same air traffic control tower. However, if he does not do so before 
August 31, 1971, he may not thereafter exercise the privileges of his 
senior rating at the control tower concerned until he makes the 
exchange.
    (b) The holder of a junior rating on August 31, 1970, may not 
control air traffic, at any operating position at the control tower 
concerned, until he has met the applicable requirements of Sec. 65.37 of 
this part. However, before

[[Page 105]]

meeting those requirements he may control air traffic under the 
supervision, where required, of an operator with a senior rating (or 
facility rating) in accordance with Sec. 65.41 of this part in effect 
before August 31, 1970.



Sec. 65.45   Performance of duties.

    (a) An air traffic control tower operator shall perform his duties 
in accordance with the limitations on his certificate and the procedures 
and practices prescribed in air traffic control manuals of the FAA, to 
provide for the safe, orderly, and expeditious flow of air traffic.
    (b) An operator with a facility rating may control traffic at any 
operating position at the control tower at which he holds a facility 
rating. However, he may not issue an air traffic clearance for IFR 
flight without authorization from the appropriate facility exercising 
IFR control at that location.
    (c) An operator who does not hold a facility rating for a particular 
control tower may act at each operating position for which he has 
qualified, under the supervision of an operator holding a facility 
rating for that control tower.

[Doc. No. 10193, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16, 
35 FR 14075, Sept. 4, 1970]



Sec. 65.46  Use of prohibited drugs.

    (a) The following definitions apply for the purposes of this 
section:
    (1) An employee is a person who performs an air traffic control 
function for an employer. For the purpose of this section, a person who 
performs such a function pursuant to a contract with an employer is 
considered to be performing that function for the employer.
    (2) An ``employer'' means an air traffic control facility not 
operated by the FAA or by or under contract to the U.S. military that 
employs a person to perform an air traffic control function.
    (b) Each employer shall provide each employee performing a function 
listed in appendix I to part 121 of this chapter and his or her 
supervisor with the training specified in that appendix. No employer may 
use any contractor to perform an air traffic control function unless 
that contractor provides each of its employees performing that function 
for the employer and his or her supervisor with the training specified 
in that appendix.
    (c) No employer may knowingly use any person to perform, nor may any 
person perform for an employer, either directly or by contract, any air 
traffic control function while that person has a prohibited drug, as 
defined in appendix I to part 121 of this chapter, in his or her system.
    (d) No employer shall knowingly use any person to perform, nor may 
any person perform for an employer, either directly or by contract, any 
air traffic control function if the person has a verified positive drug 
test result on or has refused to submit to a drug test required by 
appendix I to part 121 of this chapter and the person has not met the 
requirements of appendix I to part 121 of this chapter for returning to 
the performance of safety-sensitive duties.
    (e) Each employer shall test each of its employees who performs any 
air traffic control function in accordance with appendix I to part 121 
of this chapter. No employer may use any contractor to perform any air 
traffic control function unless that contractor tests each employee 
performing such a function for the employer in accordance with that 
appendix.

[Doc. No. 25148, 53 FR 47056, Nov. 21, 1988, as amended by Amdt. 65-38, 
59 FR 42927, Aug. 19, 1994]



Sec. 65.46a  Misuse of alcohol.

    (a) This section applies to employees who perform air traffic 
control duties directly or by contract for an employer that is an air 
traffic control facility not operated by the FAA or the U.S. military 
(covered employees).
    (b) Alcohol concentration. No covered employee shall report for duty 
or remain on duty requiring the performance of safety-sensitive 
functions while having an alcohol concentration of 0.04 or greater. No 
employer having actual knowledge that an employee has an alcohol 
concentration of 0.04 or greater shall permit the employee to perform or 
continue to perform safety-sensitive functions.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. No employer having actual 
knowledge that a

[[Page 106]]

covered employee is using alcohol while performing safety-sensitive 
functions shall permit the employee to perform or continue to perform 
safety-sensitive functions.
    (d) Pre-duty use. No covered employee shall perform air traffic 
control duties within 8 hours after using alcohol. No employer having 
actual knowledge that such an employee has used alcohol within 8 hours 
shall permit the employee to perform or continue to perform air traffic 
control duties.
    (e) Use following an accident. No covered employee who has actual 
knowledge of an accident involving an aircraft for which he or she 
performed a safety-sensitive function at or near the time of the 
accident shall use alcohol for 8 hours following the accident, unless he 
or she has been given a post-accident test under appendix J to part 121 
of this chapter, or the employer has determined that the employee's 
performance could not have contributed to the accident.
    (f) Refusal to submit to a required alcohol test. No covered 
employee shall refuse to submit to a post-accident, random, reasonable 
suspicion, or follow-up alcohol test required under appendix J to part 
121 of this chapter. No employer shall permit an employee who refuses to 
submit to such a test to perform or continue to perform safety-sensitive 
functions.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]



Sec. 65.46b  Testing for alcohol.

    (a) Each air traffic control facility not operated by the FAA or the 
U.S. military (hereinafter employer) must establish an alcohol misuse 
prevention program in accordance with the provisions of appendix J to 
part 121 of this chapter.
    (b) No employer shall use any person who meets the definition of 
covered employee in appendix J to part 121 to perform a safety-sensitive 
function listed in that appendix unless such person is subject to 
testing for alcohol misuse in accordance with the provisions of appendix 
J.

[Amdt. 65-37, 59 FR 7389, Feb. 15, 1994]



Sec. 65.47   Maximum hours.

    Except in an emergency, a certificated air traffic control tower 
operator must be relieved of all duties for at least 24 consecutive 
hours at least once during each 7 consecutive days. Such an operator may 
not serve or be required to serve--
    (a) For more than 10 consecutive hours; or
    (b) For more than 10 hours during a period of 24 consecutive hours, 
unless he has had a rest period of at least 8 hours at or before the end 
of the 10 hours of duty.



Sec. 65.49   General operating rules.

    (a) Except for a person employed by the FAA or employed by, or on 
active duty with, the Department of the Air Force, Army, or Navy, or the 
Coast Guard, no person may act as an air traffic control tower operator 
under a certificate issued to him or her under this part unless he or 
she has in his or her personal possession an appropriate current medical 
certificate issued under part 67 of this chapter.
    (b) Each person holding an air traffic control tower operator 
certificate shall keep it readily available when performing duties in an 
air traffic control tower, and shall present that certificate or his 
medical certificate or both for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.
    (c) A certificated air traffic control tower operator who does not 
hold a facility rating for a particular control tower may not act at any 
operating position at the control tower concerned unless there is 
maintained at that control tower, readily available to persons named in 
paragraph (b) of this section, a current record of the operating 
positions at which he has qualified.
    (d) An air traffic control tower operator may not perform duties 
under his certificate during any period of known physical deficiency 
that would make him unable to meet the physical requirements for his 
current medical certificate. However, if the deficiency is temporary, he 
may perform duties that are not affected by it whenever another

[[Page 107]]

certificated and qualified operator is present and on duty.
    (e) A certificated air traffic control tower operator may not 
control air traffic with equipment that the Administrator has found to 
be inadequate.
    (f) The holder of an air traffic control tower operator certificate, 
or an applicant for one, shall, upon the reasonable request of the 
Administrator, cooperate fully in any test that is made of him.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-31, 52 
FR 17519, May 8, 1987]



Sec. 65.50   Currency requirements.

    The holder of an air traffic control tower operator certificate may 
not perform any duties under that certificate unless--
    (a) He has served for at least three of the preceding 6 months as an 
air traffic control tower operator at the control tower to which his 
facility rating applies, or at the operating positions for which he has 
qualified; or
    (b) He has shown that he meets the requirements for his certificate 
and facility rating at the control tower concerned, or for operating at 
positions for which he has previously qualified.



                     Subpart C--Aircraft Dispatchers



Sec. 65.51   Certificate required.

    (a) No person may serve as an aircraft dispatcher (exercising 
responsibility with the pilot in command in the operational control of a 
flight) in connection with any civil aircraft in air commerce unless he 
has in his personal possession a current aircraft dispatcher certificate 
issued under this subpart.
    (b) Each person who holds an aircraft dispatcher certificate shall 
present it for inspection upon the request of the Administrator or an 
authorized representative of the National Transportation Safety Board, 
or of any Federal, State, or local law enforcement officer.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 
FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967]



Sec. 65.53   Eligibility requirements: General.

    To be eligible for an aircraft dispatcher certificate, a person 
must--
    (a) Be at least 23 years of age;
    (b) Be able to read, speak, and understand the English language, or 
have an appropriate limitation placed on his certificate;
    (c) Comply with Secs. 65.55, 65.57, and 65.59.



Sec. 65.55   Knowledge requirements.

    (a) An applicant for an aircraft dispatcher certificate must pass a 
written test on--
    (1) The regulations of this chapter that apply to the duties of an 
aircraft dispatcher;
    (2) The general system of collecting and disseminating weather 
information;
    (3) Interpreting aviation weather reports, including abbreviations 
and symbols, as prescribed in ``National Weather Service Federal 
Meteorological Handbook No. 1,'' as amended;
    (4) The fundamentals of meteorology as applied to aircraft 
operations, particularly as to--
    (i) Surface and upper air weather maps and general characteristics 
of air masses, pressure systems, and frontal systems, including their 
symbols and nomenclature;
    (ii) Cloud forms and their significance; and
    (iii) Icing, turbulence, thunderstorms, fog and low ceilings, winds 
aloft, pressure pattern flying, the influence of terrain on 
meteorological conditions, and general principles of forecasting and 
analysis;
    (5) Principles of aircraft navigation with particular respect to 
instrument operation and procedures;
    (6) Communications facilities and procedures;
    (7) Air navigation facilities and procedures; and
    (8) Air traffic control procedures.
    (b) A report of the test is sent to the applicant. A passing grade 
is evidence, for a period of 24 months after the date the test is given, 
that the applicant has complied with this section.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-18, 36 
FR 13911, July 28, 1971]

[[Page 108]]



Sec. 65.57   Experience requirements.

    An applicant for an aircraft dispatcher certificate must present 
documentary evidence satisfactory to the Administrator that he has the 
experience prescribed in any one of the following paragraphs:
    (a) A total of at least 2 of the 3 years before the date he applies, 
in scheduled air carrier operations, scheduled military aviation 
operations, or any other aircraft operations that the Administrator 
finds provides equivalent experience--
    (1) As a pilot member of a flight crew;
    (2) As a flight radio operator or ground radio operator;
    (3) As a flight navigator;
    (4) As a meteorologist;
    (5) Performing the duties of an aircraft dispatcher or his 
assistant; or
    (6) Performing other duties that the Administrator finds provide 
equivalent experience.
    (b) A total of at least 2 of the 3 years before the date he applies, 
as an air route traffic controller or a certificated air-traffic 
control-tower operator.
    (c) A total of at least 1 of the 2 years before the date he applies, 
as an assistant in dispatching scheduled air carrier aircraft performing 
the duties of an aircraft dispatcher under the direct supervision of a 
certificated dispatcher.
    (d) Within 90 days before the date he applies, successful completion 
of a course of instruction approved by the Administrator as adequate for 
the training of an aircraft dispatcher.

An applicant is entitled to credit any combination of experience in 
paragraph (a), or paragraphs (a) and (b), of this section, if the 
aggregate of that experience is at least 2 years.



Sec. 65.59   Skill requirements.

    An applicant for an aircraft dispatcher certificate must pass a 
practical test--
    (a) With respect to any one type of large aircraft used in air 
carrier operations, on--
    (1) Weight and balance limitations;
    (2) Performance operating limitations;
    (3) Using cruise control charts;
    (4) Fuel and oil capacities and rates of consumption; and
    (5) Using the operations manual;
    (b) On the characteristics of air routes and airports with 
particular reference to--
    (1) Landing areas;
    (2) Lighting facilities; and
    (3) Approach and landing facilities and procedures;
    (c) On the use and limitations of sensitive-type altimeters;
    (d) On applying available weather forecasts and reports to determine 
whether a flight can be made safely;
    (e) On using the Airman's Guide and the Flight Information Manual;
    (f) On dispatching and assisting a flight under adverse weather 
conditions; and
    (g) On emergency procedures.



Sec. 65.61   Aircraft dispatcher courses.

    An applicant for approval of an aircraft dispatcher course shall 
submit a letter to the Administrator requesting approval, and shall also 
submit three copies of the course outline, a description of his 
equipment and facilities and a list of the instructors and their 
qualifications. Requirements for the course and the outline are set 
forth in appendix A to this part.



                          Subpart D--Mechanics



Sec. 65.71   Eligibility requirements: General.

    (a) To be eligible for a mechanic certificate and associated 
ratings, a person must--
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language, or in the case of an applicant who does not meet this 
requirement and who is employed outside of the United States by a U.S. 
air carrier, have his certificate endorsed ``Valid only outside the 
United States'';
    (3) Have passed all of the prescribed tests within a period of 24 
months; and
    (4) Comply with the sections of this subpart that apply to the 
rating he seeks.
    (b) A certificated mechanic who applies for an additional rating 
must meet the requirements of Sec. 65.77 and, within a period of 24 
months, pass the

[[Page 109]]

tests prescribed by Secs. 65.75 and 65.79 for the additional rating 
sought.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-6, 31 
FR 5950, Apr. 19, 1966]



Sec. 65.73   Ratings.

    (a) The following ratings are issued under this subpart:
    (1) Airframe.
    (2) Powerplant.
    (b) A mechanic certificate with an aircraft or aircraft engine 
rating, or both, that was issued before, and was valid on, June 15, 
1952, is equal to a mechanic certificate with an airframe or powerplant 
rating, or both, as the case may be, and may be exchanged for such a 
corresponding certificate and rating or ratings.



Sec. 65.75   Knowledge requirements.

    (a) Each applicant for a mechanic certificate or rating must, after 
meeting the applicable experience requirements of Sec. 65.77, pass a 
written test covering the construction and maintenance of aircraft 
appropriate to the rating he seeks, the regulations in this subpart, and 
the applicable provisions of parts 43 and 91 of this chapter. The basic 
principles covering the installation and maintenance of propellers are 
included in the powerplant test.
    (b) The applicant must pass each section of the test before applying 
for the oral and practical tests prescribed by Sec. 65.79. A report of 
the written test is sent to the applicant.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-1, 27 
FR 10410, Oct. 25, 1962; Amdt. 65-6, 31 FR 5950, Apr. 19, 1966]



Sec. 65.77   Experience requirements.

    Each applicant for a mechanic certificate or rating must present 
either an appropriate graduation certificate or certificate of 
completion from a certificated cated aviation maintenance technician 
school or documentary evidence, satisfactory to the Administrator, of--
    (a) At least 18 months of practical experience with the procedures, 
practices, materials, tools, machine tools, and equipment generally used 
in constructing, maintaining, or altering airframes, or powerplants 
appropriate to the rating sought; or
    (b) At least 30 months of practical experience concurrently 
performing the duties appropriate to both the airframe and powerplant 
ratings.

[Doc. No. 1179, 27 FR, 7973, Aug. 10, 1962, as amended by Amdt. 65-14, 
35 FR, 5533, Apr. 3, 1970]



Sec. 65.79   Skill requirements.

    Each applicant for a mechanic certificate or rating must pass an 
oral and a practical test on the rating he seeks. The tests cover the 
applicant's basic skill in performing practical projects on the subjects 
covered by the written test for that rating. An applicant for a 
powerplant rating must show his ability to make satisfactory minor 
repairs to, and minor alterations of, propellers.



Sec. 65.80   Certificated aviation maintenance technician school students.

    Whenever an aviation maintenance technician school certificated 
under part 147 of this chapter shows to an FAA inspector that any of its 
students has made satisfactory progress at the school and is prepared to 
take the oral and practical tests prescribed by Sec. 65.79, that student 
may take those tests during the final subjects of his training in the 
approved curriculum, before he meets the applicable experience 
requirements of Sec. 65.77 and before he passes each section of the 
written test prescribed by Sec. 65.75.

[Doc. No. 9444, 35 FR 5533, Apr. 3, 1970]



Sec. 65.81   General privileges and limitations.

    (a) A certificated mechanic may perform or supervise the 
maintenance, preventive maintenance or alteration of an aircraft or 
appliance, or a part thereof, for which he is rated (but excluding major 
repairs to, and major alterations of, propellers, and any repair to, or 
alteration of, instruments), and may perform additional duties in 
accordance with Secs. 65.85, 65.87, and 65.95. However, he may not 
supervise the maintenance, preventive maintenance, or alteration of, or 
approve and return to service, any aircraft or appliance, or part 
thereof, for which he is rated unless he has satisfactorily performed 
the

[[Page 110]]

work concerned at an earlier date. If he has not so performed that work 
at an earlier date, he may show his ability to do it by performing it to 
the satisfaction of the Administrator or under the direct supervision of 
a certificated and appropriately rated mechanic, or a certificated 
repairman, who has had previous experience in the specific operation 
concerned.
    (b) A certificated mechanic may not exercise the privileges of his 
certificate and rating unless he understands the current instructions of 
the manufacturer, and the maintenance manuals, for the specific 
operation concerned.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 
FR 5451, Apr. 23, 1964; Amdt. 65-26, 45 FR 46737, July 10, 1980]



Sec. 65.83   Recent experience requirements.

    A certificated mechanic may not exercise the privileges of his 
certificate and rating unless, within the preceding 24 months--
    (a) The Administrator has found that he is able to do that work; or
    (b) He has, for at least 6 months--
    (1) Served as a mechanic under his certificate and rating;
    (2) Technically supervised other mechanics;
    (3) Supervised, in an executive capacity, the maintenance or 
alteration of aircraft; or
    (4) Been engaged in any combination of paragraph (b) (1), (2), or 
(3) of this section.



Sec. 65.85   Airframe rating; additional privileges.

    A certificated mechanic with an airframe rating may approve and 
return to service an airframe, or any related part or appliance, after 
he has performed, supervised, or inspected its maintenance or alteration 
(excluding major repairs and major alterations). In addition, he may 
perform the 100-hour inspection required by part 91 of this chapter on 
an airframe, or any related part or appliance, and approve and return it 
to service.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967]



Sec. 65.87   Powerplant rating; additional privileges.

    A certificated mechanic with a powerplant rating may approve and 
return to service a powerplant or propeller or any related part or 
appliance, after he has performed, supervised, or inspected its 
maintenance or alteration (excluding major repairs and major 
alterations). In addition, he may perform the 100-hour inspection 
required by part 91 of this chapter on a powerplant or propeller, or any 
part thereof, and approve and return it to service.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967]



Sec. 65.89   Display of certificate.

    Each person who holds a mechanic certificate shall keep it within 
the immediate area where he normally exercises the privileges of the 
certificate and shall present it for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



Sec. 65.91   Inspection authorization.

    (a) An application for an inspection authorization is made on a form 
and in a manner prescribed by the Administrator.
    (b) An applicant who meets the requirements of this section is 
entitled to an inspection authorization.
    (c) To be eligible for an inspection authorization, an applicant 
must--
    (1) Hold a currently effective mechanic certificate with both an 
airframe rating and a powerplant rating, each of which is currently 
effective and has been in effect for a total of at least 3 years;
    (2) Have been actively engaged, for at least the 2-year period 
before the date he applies, in maintaining aircraft certificated and 
maintained in accordance with this chapter;
    (3) Have a fixed base of operations at which he may be located in 
person or by telephone during a normal working week but it need not be 
the place where

[[Page 111]]

he will exercise his inspection authority;
    (4) Have available to him the equipment, facilities, and inspection 
data necessary to properly inspect airframes, powerplants, propellers, 
or any related part or appliance; and
    (5) Pass a written test on his ability to inspect according to 
safety standards for returning aircraft to service after major repairs 
and major alterations and annual and progressive inspections performed 
under part 43 of this chapter.

An applicant who fails the test prescribed in paragraph (c)(5) of this 
section may not apply for retesting until at least 90 days after the 
date he failed the test.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-5, 31 
FR 3337, Mar. 3, 1966; Amdt. 65-22, 42 FR 46279, Sept. 15, 1977; Amdt. 
65-30, 50 FR 15700, Apr. 19, 1985]



Sec. 65.92  Inspection authorization: Duration.

    (a) Each inspection authorization expires on March 31 of each year. 
However, the holder may exercise the privileges of that authorization 
only while he holds a currently effective mechanic certificate with both 
a currently effective airframe rating and a currently effective 
powerplant rating.
    (b) An inspection authorization ceases to be effective whenever any 
of the following occurs:
    (1) The authorization is surrendered, suspended, or revoked.
    (2) The holder no longer has a fixed base of operation.
    (3) The holder no longer has the equipment, facilities, and 
inspection data required by Sec. 65.91(c) (3) and (4) for issuance of 
his authorization.
    (c) The holder of an inspection authorization that is suspended or 
revoked shall, upon the Administrator's request, return it to the 
Administrator.

[Doc. No. 12537, 42 FR 46279, Sept. 15, 1977]



Sec. 65.93  Inspection authorization: Renewal.

    (a) To be eligible for renewal of an inspection authorization for a 
1-year period an applicant must present evidence annually, during the 
month of March, at an FAA Flight Standards District Office or an 
International Field Office that the applicant still meets the 
requirements of Sec. 65.91(c) (1) through (4) and must show that, during 
the current period that the applicant held the inspection authorization, 
the applicant--
    (1) Has performed at least one annual inspection for each 90 days 
that the applicant held the current authority; or
    (2) Has performed inspections of at least two major repairs or major 
alterations for each 90 days that the applicant held the current 
authority; or
    (3) Has performed or supervised and approved at least one 
progressive inspection in accordance with standards prescribed by the 
Administrator; or
    (4) Has attended and successfully completed a refresher course, 
acceptable to the Administrator, of not less than 8 hours of instruction 
during the 12-month period preceding the application for renewal; or
    (5) Has passed on oral test by an FAA inspector to determine that 
the applicant's knowledge of applicable regulations and standards is 
current.
    (b) The holder of an inspection authorization that has been in 
effect for less than 90 days before the expiration date need not comply 
with paragraphs (a) (1) through (5) of this section.

[Doc. No. 18241, 45 FR 46738, July 10, 1980, as amended by Amdt. 65-35, 
54 FR 39292, Sept. 25, 1989]



Sec. 65.95   Inspection authorization: Privileges and limitations.

    (a) The holder of an inspection authorization may--
    (1) Inspect and approve for return to service any aircraft or 
related part or appliance (except any aircraft maintained in accordance 
with a continuous airworthiness program under part 121 or 127 of this 
chapter) after a major repair or major alteration to it in accordance 
with part 43 [New] of this chapter, if the work was done in accordance 
with technical data approved by the Administrator; and
    (2) Perform an annual, or perform or supervise a progressive 
inspection according to Secs. 43.13 and 43.15 of this chapter.
    (b) When he exercises the privileges of an inspection authorization 
the

[[Page 112]]

holder shall keep it available for inspection by the aircraft owner, the 
mechanic submitting the aircraft, repair, or alteration for approval (if 
any), and shall present it upon the request of the Administrator or an 
authorized representative of the National Transportation Safety Board, 
or of any Federal, State, or local law enforcement officer.
    (c) If the holder of an inspection authorization changes his fixed 
base of operation, he may not exercise the privileges of the 
authorization until he has notified the FAA Flight Standards District 
Office or International Field Office for the area in which the new base 
is located, in writing, of the change.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 
FR 5451, Apr. 23, 1964; Amdt. 65-4, 30 FR 3638, Mar. 14, 1965; Amdt. 65-
5, 31 FR 3337, Mar. 3, 1966; Amdt. 65-9, 31 FR 13524, Oct. 20, 1966; 32 
FR 5769, Apr. 11, 1967; Amdt. 65-35, 54 FR 39292, Sept. 25, 1989]



                          Subpart E--Repairmen



Sec. 65.101   Eligibility requirements: General.

    (a) To be eligible for a repairman certificate a person must--
    (1) Be at least 18 years of age;
    (2) Be specially qualified to perform maintenance on aircraft or 
components thereof, appropriate to the job for which he is employed;
    (3) Be employed for a specific job requiring those special 
qualifications by a certificated repair station, or by a certificated 
commercial operator or certificated air carrier, that is required by its 
operating certificate or approved operations specifications to provide a 
continuous airworthiness maintenance program according to its 
maintenance manuals;
    (4) Be recommended for certification by his employer, to the 
satisfaction of the Administrator, as able to satisfactorily maintain 
aircraft or components, appropriate to the job for which he is employed;
    (5) Have either--
    (i) At least 18 months of practical experience in the procedures, 
practices, inspection methods, materials, tools, machine tools, and 
equipment generally used in the maintenance duties of the specific job 
for which the person is to be employed and certificated; or
    (ii) Completed formal training that is acceptable to the 
Administrator and is specifically designed to qualify the applicant for 
the job on which the applicant is to be employed; and
    (6) Be able to read, write, speak, and understand the English 
language, or, in the case of an applicant who does not meet this 
requirement and who is employed outside the United States by a 
certificated repair station, a certificated U.S. commercial operator, or 
a certificated U.S. air carrier, described in paragraph (c) of this 
section, have his certificate endorsed ``Valid only outside the United 
States.''
    (b) This section does not apply to the issuance of repairman 
certificates (experimental aircraft builder) under Sec. 65.104.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-11, 32 
FR 13506, Sept. 27, 1967; Amdt. 65-24, 44 FR 46781, Aug. 9, 1979; Amdt. 
65-27, 47 FR 13316, Mar. 29, 1982]



Sec. 65.103  Repairman certificate: Privileges and limitations.

    (a) A certificated repairman may perform or supervise the 
maintenance, preventive maintenance, or alteration of aircraft or 
aircraft components appropriate to the job for which the repairman was 
employed and certificated, but only in connection with duties for the 
certificate holder by whom the repairman was employed and recommended.
    (b) A certificated repairman may not perform or supervise duties 
under the repairman certificate unless the repairman understands the 
current instructions of the certificate holder by whom the repairman is 
employed and the manufacturer's instructions for continued airworthiness 
relating to the specific operations concerned.

[Doc. No. 18241, 45 FR 46738, July 10, 1980]



Sec. 65.104  Repairman certificate--experimental aircraft builder--Eligibility, privileges and limitations.

    (a) To be eligible for a repairman certificate (experimental 
aircraft builder), an individual must--
    (1) Be at least 18 years of age;

[[Page 113]]

    (2) Be the primary builder of the aircraft to which the privileges 
of the certificate are applicable;
    (3) Show to the satisfaction of the Administrator that the 
individual has the requisite skill to determine whether the aircraft is 
in a condition for safe operations; and
    (4) Be a citizen of the United States or an individual citizen of a 
foreign country who has lawfully been admitted for permanent residence 
in the United States.
    (b) The holder of a repairman certificate (experimental aircraft 
builder) may perform condition inspections on the aircraft constructed 
by the holder in accordace with the operating limitations of that 
aircraft.
    (c) Section 65.103 does not apply to the holder of a repairman 
certificate (experimental aircraft builder) while performing under that 
certificate.

[Doc. No. 18739, 44 FR 46781, Aug. 9, 1979]



Sec. 65.105   Display of certificate.

    Each person who holds a repairman certificate shall keep it within 
the immediate area where he normally exercises the privileges of the 
certificate and shall present it for inspection upon the request of the 
Administrator or an authorized representative of the National 
Transportation Safety Board, or of any Federal, State, or local law 
enforcement officer.

[Doc. No. 7258, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967]



                      Subpart F--Parachute Riggers



Sec. 65.111   Certificate required.

    (a) No person may pack, maintain, or alter any personnel-carrying 
parachute intended for emergency use in connection with civil aircraft 
of the United States (including the auxiliary parachute of a dual 
parachute pack to be used for intentional jumping) unless he holds an 
appropriate current certificate and type rating issued under this 
subpart and complies with Secs. 65.127 through 65.133.
    (b) No person may pack, maintain, or alter any main parachute of a 
dual parachute pack to be used for intentional jumping in connection 
with civil aircraft of the United States unless he has an appropriate 
current certificate issued under this subpart. However, a person who 
does not hold such a certificate may pack the main parachute of a dual 
parachute pack that is to be used by him for intentional jumping.
    (c) Each person who holds a parachute rigger certificate shall 
present it for inspection upon the request of the Administrator or an 
authorized representative of the National Transportation Safety Board, 
or of any Federal, State, or local law enforcement officer.
    (d) The following parachute rigger certificates are issued under 
this part:
    (1) Senior parachute rigger.
    (2) Master parachute rigger.
    (e) Sections 65.127 through 65.133 do not apply to parachutes 
packed, maintained, or altered for the use of the armed forces.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 
FR 13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967]



Sec. 65.113   Eligibility requirements: General.

    (a) To be eligible for a parachute rigger certificate, a person 
must--
    (1) Be at least 18 years of age;
    (2) Be able to read, write, speak, and understand the English 
language, or, in the case of a citizen of Puerto Rico, or a person who 
is employed outside of the United States by a U.S. air carrier, and who 
does not meet this requirement, be issued a certificate that is valid 
only in Puerto Rico or while he is employed outside of the United States 
by that air carrier, as the case may be; and
    (3) Comply with the sections of this subpart that apply to the 
certificate and type rating he seeks.
    (b) Except for a master parachute rigger certificate, a parachute 
rigger certificate that was issued before, and was valid on, October 31, 
1962, is equal to a senior parachute rigger certificate, and may be 
exchanged for such a corresponding certificate.



Sec. 65.115   Senior parachute rigger certificate: Experience, knowledge, and skill requirements.

    Except as provided in Sec. 65.117, an applicant for a senior 
parachute rigger certificate must--

[[Page 114]]

    (a) Present evidence satisfactory to the Administrator that he has 
packed at least 20 parachutes of each type for which he seeks a rating, 
in accordance with the manufacturer's instructions and under the 
supervision of a certificated parachute rigger holding a rating for that 
type or a person holding an appropriate military rating;
    (b) Pass a written test, with respect to parachutes in common use, 
on--
    (1) Their construction, packing, and maintenance;
    (2) The manufacturer's instructions;
    (3) The regulations of this subpart; and
    (c) Pass an oral and practical test showing his ability to pack and 
maintain at least one type of parachute in common use, appropriate to 
the type rating he seeks.

[Doc. No. 10468, 37 FR 13251, July 6, 1972]



Sec. 65.117   Military riggers or former military riggers: Special certification rule.

    In place of the procedure in Sec. 65.115, an applicant for a senior 
parachute rigger certificate is entitled to it if he passes a written 
test on the regulations of this subpart and presents satisfactory 
documentary evidence that he--
    (a) Is a member or civilian employee of an Armed Force of the United 
States, is a civilian employee of a regular armed force of a foreign 
country, or has, within the 12 months before he applies, been honorably 
discharged or released from any status covered by this paragraph;
    (b) Is serving, or has served within the 12 months before he 
applies, as a parachute rigger for such an Armed Force; and
    (c) Has the experience required by Sec. 65.115(a).



Sec. 65.119   Master parachute rigger certificate: Experience, knowledge, and skill requirements.

    An applicant for a master parachute rigger certificate must meet the 
following requirements:
    (a) Present evidence satisfactory to the Administrator that he has 
had at least 3 years of experience as a parachute rigger and has 
satisfactorily packed at least 100 parachutes of each of two types in 
common use, in accordance with the manufacturer's instructions--
    (1) While a certificated and appropriately rated senior parachute 
rigger; or
    (2) While under the supervision of a certificated and appropriately 
rated parachute rigger or a person holding appropriate military ratings.

An applicant may combine experience specified in paragraphs (a) (1) and 
(2) of this section to meet the requirements of this paragraph.
    (b) If the applicant is not the holder of a senior parachute rigger 
certificate, pass a written test, with respect to parachutes in common 
use, on--
    (1) Their construction, packing, and maintenance;
    (2) The manufacturer's instructions; and
    (3) The regulations of this subpart.
    (c) Pass an oral and practical test showing his ability to pack and 
maintain two types of parachutes in common use, appropriate to the type 
ratings he seeks.

[Doc. No. 10468, 37 FR 13252, July 6, 1972]



Sec. 65.121   Type ratings.

    (a) The following type ratings are issued under this subpart:
    (1) Seat.
    (2) Back.
    (3) Chest.
    (4) Lap.
    (b) The holder of a senior parachute rigger certificate who 
qualifies for a master parachute rigger certificate is entitled to have 
placed on his master parachute rigger certificate the ratings that were 
on his senior parachute rigger certificate.



Sec. 65.123   Additional type ratings: Requirements.

    A certificated parachute rigger who applies for an additional type 
rating must--
    (a) Present evidence satisfactory to the Administrator that he has 
packed at least 20 parachutes of the type for which he seeks a rating, 
in accordance with the manufacturer's instructions and under the 
supervision of a certificated parachute rigger holding a rating for that 
type or a person holding an appropriate military rating; and

[[Page 115]]

    (b) Pass a practical test, to the satisfaction of the Administrator, 
showing his ability to pack and maintain the type of parachute for which 
he seeks a rating.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 
FR 13251, July 6, 1972]



Sec. 65.125   Certificates: Privileges.

    (a) A certificated senior parachute rigger may--
    (1) Pack or maintain (except for major repair) any type of parachute 
for which he is rated; and
    (2) Supervise other persons in packing any type of parachute for 
which he is rated.
    (b) A certificated master parachute rigger may--
    (1) Pack, maintain, or alter any type of parachute for which he is 
rated; and
    (2) Supervise other persons in packing, maintaining, or altering any 
type of parachute for which he is rated.
    (c) A certificated parachute rigger need not comply with 
Secs. 65.127 through 65.133 (relating to facilities, equipment, 
performance standards, records, recent experience, and seal) in packing, 
maintaining, or altering (if authorized) the main parachute of a dual 
parachute pack to be used for intentional jumping.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 
FR 13252, July 6, 1972]



Sec. 65.127   Facilities and equipment.

    No certificated parachute rigger may exercise the privileges of his 
certificate unless he has at least the following facilities and 
equipment available to him:
    (a) A smooth top table at least three feet wide by 40 feet long.
    (b) Suitable housing that is adequately heated, lighted, and 
ventilated for drying and airing parachutes.
    (c) Enough packing tools and other equipment to pack and maintain 
the types of parachutes that he services.
    (d) Adequate housing facilities to perform his duties and to protect 
his tools and equipment.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-27, 47 
FR 13316, Mar. 29, 1982]



Sec. 65.129   Performance standards.

    No certificated parachute rigger may--
    (a) Pack, maintain, or alter any parachute unless he is rated for 
that type;
    (b) Pack a parachute that is not safe for emergency use;
    (c) Pack a parachute that has not been thoroughly dried and aired;
    (d) Alter a parachute in a manner that is not specifically 
authorized by the Administrator or the manufacturer;
    (e) Pack, maintain, or alter a parachute in any manner that deviates 
from procedures approved by the Administrator or the manufacturer of the 
parachute; or
    (f) Exercise the privileges of his certificate and type rating 
unless he understands the current manufacturer's instructions for the 
operation involved and has--
    (1) Performed duties under his certificate for at least 90 days 
within the preceding 12 months; or
    (2) Shown the Administrator that he is able to perform those duties.



Sec. 65.131   Records.

    (a) Each certificated parachute rigger shall keep a record of the 
packing, maintenance, and alteration of parachutes performed or 
supervised by him. He shall keep in that record, with respect to each 
parachute worked on, a statement of--
    (1) Its type and make;
    (2) Its serial number;
    (3) The name and address of its owner;
    (4) The kind and extent of the work performed;
    (5) The date when and place where the work was performed; and
    (6) The results of any drop tests made with it.
    (b) Each person who makes a record under paragraph (a) of this 
section shall keep it for at least 2 years after the date it is made.
    (c) Each certificated parachute rigger who packs a parachute shall 
write, on the parachute packing record attached to the parachute, the 
date and place of the packing and a notation of any defects he finds on 
inspection. He shall sign that record with his name and the number of 
his certificate.

[[Page 116]]



Sec. 65.133   Seal.

    Each certificated parachute rigger must have a seal with an 
identifying mark prescribed by the Administrator, and a seal press. 
After packing a parachute he shall seal the pack with his seal in 
accordance with the manufacturer's recommendation for that type of 
parachute.

           Appendix A to Part 65--Aircraft Dispatcher Courses

    (a) Training course outline. It is not mandatory that the training 
course outline have the subject headings arranged exactly as listed in 
the following example. Any arrangement of headings and subheadings will 
be satisfactory provided all the subjects listed in this section are 
included. Each general subject of the outline shall be broken down, in 
detail, showing the items to be covered. Additional subjects, especially 
those which are not closely associated with the training of aircraft 
dispatchers, may be listed so long as the hourly requirements devoted to 
the subjects are not included as a part of the basic minimum hours.
    (b) Format of the training outline and course requirements. The 
course outline submitted for approval must be in looseleaf form, must 
include a table of contents and minimum coverage of the course material, 
and must include the following:

------------------------------------------------------------------------
                                                               Classroom
                           Subject                               hours  
------------------------------------------------------------------------
Federal Aviation Regulations................................          15
  Subpart C of part 65 of this chapter.                                 
  Parts 25, 91, 103, and 121 of this chapter.                           
  Part 430 of the Regulations of the National Transportation            
   Safety Board, ``Rules Pertaining to Aircraft Accidents,              
   Incidents, Overdue Aircraft, and Safety Investigation'',             
   on sale at the Government Printing Office                            
Meteorology.................................................          75
  Basic properties of the atmosphere:                                   
    Composition.                                                        
    Density.                                                            
    Measurement.                                                        
    General circulation.                                                
    Solar heating.                                                      
  Clouds:                                                               
    Formation.                                                          
    Condensation.                                                       
    Precipitation.                                                      
    Use of cloud knowledge in forecasting.                              
    Stability and instability.                                          
  Air mass analysis:                                                    
    Classification.                                                     
    Flying conditions to be encountered.                                
    Use of air mass knowledge in forecasting.                           
  Analysis of fronts:                                                   
    Structure and characteristics.                                      
    Cloud sequences in fronts.                                          
    Establishing position of front by cloud types.                      
    Fronts in North America and seasonal variations                     
    Flying weather in fronts.                                           
    Cyclones and anticyclones.                                          
  Fog:                                                                  
    Types.                                                              
    Cause and formation.                                                
  Ice:                                                                  
    Type.                                                               
    Cause and formation.                                                
  Thunderstorms, hurricanes, tornados:                                  
    Causes.                                                             
    Methods of forecasting.                                             
    Structure and complexity of internal winds.                         
    Hail, its cause and formation.                                      
                                                                        
  Turbulence:                                                           
    Determining the smooth level of flights.                            
    Cause.                                                              
  Interpreting weather data:                                            
    Weather sequences and symbols.                                      
    Weather map symbols.                                                
    Drawing a weather map.                                              
    Reading a weather map.                                              
    Upper-level charts.                                                 
    Adiabatic charts.                                                   
    Winds-aloft charts.                                                 
    Instruments used to gather and record the weather                   
  Weather forecasting:                                                  
    Extrapolation.                                                      
    Movement of fronts and air masses.                                  
    Isobars.                                                            
    Barometric tendency.                                                
  Application of weather knowledge:                                     
    Planning a flight.                                                  
Navigation..................................................          30

[[Page 117]]

                                                                        
  Study of the earth as a planet (charts, maps, and                     
   projections):                                                        
    Mercator projections.                                               
    Gnomonic projections.                                               
    Lambert projections.                                                
    Polyconic projections.                                              
  Chart reading:                                                        
    Symbols, landmarks, etc.                                            
  Dead reckoning:                                                       
    Magnetic variation, compass deviation terms, winds and              
     vectors                                                            
    Correction angle.                                                   
    Findings wind drift-off course.                                     
    Off course problems.                                                
  Wind velocity by single and double drift.                             
    Interception problems.                                              
    Radius of action--problems.                                         
    Search problems.                                                    
    Computer use--problems.                                             
  Radio navigation:                                                     
    Principles of the radio range, radio compass direction              
     finder, marker beacons, ILS, CCA, radio altimeter,                 
     LORAN, and any other                                               
  Navigation instruments:                                               
    Altimeter, air-speed indicator, compass, drift and rate             
     of climb indicator                                                 
Aircraft....................................................          15
  Weight and balance:                                                   
    Center of gravity.                                                  
    How determined.                                                     
    Center of gravity limits.                                           
    Problem in loading.                                                 
  Engine specifications--Powerplant:                                    
    Operating limits.                                                   
    Fuel consumption.                                                   
    Accessories.                                                        
    Operating manual.                                                   
  Airplane specifications:                                              
    Operational equipment.                                              
    Flight controls, landing gear hydraulic system,                     
     electrical system, loading characteristics, fuel                   
     capacity heating and ventilating system, and deicing               
     equipment                                                          
  Performance:                                                          
    Effect of weight, wind, air density, and runway surfaces            
     on take-off performance of aircraft                                
    Power setting and cockpit procedure.                                
    Types of cruise control.                                            
Communications..............................................           8
    Radio-telephone rules and regulations.                              
    FCC rules and regulations.                                          
    Company communications:                                             
      Air to ground radio communications and procedures                 
    Point to point communications and procedures.                       
    Equipment air to ground and point to point.                         
  FAA communications:                                                   
    Air to ground radio communications and procedures                   
    Point to point communications and procedures.                       
    Equipment air to ground and point to point.                         
Simulated instrument flight.................................          10
  Instrument familiarization.                                           
  Bracketing.                                                           
  Orientation.                                                          
  Holding procedure.                                                    
  Let-down procedure.                                                   
  Missed-approach procedure.                                            
Air Traffic Control.........................................          30
  Air route traffic control procedures and equipment.                   
  Airport traffic control procedures and equipment.                     
Practical Dispatching.......................................          15
  Preflight:                                                            
    Safety.                                                             
    Economic advantage.                                                 
    Crew.                                                               
    Notams.                                                             
    The course and distance.                                            
    Horizontal and vertical extent of the weather.                      
    Winds.                                                              
    Forecast.                                                           
    Minimum safe altitude.                                              
    The cruising altitude.                                              
    Flight plan.                                                        
    The alternate plan.                                                 
    Clearances, company air traffic control.                            
    The fuel.                                                           
    The load.                                                           
    The departure time.                                                 
                                                                        
  In-flight:                                                            
    Position report.                                                    
    Altimeter settings.                                                 
    Weather reports.                                                    
    Changes in forecast.                                                
    Changing instrument altitude.                                       
    Changing from VFR to IFR.                                           
    Additional clearances.                                              
    Emergency procedures.                                               
  Post-flight:                                                          
    Arrival report.                                                     
    Differences between the forecasted and actual weather               
     encountered for subsequent flights                                 
------------------------------------------------------------------------

    (c) Facilities, equipment, and material. An applicant for authority 
to operate an approved aircraft dispatcher course of study must have the 
following facilities, equipment, and materials:
    (1) Facilities. Suitable classrooms, adequate to accommodate the 
largest number of students scheduled for attendance at any one time. 
Such classrooms shall be properly heated, lighted, and ventilated.
    (2) Equipment and materials. Suitable devices for the teaching of 
simulated instrument flight, navigation, and meteorology, acceptable 
textbooks, operations manuals, wall maps, charts, blackboards, and 
visual aids of a quantity which will provide for each student the 
theoretical and practical aspects of aircraft dispatching.
    (d) Instructors. (1) The number of instructors available for 
conducting the course of study shall be determined according to the 
needs and facilities of the applicant. However, the ratio of students 
per instructor

[[Page 118]]

may not exceed 25 students for one instructor.
    (2) At least one instructor who possesses a currently effective 
aircraft dispatcher certificate must be available for coordination of 
the training course instruction.
    (e) Revision of training course. Requests for revision of course 
outlines, facilities, and equipment shall be accomplished in the same 
manner established for securing approval of the original course of 
study. Revisions must be submitted in such form that an entire page or 
pages of the approved outline can be removed and replaced by the 
revision.
    The list of instructors may be revised at any time without request 
for approval, provided the minimum requirements are maintained and the 
local inspector is notified.
    (f) Credit for previous experience or training. A course operator 
may evaluate an entrant's previous experience or training and where the 
training or experience is provable and comparable to portions of the 
approved course curriculum, may, as each individual case warrants, allow 
credit for such, commensurate with accepted training practices. Where 
credit is allowed, the basis for allowance and the total hours credited 
must be incorporated as a part of the student's records, provided for in 
paragraph (g) of this Appendix.
    (g) Student records and reports. Approval of a course may not be 
continued in effect unless the course operator keeps an accurate record 
of each student, including a chronological log of all instructions, 
subjects covered, and course examinations and grades, and unless he 
prepares and transmits to the FAA not later than January 31 of each 
year, a report containing the following information:
    (1) The names of all students graduated, together with school grades 
for aircraft dispatcher courses.
    (2) The names of all students failed or dropped, together with 
school grades and reasons for dropping.
    (h) Quality of instruction. Approval of a course may not be 
continued in effect unless at least 80 percent of the students who apply 
within 90 days after graduation are able to qualify on the first attempt 
for certification as aircraft dispatchers.
    (i) Statement of graduation. Each student who successfully completes 
the approved aircraft dispatcher course shall be given a statement of 
graduation.
    (j) Change of ownership, name, or location--(1) Change of ownership. 
Approval of an aircraft dispatcher course may not be continued in effect 
after the course has changed ownership. The new owner must obtain a new 
approval by following the procedures prescribed for original approval.
    (2) Change in name. An approved course changed in name but not 
changed in ownership remains valid if the change is reported by the 
approved course operator to the local inspector who will issue a letter 
of approval under the new name.
    (3) Change in location. An approved course remains in effect even 
though the approved course operator changes location if the change is 
reported without delay by the operator to the local inspector who will 
inspect the facilities to be used in the new location and, if they are 
found to be adequate, issue a letter of approval showing the new 
location.
    (k) Cancellation of approval. (1) Failure to meet or maintain any of 
the standards set forth herein for the approval or operation of an 
approved aircraft dispatcher course is considered to be a sufficient 
reason for discontinuing approval of the course.
    (2) If an operator desires voluntary cancellation of his approved 
course, he shall send a letter requesting cancellation to the 
Administrator of the Federal Aviation Administration through the local 
inspector.
    (1) Duration. The authority to operate an approved aircraft 
dispatcher course of study expires 24 months after the last day of the 
month of issuance.
    (m) Renewal. Application for renewal of an approved aircraft 
dispatcher course shall be made by letter addressed to the Administrator 
of the Federal Aviation Administration through the local inspector at 
any time within 60 days of the expiration date. Renewal of approval will 
depend on the course operator's meeting the current conditions of course 
approval and having a satisfactory record as a course operator.

[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 
FR 5770, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]



PART 67--MEDICAL STANDARDS AND CERTIFICATION--Table of Contents




                           Subpart A--General

Sec.
67.1  Applicability.
67.3  Issue.
67.5  Certification of foreign airmen.
67.7  Access to the National Driver Register.

            Subpart B--First-Class Airman Medical Certificate

67.101  Eligibility.
67.103  Eye.
67.105  Ear, nose, throat, and equilibrium.
67.107  Mental.
67.109  Neurologic.
67.111  Cardiovascular.
67.113  General medical condition.
67.115  Discretionary issuance.

[[Page 119]]

           Subpart C--Second-Class Airman Medical Certificate

67.201  Eligibility.
67.203  Eye.
67.205  Ear, nose, throat, and equilibrium.
67.207  Mental.
67.209  Neurologic.
67.211  Cardiovascular.
67.213  General medical condition.
67.215  Discretionary issuance.

            Subpart D--Third-Class Airman Medical Certificate

67.301  Eligibility.
67.303  Eye.
67.305  Ear, nose, throat, and equilibrium.
67.307  Mental.
67.309  Neurologic.
67.311  Cardiovascular.
67.313  General medical condition.
67.315  Discretionary issuance.

                   Subpart E--Certification Procedures

67.401  Special issuance of medical certificates.
67.403  Applications, certificates, logbooks, reports, and records: 
          Falsification, reproduction, or alteration; incorrect 
          statements.
67.405  Medical examinations: Who may give.
67.407  Delegation of authority.
67.409  Denial of medical certificate.
67.411  Medical certificates by flight surgeons of Armed Forces.
67.413  Medical records.
67.415  Return of medical certificate after suspension or revocation.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 
45102-45103, 45301-45303.

    Source: Docket No. 27940, 61 FR 11256, Mar. 19, 1996, unless 
otherwise noted.



                           Subpart A--General



Sec. 67.1  Applicability.

    This part prescribes the medical standards and certification 
procedures for issuing medical certificates for airmen and for remaining 
eligible for a medical certificate.



Sec. 67.3  Issue.

    Except as provided in Sec. 67.5, a person who meets the medical 
standards prescribed in this part, based on medical examination and 
evaluation of the person's history and condition, is entitled to an 
appropriate medical certificate.



Sec. 67.5  Certification of foreign airmen.

    A person who is neither a United States citizen nor a resident alien 
is issued a certificate under this part, outside the United States, only 
when the Administrator finds that the certificate is needed for 
operation of a U.S.-registered aircraft.



Sec. 67.7  Access to the National Driver Register.

    At the time of application for a certificate issued under this part, 
each person who applies for a medical certificate shall execute an 
express consent form authorizing the Administrator to request the chief 
driver licensing official of any state designated by the Administrator 
to transmit information contained in the National Driver Register about 
the person to the Administrator. The Administrator shall make 
information received from the National Driver Register, if any, 
available on request to the person for review and written comment.



            Subpart B--First-Class Airman Medical Certificate



Sec. 67.101  Eligibility.

    To be eligible for a first-class airman medical certificate, and to 
remain eligible for a first-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec. 67.103  Eye.

    Eye standards for a first-class airman medical certificate are:
    (a) Distant visual acuity of 20/20 or better in each eye separately, 
with or without corrective lenses. If corrective lenses (spectacles or 
contact lenses) are necessary for 20/20 vision, the person may be 
eligible only on the condition that corrective lenses are worn while 
exercising the privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses. If age 50 or 
older, near vision of 20/40 or better, Snellen equivalent, at both 16 
inches and 32 inches in each eye separately, with or without corrective 
lenses.

[[Page 120]]

    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) Normal fields of vision.
    (e) No acute or chronic pathological condition of either eye or 
adnexa that interferes with the proper function of an eye, that may 
reasonably be expected to progress to that degree, or that may 
reasonably be expected to be aggravated by flying.
    (f) Bifoveal fixation and vergence-phoria relationship sufficient to 
prevent a break in fusion under conditions that may reasonably be 
expected to occur in performing airman duties. Tests for the factors 
named in this paragraph are not required except for persons found to 
have more than 1 prism diopter of hyperphoria, 6 prism diopters of 
esophoria, or 6 prism diopters of exophoria. If any of these values are 
exceeded, the Federal Air Surgeon may require the person to be examined 
by a qualified eye specialist to determine if there is bifoveal fixation 
and an adequate vergence-phoria relationship. However, if otherwise 
eligible, the person is issued a medical certificate pending the results 
of the examination.



 67.105  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a first-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969 (11 West 42d Street, New York, NY 
10036):

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz 
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with, or may reasonably be expected to interfere 
with, clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec. 67.107  Mental.

    Mental standards for a first-class airman medical certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which:
    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.
    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: Alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis;

[[Page 121]]

inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco or ordinary xanthine-
containing (e.g., caffeine) beverages, as evidenced by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.
    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result acquired under an anti-drug 
program or internal program of the U.S. Department of Transportation or 
any other Administration within the U.S. Department of Transportation; 
or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.109  Neurologic.

    Neurologic standards for a first-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause.
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.111  Cardiovascular.

    Cardiovascular standards for a first-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Myocardial infarction;
    (2) Angina pectoris;
    (3) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (4) Cardiac valve replacement;
    (5) Permanent cardiac pacemaker implantation; or
    (6) Heart replacement;
    (b) A person applying for first-class medical certification must 
demonstrate an absence of myocardial infarction and other clinically 
significant abnormality on electrocardiographic examination:
    (1) At the first application after reaching the 35th birthday; and

[[Page 122]]

    (2) On an annual basis after reaching the 40th birthday.
    (c) An electrocardiogram will satisfy a requirement of paragraph (b) 
of this section if it is dated no earlier than 60 days before the date 
of the application it is to accompany and was performed and transmitted 
according to acceptable standards and techniques.



Sec. 67.113  General medical condition.

    The general medical standards for a first-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.115  Discretionary issuance.

    A person who does not meet the provisions of Secs. 67.103 through 
67.113 may apply for the discretionary issuance of a certificate under 
Sec. 67.401.
Subpart C--Second-Class Airman Medical Certificate



Sec. 67.201  Eligibility.

    To be eligible for a second-class airman medical certificate, and to 
remain eligible for a second-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec. 67.203  Eye.

    Eye standards for a second-class airman medical certificate are:
    (a) Distant visual acuity of 20/20 or better in each eye separately, 
with or without corrective lenses. If corrective lenses (spectacles or 
contact lenses) are necessary for 20/20 vision, the person may be 
eligible only on the condition that corrective lenses are worn while 
exercising the privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses. If age 50 or 
older, near vision of 20/40 or better, Snellen equivalent, at both 16 
inches and 32 inches in each eye separately, with or without corrective 
lenses.
    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) Normal fields of vision.
    (e) No acute or chronic pathological condition of either eye or 
adnexa that

[[Page 123]]

interferes with the proper function of an eye, that may reasonably be 
expected to progress to that degree, or that may reasonably be expected 
to be aggravated by flying.
    (f) Bifoveal fixation and vergence-phoria relationship sufficient to 
prevent a break in fusion under conditions that may reasonably be 
expected to occur in performing airman duties. Tests for the factors 
named in this paragraph are not required except for persons found to 
have more than 1 prism diopter of hyperphoria, 6 prism diopters of 
esophoria, or 6 prism diopters of exophoria. If any of these values are 
exceeded, the Federal Air Surgeon may require the person to be examined 
by a qualified eye specialist to determine if there is bifoveal fixation 
and an adequate vergence-phoria relationship. However, if otherwise 
eligible, the person is issued a medical certificate pending the results 
of the examination.



Sec. 67.205  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a second-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969:

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz 
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with, or may reasonably be expected to interfere 
with, clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec. 67.207  Mental.

    Mental standards for a second-class airman medical certificate are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which:
    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.
    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: Alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis; 
inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco

[[Page 124]]

or ordinary xanthine-containing (e.g., caffeine) beverages, as evidenced 
by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.
    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result acquired under an anti-drug 
program or internal program of the U.S. Department of Transportation or 
any other Administration within the U.S. Department of Transportation; 
or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.209  Neurologic.

    Neurologic standards for a second-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause;
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.211  Cardiovascular.

    Cardiovascular standards for a second-class medical certificate are 
no established medical history or clinical diagnosis of any of the 
following:
    (a) Myocardial infarction;
    (b) Angina pectoris;
    (c) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (d) Cardiac valve replacement;
    (e) Permanent cardiac pacemaker implantation; or
    (f) Heart replacement.



Sec. 67.213  General medical condition.

    The general medical standards for a second-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--

[[Page 125]]

    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.215  Discretionary issuance.

    A person who does not meet the provisions of Secs. 67.203 through 
67.213 may apply for the discretionary issuance of a certificate under 
Sec. 67.401.



            Subpart D--Third-Class Airman Medical Certificate



Sec. 67.301  Eligibility.

    To be eligible for a third-class airman medical certificate, or to 
remain eligible for a third-class airman medical certificate, a person 
must meet the requirements of this subpart.



Sec. 67.303  Eye.

    Eye standards for a third-class airman medical certificate are:
    (a) Distant visual acuity of 20/40 or better in each eye separately, 
with or without corrective lenses. If corrective lenses (spectacles or 
contact lenses) are necessary for 20/40 vision, the person may be 
eligible only on the condition that corrective lenses are worn while 
exercising the privileges of an airman certificate.
    (b) Near vision of 20/40 or better, Snellen equivalent, at 16 inches 
in each eye separately, with or without corrective lenses.
    (c) Ability to perceive those colors necessary for the safe 
performance of airman duties.
    (d) No acute or chronic pathological condition of either eye or 
adnexa that interferes with the proper function of an eye, that may 
reasonably be expected to progress to that degree, or that may 
reasonably be expected to be aggravated by flying.



Sec. 67.305  Ear, nose, throat, and equilibrium.

    Ear, nose, throat, and equilibrium standards for a third-class 
airman medical certificate are:
    (a) The person shall demonstrate acceptable hearing by at least one 
of the following tests:
    (1) Demonstrate an ability to hear an average conversational voice 
in a quiet room, using both ears, at a distance of 6 feet from the 
examiner, with the back turned to the examiner.
    (2) Demonstrate an acceptable understanding of speech as determined 
by audiometric speech discrimination testing to a score of at least 70 
percent obtained in one ear or in a sound field environment.
    (3) Provide acceptable results of pure tone audiometric testing of 
unaided hearing acuity according to the following table of worst 
acceptable thresholds, using the calibration standards of the American 
National Standards Institute, 1969:

------------------------------------------------------------------------
                                                500   1000   2000   3000
                Frequency (Hz)                   Hz    Hz     Hz     Hz 
------------------------------------------------------------------------
Better ear (Db)...............................   35     30     30     40
Poorer ear (Db)...............................   35     50     50     60
------------------------------------------------------------------------

    (b) No disease or condition of the middle or internal ear, nose, 
oral cavity, pharynx, or larynx that--
    (1) Interferes with, or is aggravated by, flying or may reasonably 
be expected to do so; or
    (2) Interferes with clear and effective speech communication.
    (c) No disease or condition manifested by, or that may reasonably be 
expected to be manifested by, vertigo or a disturbance of equilibrium.



Sec. 67.307  Mental.

    Mental standards for a third-class airman medical certificate are:

[[Page 126]]

    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) A personality disorder that is severe enough to have repeatedly 
manifested itself by overt acts.
    (2) A psychosis. As used in this section, ``psychosis'' refers to a 
mental disorder in which--
    (i) The individual has manifested delusions, hallucinations, grossly 
bizarre or disorganized behavior, or other commonly accepted symptoms of 
this condition; or
    (ii) The individual may reasonably be expected to manifest 
delusions, hallucinations, grossly bizarre or disorganized behavior, or 
other commonly accepted symptoms of this condition.
    (3) A bipolar disorder.
    (4) Substance dependence, except where there is established clinical 
evidence, satisfactory to the Federal Air Surgeon, of recovery, 
including sustained total abstinence from the substance(s) for not less 
than the preceding 2 years. As used in this section--
    (i) ``Substance'' includes: alcohol; other sedatives and hypnotics; 
anxiolytics; opioids; central nervous system stimulants such as cocaine, 
amphetamines, and similarly acting sympathomimetics; hallucinogens; 
phencyclidine or similarly acting arylcyclohexylamines; cannabis; 
inhalants; and other psychoactive drugs and chemicals; and
    (ii) ``Substance dependence'' means a condition in which a person is 
dependent on a substance, other than tobacco or ordinary xanthine-
containing (e.g., caffeine) beverages, as evidenced by--
    (A) Increased tolerance;
    (B) Manifestation of withdrawal symptoms;
    (C) Impaired control of use; or
    (D) Continued use despite damage to physical health or impairment of 
social, personal, or occupational functioning.
    (b) No substance abuse within the preceding 2 years defined as:
    (1) Use of a substance in a situation in which that use was 
physically hazardous, if there has been at any other time an instance of 
the use of a substance also in a situation in which that use was 
physically hazardous;
    (2) A verified positive drug test result conducted under an anti-
drug rule or internal program of the U.S. Department of Transportation 
or any other Administration within the U.S. Department of 
Transportation; or
    (3) Misuse of a substance that the Federal Air Surgeon, based on 
case history and appropriate, qualified medical judgment relating to the 
substance involved, finds--
    (i) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (ii) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No other personality disorder, neurosis, or other mental 
condition that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.309  Neurologic.

    Neurologic standards for a third-class airman medical certificate 
are:
    (a) No established medical history or clinical diagnosis of any of 
the following:
    (1) Epilepsy;
    (2) A disturbance of consciousness without satisfactory medical 
explanation of the cause; or
    (3) A transient loss of control of nervous system function(s) 
without satisfactory medical explanation of the cause.
    (b) No other seizure disorder, disturbance of consciousness, or 
neurologic condition that the Federal Air Surgeon, based on the case 
history and appropriate, qualified medical judgment relating to the 
condition involved, finds--

[[Page 127]]

    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.311  Cardiovascular.

    Cardiovascular standards for a third-class airman medical 
certificate are no established medical history or clinical diagnosis of 
any of the following:
    (a) Myocardial infarction;
    (b) Angina pectoris;
    (c) Coronary heart disease that has required treatment or, if 
untreated, that has been symptomatic or clinically significant;
    (d) Cardiac valve replacement;
    (e) Permanent cardiac pacemaker implantation; or
    (f) Heart replacement.



Sec. 67.313  General medical condition.

    The general medical standards for a third-class airman medical 
certificate are:
    (a) No established medical history or clinical diagnosis of diabetes 
mellitus that requires insulin or any other hypoglycemic drug for 
control.
    (b) No other organic, functional, or structural disease, defect, or 
limitation that the Federal Air Surgeon, based on the case history and 
appropriate, qualified medical judgment relating to the condition 
involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.
    (c) No medication or other treatment that the Federal Air Surgeon, 
based on the case history and appropriate, qualified medical judgment 
relating to the medication or other treatment involved, finds--
    (1) Makes the person unable to safely perform the duties or exercise 
the privileges of the airman certificate applied for or held; or
    (2) May reasonably be expected, for the maximum duration of the 
airman medical certificate applied for or held, to make the person 
unable to perform those duties or exercise those privileges.



Sec. 67.315  Discretionary issuance.

    A person who does not meet the provisions of Secs. 67.303 through 
67.313 may apply for the discretionary issuance of a certificate under 
Sec. 67.401.



                   Subpart E--Certification Procedures



Sec. 67.401  Special issuance of medical certificates.

    (a) At the discretion of the Federal Air Surgeon, an Authorization 
for Special Issuance of a Medical Certificate (Authorization), valid for 
a specified period, may be granted to a person who does not meet the 
provisions of subparts B, C, or D of this part if the person shows to 
the satisfaction of the Federal Air Surgeon that the duties authorized 
by the class of medical certificate applied for can be performed without 
endangering public safety during the period in which the Authorization 
would be in force. The Federal Air Surgeon may authorize a special 
medical flight test, practical test, or medical evaluation for this 
purpose. A medical certificate of the appropriate class may be issued to 
a person who does not meet the provisions of subparts B, C, or D of this 
part if that person possesses a valid Authorization and is otherwise 
eligible. An airman medical certificate issued in accordance with this 
section shall expire no later than the end of the validity period or 
upon the withdrawal of the Authorization upon which it is based. At the 
end of its specified validity period, for grant of a new Authorization, 
the person must again show to the satisfaction of the Federal Air 
Surgeon that the duties authorized by the class of medical certificate 
applied for can be performed without endangering public safety during 
the period in which the Authorization would be in force.

[[Page 128]]

    (b) At the discretion of the Federal Air Surgeon, a Statement of 
Demonstrated Ability (SODA) may be granted, instead of an Authorization, 
to a person whose disqualifying condition is static or nonprogressive 
and who has been found capable of performing airman duties without 
endangering public safety. A SODA does not expire and authorizes a 
designated aviation medical examiner to issue a medical certificate of a 
specified class if the examiner finds that the condition described on 
its face has not adversely changed.
    (c) In granting an Authorization or SODA, the Federal Air Surgeon 
may consider the person's operational experience and any medical facts 
that may affect the ability of the person to perform airman duties 
including--
    (1) The combined effect on the person of failure to meet more than 
one requirement of this part; and
    (2) The prognosis derived from professional consideration of all 
available information regarding the person.
    (d) In granting an Authorization or SODA under this section, the 
Federal Air Surgeon specifies the class of medical certificate 
authorized to be issued and may do any or all of the following:
    (1) Limit the duration of an Authorization;
    (2) Condition the granting of a new Authorization on the results of 
subsequent medical tests, examinations, or evaluations;
    (3) State on the Authorization or SODA, and any medical certificate 
based upon it, any operational limitation needed for safety; or
    (4) Condition the continued effect of an Authorization or SODA, and 
any second- or third-class medical certificate based upon it, on 
compliance with a statement of functional limitations issued to the 
person in coordination with the Director of Flight Standards or the 
Director's designee.
    (e) In determining whether an Authorization or SODA should be 
granted to an applicant for a third-class medical certificate, the 
Federal Air Surgeon considers the freedom of an airman, exercising the 
privileges of a private pilot certificate, to accept reasonable risks to 
his or her person and property that are not acceptable in the exercise 
of commercial or airline transport pilot privileges, and, at the same 
time, considers the need to protect the safety of persons and property 
in other aircraft and on the ground.
    (f) An Authorization or SODA granted under the provisions of this 
section to a person who does not meet the applicable provisions of 
subparts B, C, or D of this part may be withdrawn, at the discretion of 
the Federal Air Surgeon, at any time if--
    (1) There is adverse change in the holder's medical condition;
    (2) The holder fails to comply with a statement of functional 
limitations or operational limitations issued as a condition of 
certification under this section;
    (3) Public safety would be endangered by the holder's exercise of 
airman privileges;
    (4) The holder fails to provide medical information reasonably 
needed by the Federal Air Surgeon for certification under this section; 
or
    (5) The holder makes or causes to be made a statement or entry that 
is the basis for withdrawal of an Authorization or SODA under 
Sec. 67.403.
    (g) A person who has been granted an Authorization or SODA under 
this section based on a special medical flight or practical test need 
not take the test again during later physical examinations unless the 
Federal Air Surgeon determines or has reason to believe that the 
physical deficiency has or may have degraded to a degree to require 
another special medical flight test or practical test.
    (h) The authority of the Federal Air Surgeon under this section is 
also exercised by the Manager, Aeromedical Certification Division, and 
each Regional Flight Surgeon.
    (i) If an Authorization or SODA is withdrawn under paragraph (f) of 
this section the following procedures apply:
    (1) The holder of the Authorization or SODA will be served a letter 
of withdrawal, stating the reason for the action;
    (2) By not later than 60 days after the service of the letter of 
withdrawal, the holder of the Authorization or SODA may request, in 
writing, that the Federal Air Surgeon provide for review of the decision 
to withdraw. The request

[[Page 129]]

for review may be accompanied by supporting medical evidence;
    (3) Within 60 days of receipt of a request for review, a written 
final decision either affirming or reversing the decision to withdraw 
will be issued; and
    (4) A medical certificate rendered invalid pursuant to a withdrawal, 
in accordance with paragraph (a) of this section, shall be surrendered 
to the Administrator upon request.
    (j) No grant of a special issuance made prior to September 16, 1996, 
may be used to obtain a medical certificate after the earlier of the 
following dates:
    (1) September 16, 1997; or
    (2) The date on which the holder of such special issuance is 
required to provide additional information to the FAA as a condition for 
continued medical certification.



Sec. 67.403  Applications, certificates, logbooks, reports, and records: Falsification, reproduction, or alteration; incorrect statements.

    (a) No person may make or cause to be made--
    (1) A fraudulent or intentionally false statement on any application 
for a medical certificate or on a request for any Authorization for 
Special Issuance of a Medical Certificate (Authorization) or Statement 
of Demonstrated Ability (SODA) under this part;
    (2) A fraudulent or intentionally false entry in any logbook, 
record, or report that is kept, made, or used, to show compliance with 
any requirement for any medical certificate or for any Authorization or 
SODA under this part;
    (3) A reproduction, for fraudulent purposes, of any medical 
certificate under this part; or
    (4) An alteration of any medical certificate under this part.
    (b) The commission by any person of an act prohibited under 
paragraph (a) of this section is a basis for--
    (1) Suspending or revoking all airman, ground instructor, and 
medical certificates and ratings held by that person;
    (2) Withdrawing all Authorizations or SODA's held by that person; 
and
    (3) Denying all applications for medical certification and requests 
for Authorizations or SODA's.
    (c) The following may serve as a basis for suspending or revoking a 
medical certificate; withdrawing an Authorization or SODA; or denying an 
application for a medical certificate or request for an authorization or 
SODA:
    (1) An incorrect statement, upon which the FAA relied, made in 
support of an application for a medical certificate or request for an 
Authorization or SODA.
    (2) An incorrect entry, upon which the FAA relied, made in any 
logbook, record, or report that is kept, made, or used to show 
compliance with any requirement for a medical certificate or an 
Authorization or SODA.



Sec. 67.405  Medical examinations: Who may give.

    (a) First-class. Any aviation medical examiner who is specifically 
designated for the purpose may give the examination for the first-class 
medical certificate. Any interested person may obtain a list of these 
aviation medical examiners, in any area, from the FAA Regional Flight 
Surgeon of the region in which the area is located.
    (b) Second- and third-class. Any aviation medical examiner may give 
the examination for the second- or third-class medical certificate. Any 
interested person may obtain a list of aviation medical examiners, in 
any area, from the FAA Regional Flight Surgeon of the region in which 
the area is located.



Sec. 67.407  Delegation of authority.

    (a) The authority of the Administrator under 49 U.S.C. 44703 to 
issue or deny medical certificates is delegated to the Federal Air 
Surgeon to the extent necessary to--
    (1) Examine applicants for and holders of medical certificates to 
determine whether they meet applicable medical standards; and
    (2) Issue, renew, and deny medical certificates, and issue, renew, 
deny, and withdraw Authorizations for Special Issuance of a Medical 
Certificate and Statements of Demonstrated Ability to a person based 
upon meeting or failing to meet applicable medical standards.
    (b) Subject to limitations in this chapter, the delegated functions 
of the

[[Page 130]]

Federal Air Surgeon to examine applicants for and holders of medical 
certificates for compliance with applicable medical standards and to 
issue, renew, and deny medical certificates are also delegated to 
aviation medical examiners and to authorized representatives of the 
Federal Air Surgeon within the FAA.
    (c) The authority of the Administrator under 49 U.S.C. 44702, to 
reconsider the action of an aviation medical examiner is delegated to 
the Federal Air Surgeon; the Manager, Aeromedical Certification 
Division; and each Regional Flight Surgeon. Where the person does not 
meet the standards of Secs. 67.107(b)(3) and (c), 67.109(b), 67.113(b) 
and (c), 67.207(b)(3) and (c), 67.209(b), 67.213(b) and (c), 
67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c), any action taken 
under this paragraph other than by the Federal Air Surgeon is subject to 
reconsideration by the Federal Air Surgeon. A certificate issued by an 
aviation medical examiner is considered to be affirmed as issued unless 
an FAA official named in this paragraph (authorized official) reverses 
that issuance within 60 days after the date of issuance. However, if 
within 60 days after the date of issuance an authorized official 
requests the certificate holder to submit additional medical 
information, an authorized official may reverse the issuance within 60 
days after receipt of the requested information.
    (d) The authority of the Administrator under 49 U.S.C. 44709 to re-
examine any civil airman to the extent necessary to determine an 
airman's qualification to continue to hold an airman medical 
certificate, is delegated to the Federal Air Surgeon and his or her 
authorized representatives within the FAA.



Sec. 67.409  Denial of medical certificate.

    (a) Any person who is denied a medical certificate by an aviation 
medical examiner may, within 30 days after the date of the denial, apply 
in writing and in duplicate to the Federal Air Surgeon, Attention: 
Manager, Aeromedical Certification Division, AAM-300, Federal Aviation 
Administration, P.O. Box 26080, Oklahoma City, Oklahoma 73126, for 
reconsideration of that denial. If the person does not ask for 
reconsideration during the 30-day period after the date of the denial, 
he or she is considered to have withdrawn the application for a medical 
certificate.
    (b) The denial of a medical certificate--
    (1) By an aviation medical examiner is not a denial by the 
Administrator under 49 U.S.C. 44703.
    (2) By the Federal Air Surgeon is considered to be a denial by the 
Administrator under 49 U.S.C. 44703.
    (3) By the Manager, Aeromedical Certification Division, or a 
Regional Flight Surgeon is considered to be a denial by the 
Administrator under 49 U.S.C. 44703 except where the person does not 
meet the standards of Secs. 67.107(b)(3) and (c), 67.109(b), or 
67.113(b) and (c); 67.207(b)(3) and (c), 67.209(b), or 67.213(b) and 
(c); or 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c).
    (c) Any action taken under Sec. 67.407(c) that wholly or partly 
reverses the issue of a medical certificate by an aviation medical 
examiner is the denial of a medical certificate under paragraph (b) of 
this section.
    (d) If the issue of a medical certificate is wholly or partly 
reversed by the Federal Air Surgeon; the Manager, Aeromedical 
Certification Division; or a Regional Flight Surgeon, the person holding 
that certificate shall surrender it, upon request of the FAA.



Sec. 67.411  Medical certificates by flight surgeons of Armed Forces.

    (a) The FAA has designated flight surgeons of the Armed Forces on 
specified military posts, stations, and facilities, as aviation medical 
examiners.
    (b) An aviation medical examiner described in paragraph (a) of this 
section may give physical examinations for the FAA medical certificates 
to persons who are on active duty or who are, under Department of 
Defense medical programs, eligible for FAA medical certification as 
civil airmen. In addition, such an examiner may issue or deny an 
appropriate FAA medical certificate in accordance with the regulations 
of this chapter and the policies of the FAA.
    (c) Any interested person may obtain a list of the military posts, 
stations,

[[Page 131]]

and facilities at which a flight surgeon has been designated as an 
aviation medical examiner from the Surgeon General of the Armed Force 
concerned or from the Manager, Aeromedical Education Division, AAM-400, 
Federal Aviation Administration, P.O. Box 26082, Oklahoma City, Oklahoma 
73125.



Sec. 67.413  Medical records.

    (a) Whenever the Administrator finds that additional medical 
information or history is necessary to determine whether an applicant 
for or the holder of a medical certificate meets the medical standards 
for it, the Administrator requests that person to furnish that 
information or to authorize any clinic, hospital, physician, or other 
person to release to the Administrator all available information or 
records concerning that history. If the applicant or holder fails to 
provide the requested medical information or history or to authorize the 
release so requested, the Administrator may suspend, modify, or revoke 
all medical certificates the airman holds or may, in the case of an 
applicant, deny the application for an airman medical certificate.
    (b) If an airman medical certificate is suspended or modified under 
paragraph (a) of this section, that suspension or modification remains 
in effect until the requested information, history, or authorization is 
provided to the FAA and until the Federal Air Surgeon determines whether 
the person meets the medical standards under this part.



Sec. 67.415  Return of medical certificate after suspension or revocation.

    The holder of any medical certificate issued under this part that is 
suspended or revoked shall, upon the Administrator's request, return it 
to the Administrator.

[[Page 132]]



                         SUBCHAPTER E--AIRSPACE





PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS--Table of Contents




                  Subpart A--General; Class A Airspace

Sec.
71.1  Applicability.
71.3  [Reserved]
71.5  Reporting points.
71.7  Bearings, radials, and mileages.
71.9  Overlapping airspace designations.
71.31  Class A airspace.
71.33  Class A airspace areas.

                       Subpart B--Class B Airspace

71.41  Class B airspace.

                       Subpart C--Class C Airspace

71.51  Class C airspace.

                       Subpart D--Class D Airspace

71.61  Class D airspace.

                       Subpart E--Class E Airspace

71.71  Class E airspace.
71.73  Classification of Federal airways.
71.75  Extent of Federal airways.
71.77  [Reserved]
71.79  Designation of VOR Federal airways.

                        Subparts F-G--[Reserved]

                       Subpart H--Reporting Points

71.901  Applicability.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 
9565, 3 CFR, 1959-1963 Comp., p. 389.

    Source: Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, unless otherwise 
noted.



                  Subpart A--General; Class A Airspace



Sec. 71.1  Applicability.

    The complete listing for all Class A, Class B, Class C, Class D, and 
Class E airspace areas and for all reporting points can be found in FAA 
Order 7400.9D, Airspace Designations and Reporting Points, dated 
September 4, 1996. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. The approval to incorporate by reference FAA Order 
7400.9D is effective September 16, 1996, through September 15, 1997. 
During the incorporation by reference period, proposed changes to the 
listings of Class A, Class B, Class C, Class D, and Class E airspace 
areas and to reporting points will be published in full text as proposed 
rule documents in the Federal Register. Amendments to the listings of 
Class A, Class B, Class C, Class D, and Class E airspace areas and to 
reporting points will be published in full text as final rules in the 
Federal Register. Periodically, the final rule amendments will be 
integrated into a revised edition of the order and submitted to the 
Director of the Federal Register for approval for incorporation by 
reference in this section. Copies of FAA Order 7400.9D may be obtained 
from the Airspace and Rules Division, ATA-400, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591, 
(202) 267-8783. Copies of FAA Order 7400.9D may be inspected in Docket 
No. 28674 at the Federal Aviation Administration, Office of the Chief 
Counsel, AGC-200, Room 915G, 800 Independence Avenue, SW., Washington, 
DC, weekdays between 8:30 a.m. and 5:00 p.m., or at the Office of the 
Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, 
DC. This section is effective September 16, 1996, through September 15, 
1997.
[Doc. No. 28674, 61 FR 48404, Sept. 13, 1996]

    Effective Date Note: By Doc. No. 28674, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.1 was revised, effective Sept. 16, 1996 through Sept. 15, 1997.
Sec. 71.3  [Reserved]



Sec. 71.5  Reporting points.

    The reporting points listed in subpart H of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) consist of geographic 
locations at which the position

[[Page 133]]

of an aircraft must be reported in accordance with part 91 of this 
chapter.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.5 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



Sec. 71.7  Bearings, radials, and mileages.

    All bearings and radials in this part are true and are applied from 
point of origin and all mileages in this part are stated as nautical 
miles.



Sec. 71.9  Overlapping airspace designations.

    (a) When overlapping airspace designations apply to the same 
airspace, the operating rules associated with the more restrictive 
airspace designation apply.
    (b) For the purpose of this section--
    (1) Class A airspace is more restrictive than Class B, Class C, 
Class D, Class E, or Class G airspace;
    (2) Class B airspace is more restrictive than Class C, Class D, 
Class E, or Class G airspace;
    (3) Class C airspace is more restrictive than Class D, Class E, or 
Class G airspace;
    (4) Class D airspace is more restrictive than Class E or Class G 
airspace; and
    (5) Class E is more restrictive than Class G airspace.



Sec. 71.31  Class A airspace.

    The airspace descriptions contained in Sec. 71.33 and the routes 
contained in subpart A of FAA Order 7400.9D (incorporated by reference, 
see Sec. 71.1) are designated as Class A airspace within which all 
pilots and aircraft are subject to the rating requirements, operating 
rules, and equipment requirements of part 91 of this chapter.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.31 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



Sec. 71.33  Class A airspace areas.

    (a) That airspace of the United States, including that airspace 
overlying the waters within 12 nautical miles of the coast of the 48 
contiguous States, from 18,000 feet MSL to and including FL600 excluding 
the states of Alaska and Hawaii, Santa Barbara Island, Farallon Island, 
and the airspace south of latitude 25 deg.04'00'' North.
    (b) That airspace of the State of Alaska, including that airspace 
overlying the waters within 12 nautical miles of the coast, from 18,000 
feet MSL to and including FL600 but not including the airspace less than 
1,500 feet above the surface of the earth and the Alaska Peninsula west 
of longitude 160 deg.00'00'' West.
    (c) The airspace areas listed as offshore airspace areas in subpart 
A of FAA Order 7400.9D (incorporated by reference, see Sec. 71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic ATC 
procedures are applied.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-19, 58 
FR 12137, Mar. 2, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, in 
Sec. 71.33, paragraph (c) was amended by revising ``FAA Order 7400.9C'' 
to read ``FAA Order 7400.9D'', effective Sept. 16, 1996 through Sept. 
15, 1997.



                       Subpart B--Class B Airspace



Sec. 71.41  Class B airspace.

    The Class B airspace areas listed in subpart B of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) consist of specified airspace 
within which all aircraft operators are subject to the minimum pilot 
qualification requirements, operating rules, and aircraft equipment 
requirements of part 91 of this chapter. Each Class B airspace area 
designated for an airport in subpart B of FAA Order 7400.9B 
(incorporated by reference, see Sec. 71.1) contains at least one primary 
airport

[[Page 134]]

around which the airspace is designated.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.41 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



                       Subpart C--Class C Airspace



Sec. 71.51  Class C airspace.

    The Class C airspace areas listed in subpart C of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) consist of specified airspace 
within which all aircraft operators are subject to operating rules and 
equipment requirements specified in part 91 of this chapter. Each Class 
C airspace area designated for an airport in subpart C of FAA Order 
7400.9B (incorporated by reference, see Sec. 71.1) contains at least one 
primary airport around which the airspace is designated

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.51 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



                       Subpart D--Class D Airspace



Sec. 71.61  Class D airspace.

    The Class D airspace areas listed in subpart D of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) consist of specified airspace 
within which all aircraft operators are subject to operating rules and 
equipment requirements specified in part 91 of this chapter. Each Class 
D airspace area designated for an airport in subpart D of FAA Order 
7400.9B (incorporated by reference, see Sec. 71.1) contains at least one 
primary airport around which the airspace is designated.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.61 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



                       Subpart E--Class E Airspace



 71.71  Class E airspace.

    Class E Airspace consists of:
    (a) The airspace of the United States, including that airspace 
overlying the waters within 12 nautical miles of the coast of the 48 
contiguous states and Alaska, extending upward from 14,500 feet MSL up 
to, but not including 18,000 feet MSL, and the airspace above FL600, 
excluding--
    (1) The Alaska peninsula west of longitude 160 deg.00'00''W.; and
    (2) The airspace below 1,500 feet above the surface of the earth.
    (b) The airspace areas designated for an airport in subpart E of FAA 
Order 7400.9D (incorporated by reference, see Sec. 71.1) within which 
all aircraft operators are subject to the operating rules specified in 
part 91 of this chapter.
    (c) The airspace areas listed as domestic airspace areas in subpart 
E of FAA Order 7400.9D (incorporated by reference, see Sec. 71.1) which 
extend upward from 700 feet or more above the surface of the earth when 
designated in conjunction with an airport for which an approved 
instrument approach procedure has been prescribed, or from 1,200 feet or 
more above the surface of the earth for the purpose of transitioning to 
or from the terminal or en route environment. When such areas are 
designated in conjunction with airways or routes, the extent of such 
designation has the lateral extent identical to that of a Federal airway 
and extends upward from 1,200 feet or higher. Unless otherwise 
specified, the airspace areas in the paragraph extend upward from 1,200 
feet or higher above

[[Page 135]]

the surface to, but not including, 14,500 feet MSL.
    (d) The Federal airways described in subpart E of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1).
    (e) The airspace areas listed as en route domestic airspace areas in 
subpart E of FAA Order 7400.9D (incorporated by reference, see 
Sec. 71.1). Unless otherwise specified, each airspace area has a lateral 
extent identical to that of a Federal airway and extends unward from 
1,200 feet above the surface of the earth to the overlying or adjacent 
controlled airspace.
    (f) The airspace areas listed as offshore airspace areas in subpart 
E of FAA Order 7400.9D (incorporated by reference, see Sec. 71.1) that 
are designated in international airspace within areas of domestic radio 
navigational signal or ATC radar coverage, and within which domestic ATC 
procedures are applied. Unless otherwise specified, each airspace area 
extends upward from a specified, altitude up to, but not including, 
18,000 feet MSL.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-19, 58 
FR 12137, Mar. 2, 1993; Amdt. 71-16, 58 FR 15259, Mar. 19, 1993; Amdt. 
71-20, 58 FR 36299, July 6, 1993; Amdt. 71-21, 58 FR 44127, Aug. 19, 
1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 71-26, 60 FR 47267, 
Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, in 
Sec. 71.71, paragraphs (b) through (f) were amended by revising ``FAA 
Order 7400.9C'' to read ``FAA Order 7400.9D'', effective Sept. 16, 1996 
through Sept. 15, 1997.



Sec. 71.73  Classification of Federal airways.

    Federal airways are classified as follows:
    (a) Colored Federal airways:
    (1) Green Federal airways.
    (2) Amber Federal airways.
    (3) Red Federal airways.
    (4) Blue Federal airways.
    (b) VOR Federal airways.



Sec. 71.75  Extent of Federal airways.

    (a) Each Federal airway is based on a center line that extends from 
one navigational aid or intersection to another navigational aid (or 
through several navigational aids or intersections) specified for that 
airway.
    (b) Unless otherwise specified:
    (1) Each Federal airway includes the airspace within parallel 
boundary lines 4 miles each side of the center line. Where an airway 
changes direction, it includes that airspace enclosed by extending the 
boundary lines of the airway segments until they meet.
    (2) Where the changeover point for an airway segment is more than 51 
miles from either of the navigational aids defining that segment, and--
    (i) The changeover point is midway between the navigational aids, 
the airway includes the airspace between lines diverging at angles of 
4.5 deg. from the center line at each navigational aid and extending 
until they intersect opposite the changeover point; or
    (ii) The changeover point is not midway between the navigational 
aids, the airway includes the airspace between lines diverging at angles 
of 4.5 deg. from the center line at the navigational aid more distant 
from the changeover point, and extending until they intersect with the 
bisector of the angle of the center lines at the changeover point; and 
between lines connecting these points of intersection and the 
navigational aid nearer to the changeover point.
    (3) Where an airway terminates at a point or intersection more than 
51 miles from the closest associated navigational aid, it includes the 
additional airspace within lines diverging at angles of 4.5 deg. from 
the center line extending from the associated navigational aid to a line 
perpendicular to the center line at the termination point.
    (4) Where an airway terminates, it includes the airspace within a 
circle centered at the specified navigational aid or intersection having 
a diameter equal to the airway width at that point. However, an airway 
does not extend into an oceanic control area.
    (c) Unless otherwise specified--
    (1) Each Federal airway includes that airspace extending upward from 
1,200 feet above the surface of the earth to, but not including, 18,000 
feet MSL, except that Federal airways for Hawaii have no upper limits. 
Variations of the lower limits of an airway are expressed in digits 
representing hundreds of feet above the surface or MSL and, unless

[[Page 136]]

otherwise specified, apply to the segment of an airway between adjoining 
navigational aids or intersections; and
    (2) The airspace of a Federal airway, within the lateral limits of a 
Class E airspace area with a lower floor, has a floor coincident with 
the floor of that area.
    (d) A Federal airway does not include the airspace of a prohibited 
area.
Sec. 71.77  [Reserved]



Sec. 71.79  Designation of VOR Federal airways.

    Unless otherwise specified the place names appearing in the 
descriptions of airspace areas in subpart E of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) designated as VOR Federal 
airways indicate VOR or VORTAC navigational facilities identified by 
those names.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, 
Sec. 71.79 was amended by revising ``FAA Order 7400.9C'' to read ``FAA 
Order 7400.9D'', effective Sept. 16, 1996 through Sept. 15, 1997.



                        Subparts F-G--[Reserved]



                       Subpart H--Reporting Points



Sec. 71.901  Applicability.

    Unless otherwise designated:
    (a) Each reporting point listed in subpart H of FAA Order 7400.9D 
(incorporated by reference, see Sec. 71.1) applies to all directions of 
flight. In any case where a geographic location is designated as a 
reporting point for less than all airways passing through that point, or 
for a particular direction of flight along an airway only, it is so 
indicated by including the airways or direction of flight in the 
designation of geographical location.
    (b) Place names appearing in the reporting point descriptions 
indicate VOR or VORTAC facilities identified by those names.

[Amdt. 71-14, 56 FR 65654, Dec. 17, 1991, as amended by Amdt. 71-20, 58 
FR 36299, July 6, 1993; Amdt. 71-23, 59 FR 43035, Aug. 22, 1994; Amdt. 
71-26, 60 FR 47267, Sept. 12, 1995; Amdt. 71-28, 61 FR 48404, Sept. 13, 
1996]

    Effective Date Note: By Amdt. 71-28, 61 FR 48404, Sept. 13, 1996, in 
Sec. 71.901, paragraph (a) was amended by revising ``FAA Order 7400.9C'' 
to read ``FAA Order 7400.9D'', effective Sept. 16, 1996 through Sept. 
15, 1997.



PART 73--SPECIAL USE AIRSPACE--Table of Contents




            Special Federal Aviation Regulation (SFAR) No. 53

                           Subpart A--General

Sec.
73.1  Applicability.
73.3  Special use airspace.
73.5  Bearings; radials; miles.

                       Subpart B--Restricted Areas

73.11  Applicability.
73.13  Restrictions.
73.15  Using agency.
73.17  Controlling agency.
73.19  Reports by using agency.

                       Subpart C--Prohibited Areas

73.81  Applicability.
73.83  Restrictions.
73.85  Using agency.

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 
9565, 3 CFR, 1959-1963 Comp., p. 389.

    Source: 46 FR 779, Jan. 2, 1981, unless otherwise noted.

  Special Federal Aviation Regulation (SFAR) No. 53--Establishment of 
  Warning Areas in the Airspace Overlying the Waters Between 3 and 12 
               Nautical Miles From the United States Coast

    1. Applicability. This rule establishes warning areas in the same 
location as nonregulatory warning areas previously designated over 
international waters. This special regulation does not affect the 
validity of any nonregulatory warning area which is designated over 
international waters beyond 12 nautical miles from the coast of the 
United States. This special regulation expires on January 15, 1996.

[[Page 137]]

    2. Definition--Warning area. A warning area established under this 
special rule is airspace of defined dimensions, extending from 3 to 12 
nautical miles from the coast of the United States, that contains 
activity which may be hazardous to nonparticipating aircraft. The 
purpose of such warning areas is to warn nonparticipating pilots of the 
potential danger. Part 91 is applicable within the airspace designated 
under this special rule.
    Non-regulatory warning area. A non-regulatory warning area is 
airspace of defined dimensions designated over international waters that 
contains activity which may be hazardous to nonparticipating aircraft. 
The purpose of such warning areas is to warn nonparticipating pilots of 
the potential danger.
    3. Participating aircraft. Each person conducting an aircraft 
operation within a warning area designated under this special rule and 
operating with the approval of the using agency may deviate from the 
rules of part 91, subpart B, to the extent that the rules are not 
compatible with approved operations.
    4. Nonparticipating aircraft. Nonparticipating pilots, while not 
excluded from the warning areas established by this SFAR, are on notice 
that military activity, which may be hazardous to nonparticipating 
aircraft, is conducted in these areas.

[Doc. No. 25767, 54 FR 261, Jan. 4, 1989, as amended by SFAR 53-1, 54 FR 
51287, Dec. 13, 1989; SFAR 53-2, 55 FR 53267, Dec. 27, 1990; SFAR 53-3, 
58 FR 69130, Dec. 29, 1993]



                           Subpart A--General



Sec. 73.1   Applicability.

    The airspace that is described in subpart B and subpart C of this 
part is designated as special use airspace. These parts prescribe the 
requirements for the use of that airspace.



Sec. 73.3   Special use airspace.

    (a) Special use airspace consists of airspace of defined dimensions 
identified by an area on the surface of the earth wherein activities 
must be confined because of their nature, or wherein limitations are 
imposed upon aircraft operations that are not a part of those 
activities, or both.
    (b) The vertical limits of special use airspace are measured by 
designated altitude floors and ceilings expressed as flight levels or as 
feet above mean sea level. Unless otherwise specified, the word ``to'' 
(an altitude or flight level) means ``to and including'' (that altitude 
or flight level).
    (c) The horizontal limits of special use airspace are measured by 
boundaries described by geographic coordinates or other appropriate 
references that clearly define their perimeter.
    (d) The period of time during which a designation of special use 
airspace is in effect is stated in the designation.



Sec. 73.5   Bearings; radials; miles.

    (a) All bearings and radials in this part are true from point of 
origin.
    (b) Unless otherwise specified, all mileages in this part are stated 
as statute miles.



                       Subpart B--Restricted Areas



Sec. 73.11   Applicability.

    This subpart designates restricted areas and prescribes limitations 
on the operation of aircraft within them.



Sec. 73.13   Restrictions.

    No person may operate an aircraft within a restricted area between 
the designated altitudes and during the time of designation, unless he 
has the advance permission of
    (a) The using agency described in Sec. 73.15; or
    (b) The controlling agency described in Sec. 73.17.



Sec. 73.15   Using agency.

    (a) For the purposes of this subpart, the following are using 
agencies;
    (1) The agency, organization, or military command whose activity 
within a restricted area necessitated the area being so designated.
    (b) Upon the request of the FAA, the using agency shall execute a 
letter establishing procedures for joint use of a restricted area by the 
using agency and the controlling agency, under which the using agency 
would notify the controlling agency whenever the controlling agency may 
grant permission for transit through the restricted area in accordance 
with the terms of the letter.
    (c) The using agency shall--
    (1) Schedule activities within the restricted area;
    (2) Authorize transit through, or flight within, the restricted area 
as feasible; and

[[Page 138]]

    (3) Contain within the restricted area all activities conducted 
therein in accordance with the purpose for which it was designated.



Sec. 73.17   Controlling agency.

    For the purposes of this part, the controlling agency is the FAA 
facility that may authorize transit through or flight within a 
restricted area in accordance with a joint-use letter issued under 
Sec. 73.15.



Sec. 73.19  Reports by using agency.

    (a) Each using agency shall prepare a report on the use of each 
restricted area assigned thereto during any part of the preceding 12-
month period ended September 30, and transmit it by the following 
January 31 of each year to the Manager, Air Traffic Division in the 
regional office of the Federal Aviation Administration having 
jurisdiction over the area in which the restricted area is located, with 
a copy to the Program Director for Air Traffic Operations, Federal 
Aviation Administration, Washington, DC 20591.
    (b) In the report under this section the using agency shall:
    (1) State the name and number of the restricted area as published in 
this part, and the period covered by the report.
    (2) State the activities (including average daily number of 
operations if appropriate) conducted in the area, and any other 
pertinent information concerning current and future electronic 
monitoring devices.
    (3) State the number of hours daily, the days of the week, and the 
number of weeks during the year that the area was used.
    (4) For restricted areas having a joint-use designation, also state 
the number of hours daily, the days of the week, and the number of weeks 
during the year that the restricted area was released to the controlling 
agency for public use.
    (5) State the mean sea level altitudes or flight levels (whichever 
is appropriate) used in aircraft operations and the maximum and average 
ordinate of surface firing (expressed in feet, mean sea level altitude) 
used on a daily, weekly, and yearly basis.
    (6) Include a chart of the area (of optional scale and design) 
depicting, if used, aircraft operating areas, flight patterns, ordnance 
delivery areas, surface firing points, and target, fan, and impact 
areas. After once submitting an appropriate chart, subsequent annual 
charts are not required unless there is a change in the area, activity 
or altitude (or flight levels) used, which might alter the depiction of 
the activities originally reported. If no change is to be submitted, a 
statement indicating ``no change'' shall be included in the report.
    (7) Include any other information not otherwise required under this 
part which is considered pertinent to activities carried on in the 
restricted area.
    (c) If it is determined that the information submitted under 
paragraph (b) of this section is not sufficient to evaluate the nature 
and extent of the use of a restricted area, the FAA may request the 
using agency to submit supplementary reports. Within 60 days after 
receiving a request for additional information, the using agency shall 
submit such information as the Program Director for Air Traffic 
Operations considers appropriate. Supplementary reports must be sent to 
the FAA officials designated in paragraph (a) of this section.

(Secs. 307 and 313(a), Federal Aviation Act of 1958 (49 U.S.C. 1348 and 
1354(a)))

[Doc. No. 15379, 42 FR 54798, Oct. 11, 1977, as amended by Amdt. 73-5, 
54 FR 39292, Sept. 25, 1989; Amdt. 73-6, 58 FR 42001, Aug. 6, 1993; 
Amdt. 73-8, 61 FR 26435, May 28, 1996]

    Editorial Note: The restricted areas formerly carried as 
Secs. 608.21 to 608.72 of this title were transferred to part 73 as 
Secs. 73.21 to 73.72 under subpart B but are not carried in the Code of 
Federal Regulations. For Federal Register citations affecting these 
restricted areas, see the List of CFR Sections Affected in the Finding 
Aids section of this volume.



                       Subpart C--Prohibited Areas



Sec. 73.81   Applicability.

    This subpart designates prohibited areas and prescribes limitations 
on the operation of aircraft therein.

[[Page 139]]



Sec. 73.83   Restrictions.

    No person may operate an aircraft within a prohibited area unless 
authorization has been granted by the using agency.



Sec. 73.85   Using agency.

     For the purpose of this subpart, the using agency is the agency, 
organization or military command that established the requirements for 
the prohibited area.

    Editorial Note: Sections 73.87 through 73.99 are reserved for 
descriptions of designated prohibited areas. For Federal Register 
citations affecting these prohibited areas, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



PART 75--[RESERVED]






PART 77--OBJECTS AFFECTING NAVIGABLE AIRSPACE--Table of Contents




                           Subpart A--General

Sec.
77.1  Scope.
77.2  Definition of terms.
77.3  Standards.
77.5  Kinds of objects affected.

             Subpart B--Notice of Construction or Alteration

77.11  Scope.
77.13  Construction or alteration requiring notice.
77.15  Construction or alteration not requiring notice.
77.17  Form and time of notice.
77.19  Acknowledgment of notice.

                    Subpart C--Obstruction Standards

77.21  Scope.
77.23  Standards for determining obstructions.
77.25  Civil airport imaginary surfaces.
77.27  [Reserved]
77.28  Military airport imaginary surfaces.
77.29  Airport imaginary surfaces for heliports.

 Subpart D--Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace

77.31  Scope.
77.33  Initiation of studies.
77.35  Aeronautical studies.
77.37  Discretionary review.
77.39  Effective period of determination of no hazard.

        Subpart E--Rules of Practice for Hearings Under Subpart D

77.41  Scope.
77.43  Nature of hearing.
77.45  Presiding officer.
77.47  Legal officer.
77.49  Notice of hearing.
77.51  Parties to the hearing.
77.53  Prehearing conference.
77.55  Examination of witnesses.
77.57  Evidence.
77.59  Subpoenas of witnesses and exhibits.
77.61  Revision of construction or alteration proposal.
77.63  Record of hearing.
77.65  Recommendations by parties.
77.67  Final decision of the Administrator.
77.69  Limitations on appearance and representation.

             Subpart F--Establishment of Antenna Farm Areas

77.71  Scope.
77.73  General provisions.
77.75  Establishment of antenna farm areas.

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 44502, 44701, 
44718, 46101-46102, 46104.

    Source: Docket No. 1882, 30 FR 1839, Feb. 10, 1965, unless otherwise 
noted.



                           Subpart A--General



Sec. 77.1   Scope.

    This part:
    (a) Establishes standards for determining obstructions in navigable 
airspace;
    (b) Sets forth the requirements for notice to the Administrator of 
certain proposed construction or alteration;
    (c) Provides for aeronautical studies of obstructions to air 
navigation, to determine their effect on the safe and efficient use of 
airspace;
    (d) Provides for public hearings on the hazardous effect of proposed 
construction or alteration on air navigation; and
    (e) Provides for establishing antenna farm areas.



Sec. 77.2   Definition of terms.

    For the purpose of this part:
    Airport available for public use means an airport that is open to 
the general public with or without a prior request to use the airport.

[[Page 140]]

    A seaplane base is considered to be an airport only if its sea lanes 
are outlined by visual markers.
    Nonprecision instrument runway means a runway having an existing 
instrument approach procedure utilizing air navigation facilities with 
only horizontal guidance, or area type navigation equipment, for which a 
straight-in nonprecision instrument approach procedure has been 
approved, or planned, and for which no precision approach facilities are 
planned, or indicated on an FAA planning document or military service 
military airport planning document.
    Precision instrument runway means a runway having an existing 
instrument approach procedure utilizing an Instrument Landing System 
(ILS), or a Precision Approach Radar (PAR). It also means a runway for 
which a precision approach system is planned and is so indicated by an 
FAA approved airport layout plan; a military service approved military 
airport layout plan; any other FAA planning document, or military 
service military airport planning document.
    Utility runway means a runway that is constructed for and intended 
to be used by propeller driven aircraft of 12,500 pounds maximum gross 
weight and less.
    Visual runway means a runway intended solely for the operation of 
aircraft using visual approach procedures, with no straight-in 
instrument approach procedure and no instrument designation indicated on 
an FAA approved airport layout plan, a military service approved 
military airport layout plan, or by any planning document submitted to 
the FAA by competent authority.

[Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 
FR 5969, Apr. 1, 1971]



Sec. 77.3   Standards.

    (a) The standards established in this part for determining 
obstructions to air navigation are used by the Administrator in:
    (1) Administering the Federal-aid Airport Program and the Surplus 
Airport Program;
    (2) Transferring property of the United States under section 16 of 
the Federal Airport Act;
    (3) Developing technical standards and guidance in the design and 
construction of airports; and
    (4) Imposing requirements for public notice of the construction or 
alteration of any structure where notice will promote air safety.
    (b) The standards used by the Administrator in the establishment of 
flight procedures and aircraft operational limitations are not set forth 
in this part but are contained in other publications of the 
Administrator.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 
FR 5970, Apr. 1, 1971]



Sec. 77.5   Kinds of objects affected.

    This part applies to:
    (a) Any object of natural growth, terrain, or permanent or temporary 
construction or alteration, including equipment or materials used 
therein, and apparatus of a permanent or temporary character; and
    (b) Alteration of any permanent or temporary existing structure by a 
change in its height (including appurtenances), or lateral dimensions, 
including equipment or materials used therein.



             Subpart B--Notice of Construction or Alteration



Sec. 77.11   Scope.

    (a) This subpart requires each person proposing any kind of 
construction or alteration described in Sec. 77.13(a) to give adequate 
notice to the Administrator. It specifies the locations and dimensions 
of the construction or alteration for which notice is required and 
prescribes the form and manner of the notice. It also requires 
supplemental notices 48 hours before the start and upon the completion 
of certain construction or alteration that was the subject of a notice 
under Sec. 77.13(a).
    (b) Notices received under this subpart provide a basis for:
    (1) Evaluating the effect of the construction or alteration on 
operational procedures and proposed operational procedures;

[[Page 141]]

    (2) Determinations of the possible hazardous effect of the proposed 
construction or alteration on air navigation;
    (3) Recommendations for identifying the construction or alteration 
in accordance with the current Federal Aviation Administration Advisory 
Circular AC 70/7460-1 entitled ``Obstruction Marking and Lighting,'' 
which is available without charge from the Department of Transportation, 
Distribution Unit, TAD 484.3, Washington, DC 20590.
    (4) Determining other appropriate measures to be applied for 
continued safety of air navigation; and
    (5) Charting and other notification to airmen of the construction or 
alteration.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-8, 33 
FR 18614, Dec. 17, 1968; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]



Sec. 77.13   Construction or alteration requiring notice.

    (a) Except as provided in Sec. 77.15, each sponsor who proposes any 
of the following construction or alteration shall notify the 
Administrator in the form and manner prescribed in Sec. 77.17:
    (1) Any construction or alteration of more than 200 feet in height 
above the ground level at its site.
    (2) Any construction or alteration of greater height than an 
imaginary surface extending outward and upward at one of the following 
slopes:
    (i) 100 to 1 for a horizontal distance of 20,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with at least one runway more than 
3,200 feet in actual length, excluding heliports.
    (ii) 50 to 1 for a horizontal distance of 10,000 feet from the 
nearest point of the nearest runway of each airport specified in 
paragraph (a)(5) of this section with its longest runway no more than 
3,200 feet in actual length, excluding heliports.
    (iii) 25 to 1 for a horizontal distance of 5,000 feet from the 
nearest point of the nearest landing and takeoff area of each heliport 
specified in paragraph (a)(5) of this section.
    (3) Any highway, railroad, or other traverse way for mobile objects, 
of a height which, if adjusted upward 17 feet for an Interstate Highway 
that is part of the National System of Military and Interstate Highways 
where overcrossings are designed for a minimum of 17 feet vertical 
distance, 15 feet for any other public roadway, 10 feet or the height of 
the highest mobile object that would normally traverse the road, 
whichever is greater, for a private road, 23 feet for a railroad, and 
for a waterway or any other traverse way not previously mentioned, an 
amount equal to the height of the highest mobile object that would 
normally traverse it, would exceed a standard of paragraph (a) (1) or 
(2) of this section.
    (4) When requested by the FAA, any construction or alteration that 
would be in an instrument approach area (defined in the FAA standards 
governing instrument approach procedures) and available information 
indicates it might exceed a standard of subpart C of this part.
    (5) Any construction or alteration on any of the following airports 
(including heliports):
    (i) An airport that is available for public use and is listed in the 
Airport Directory of the current Airman's Information Manual or in 
either the Alaska or Pacific Airman's Guide and Chart Supplement.
    (ii) An airport under construction, that is the subject of a notice 
or proposal on file with the Federal Aviation Administration, and, 
except for military airports, it is clearly indicated that that airport 
will be available for public use.
    (iii) An airport that is operated by an armed force of the United 
States.
    (b) Each sponsor who proposes construction or alteration that is the 
subject of a notice under paragraph (a) of this section and is advised 
by an FAA regional office that a supplemental notice is required shall 
submit that notice on a prescribed form to be received by the FAA 
regional office at least 48 hours before the start of the construction 
or alteration.
    (c) Each sponsor who undertakes construction or alteration that is 
the subject of a notice under paragraph (a) of this section shall, 
within 5 days after

[[Page 142]]

that construction or alteration reaches its greatest height, submit a 
supplemental notice on a prescribed form to the FAA regional office 
having jurisdiction over the region involved, if--
    (1) The construction or alteration is more than 200 feet above the 
surface level of its site; or
    (2) An FAA regional office advises him that submission of the form 
is required.

[Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Amdt. 77-9, 36 
FR 5970, Apr. 1, 1971; Amdt. 77-10, 37 FR 4705, Mar. 4, 1972]



Sec. 77.15   Construction or alteration not requiring notice.

    No person is required to notify the Administrator for any of the 
following construction or alteration:
    (a) Any object that would be shielded by existing structures of a 
permanent and substantial character or by natural terrain or topographic 
features of equal or greater height, and would be located in the 
congested area of a city, town, or settlement where it is evident beyond 
all reasonable doubt that the structure so shielded will not adversely 
affect safety in air navigation.
    (b) Any antenna structure of 20 feet or less in height except one 
that would increase the height of another antenna structure.
    (c) Any air navigation facility, airport visual approach or landing 
aid, aircraft arresting device, or meteorological device, of a type 
approved by the Administrator, or an appropriate military service on 
military airports, the location and height of which is fixed by its 
functional purpose.
    (d) Any construction or alteration for which notice is required by 
any other FAA regulation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]



Sec. 77.17   Form and time of notice.

    (a) Each person who is required to notify the Administrator under 
Sec. 77.13(a) shall send one executed form set (four copies) of FAA Form 
7460-1, Notice of Proposed Construction or Alteration, to the Manager, 
Air Traffic Division, FAA Regional Office having jurisdiction over the 
area within which the construction or alteration will be located. Copies 
of FAA Form 7460-1 may be obtained from the headquarters of the Federal 
Aviation Administration and the regional offices.
    (b) The notice required under Sec. 77.13(a) (1) through (4) must be 
submitted at least 30 days before the earlier of the following dates:
    (1) The date the proposed construction or alteration is to begin.
    (2) The date an application for a construction permit is to be 
filed.

However, a notice relating to proposed construction or alteration that 
is subject to the licensing requirements of the Federal Communications 
Act may be sent to FAA at the same time the application for construction 
is filed with the Federal Communications Commission, or at any time 
before that filing.
    (c) A proposed structure or an alteration to an existing structure 
that exceeds 2,000 feet in height above the ground will be presumed to 
be a hazard to air navigation and to result in an inefficient 
utilization of airspace and the applicant has the burden of overcoming 
that presumption. Each notice submitted under the pertinent provisions 
of this part 77 proposing a structure in excess of 2,000 feet above 
ground, or an alteration that will make an existing structure exceed 
that height, must contain a detailed showing, directed to meeting this 
burden. Only in exceptional cases, where the FAA concludes that a clear 
and compelling showing has been made that it would not result in an 
inefficient utilization of the airspace and would not result in a hazard 
to air navigation, will a determination of no hazard be issued.
    (d) In the case of an emergency involving essential public services, 
public health, or public safety that requires immediate construction or 
alteration, the 30-day requirement in paragraph (b) of this section does 
not apply and the notice may be sent by telephone, telegraph, or other 
expeditious means, with an executed FAA Form 7460-1 submitted within 5 
days thereafter. Outside normal business hours, emergency notices by 
telephone or telegraph may be submitted to the nearest FAA Flight 
Service Station.
    (e) Each person who is required to notify the Administrator by 
paragraph

[[Page 143]]

(b) or (c) of Sec. 77.13, or both, shall send an executed copy of FAA 
Form 117-1, Notice of Progress of Construction or Alteration, to the 
Manager, Air Traffic Division, FAA Regional Office having jurisdiction 
over the area involved.

(Sec. 6, 80 Stat. 937, 49 U.S.C. 1655)

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-2, 31 
FR 9449, July 12, 1966; Amdt. 77-8, 33 FR 18614, Dec. 17, 1968; Amdt. 
77-10, 37 FR 4705, Mar. 4, 1972; Amdt. 77-11, 54 FR 39292, Sept. 25, 
1989]



Sec. 77.19   Acknowledgment of notice.

    (a) The FAA acknowledges in writing the receipt of each notice 
submitted under Sec. 77.13(a).
    (b) If the construction or alteration proposed in a notice is one 
for which lighting or marking standards are prescribed in the FAA 
Advisory Circular AC 70/7460-1, entitled ``Obstruction Marking and 
Lighting,'' the acknowledgment contains a statement to that effect and 
information on how the structure should be marked and lighted in 
accordance with the manual.
    (c) The acknowledgment states that an aeronautical study of the 
proposed construction or alteration has resulted in a determination that 
the construction or alteration:
    (1) Would not exceed any standard of subpart C and would not be a 
hazard to air navigation;
    (2) Would exceed a standard of subpart C but would not be a hazard 
to air navigation; or
    (3) Would exceed a standard of subpart C and further aeronautical 
study is necessary to determine whether it would be a hazard to air 
navigation, that the sponsor may request within 30 days that further 
study, and that, pending completion of any further study, it is presumed 
the construction or alteration would be a hazard to air navigation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4, 32 
FR 12997, Sept. 13, 1967; Amdt. 77-5, 33 FR 5257, Apr. 2, 1968]



                    Subpart C--Obstruction Standards



Sec. 77.21   Scope.

    (a) This subpart establishes standards for determining obstructions 
to air navigation. It applies to existing and proposed manmade objects, 
objects of natural growth, and terrain. The standards apply to the use 
of navigable airspace by aircraft and to existing air navigation 
facilities, such as an air navigation aid, airport, Federal airway, 
instrument approach or departure procedure, or approved off-airway 
route. Additionally, they apply to a planned facility or use, or a 
change in an existing facility or use, if a proposal therefor is on file 
with the Federal Aviation Administration or an appropriate military 
service on the date the notice required by Sec. 77.13(a) is filed.
    (b) At those airports having defined runways with specially prepared 
hard surfaces, the primary surface for each such runway extends 200 feet 
beyond each end of the runway. At those airports having defined strips 
or pathways that are used regularly for the taking off and landing of 
aircraft and have been designated by appropriate authority as runways, 
but do not have specially prepared hard surfaces, each end of the 
primary surface for each such runway shall coincide with the 
corresponding end of the runway. At those airports, excluding seaplane 
bases, having a defined landing and takeoff area with no defined 
pathways for the landing and taking off of aircraft, a determination 
shall be made as to which portions of the landing and takeoff area are 
regularly used as landing and takeoff pathways. Those pathways so 
determined shall be considered runways and an appropriate primary 
surface as defined in Sec. 77.25(c) will be considered as being 
longitudinally centered on each runway so determined, and each end of 
that primary surface shall coincide with the corresponding end of that 
runway.
    (c) The standards in this subpart apply to the effect of 
construction or alteration proposals upon an airport if, at the time of 
filing of the notice required by Sec. 77.13(a), that airport is--
    (1) Available for public use and is listed in the Airport Directory 
of the current Airman's Information Manual or in either the Alaska or 
Pacific Airman's Guide and Chart Supplement; or
    (2) A planned or proposed airport or an airport under construction, 
that is the subject of a notice or proposal on

[[Page 144]]

file with the Federal Aviation Administration, and, except for military 
airports, it is clearly indicated that that airport will be available 
for public use; or,
    (3) An airport that is operated by an armed force of the United 
States.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968; Amdt. 77-9, 36 FR 5970, Apr. 1, 1971]



Sec. 77.23   Standards for determining obstructions.

    (a) An existing object, including a mobile object, is, and a future 
object would be, an obstruction to air navigation if it is of greater 
height than any of the following heights or surfaces:
    (1) A height of 500 feet above ground level at the site of the 
object.
    (2) A height that is 200 feet above ground level or above the 
established airport elevation, whichever is higher, within 3 nautical 
miles of the established reference point of an airport, excluding 
heliports, with its longest runway more than 3,200 feet in actual 
length, and that height increases in the proportion of 100 feet for each 
additional nautical mile of distance from the airport up to a maximum of 
500 feet.
    (3) A height within a terminal obstacle clearance area, including an 
initial approach segment, a departure area, and a circling approach 
area, which would result in the vertical distance between any point on 
the object and an established minimum instrument flight altitude within 
that area or segment to be less than the required obstacle clearance.
    (4) A height within an en route obstacle clearance area, including 
turn and termination areas, of a Federal airway or approved off-airway 
route, that would increase the minimum obstacle clearance altitude.
    (5) The surface of a takeoff and landing area of an airport or any 
imaginary surface established under Sec. 77.25, Sec. 77.28, or 
Sec. 77.29. However, no part of the take-off or landing area itself will 
be considered an obstruction.
    (b) Except for traverse ways on or near an airport with an operative 
ground traffic control service, furnished by an air traffic control 
tower or by the airport management and coordinated with the air traffic 
control service, the standards of paragraph (a) of this section apply to 
traverse ways used or to be used for the passage of mobile objects only 
after the heights of these traverse ways are increased by:
    (1) Seventeen feet for an Interstate Highway that is part of the 
National System of Military and Interstate Highways where overcrossings 
are designed for a minimum of 17 feet vertical distance.
    (2) Fifteen feet for any other public roadway.
    (3) Ten feet or the height of the highest mobile object that would 
normally traverse the road, whichever is greater, for a private road.
    (4) Twenty-three feet for a railroad, and,
    (5) For a waterway or any other traverse way not previously 
mentioned, an amount equal to the height of the highest mobile object 
that would normally traverse it.

[Doc. No. 10183, 36 FR 5970, Apr. 1, 1971]



Sec. 77.25   Civil airport imaginary surfaces.

    The following civil airport imaginary surfaces are established with 
relation to the airport and to each runway. The size of each such 
imaginary surface is based on the category of each runway according to 
the type of approach available or planned for that runway. The slope and 
dimensions of the approach surface applied to each end of a runway are 
determined by the most precise approach existing or planned for that 
runway end.
    (a) Horizontal surface. A horizontal plane 150 feet above the 
established airport elevation, the perimeter of which is constructed by 
swinging arcs of specified radii from the center of each end of the 
primary surface of each runway of each airport and connecting the 
adjacent arcs by lines tangent to those arcs. The radius of each arc is:
    (1) 5,000 feet for all runways designated as utility or visual;
    (2) 10,000 feet for all other runways. The radius of the arc 
specified for each end of a runway will have the same arithmetical 
value. That value will be the highest determined for either end of the 
runway. When a 5,000-foot arc is encompassed by tangents connecting

[[Page 145]]

two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded 
on the construction of the perimeter of the horizontal surface.
    (b) Conical surface. A surface extending outward and upward from the 
periphery of the horizontal surface at a slope of 20 to 1 for a 
horizontal distance of 4,000 feet.
    (c) Primary surface. A surface longitudinally centered on a runway. 
When the runway has a specially prepared hard surface, the primary 
surface extends 200 feet beyond each end of that runway; but when the 
runway has no specially prepared hard surface, or planned hard surface, 
the primary surface ends at each end of that runway. The elevation of 
any point on the primary surface is the same as the elevation of the 
nearest point on the runway centerline. The width of a primary surface 
is:
    (1) 250 feet for utility runways having only visual approaches.
    (2) 500 feet for utility runways having nonprecision instrument 
approaches.
    (3) For other than utility runways the width is:
    (i) 500 feet for visual runways having only visual approaches.
    (ii) 500 feet for nonprecision instrument runways having visibility 
minimums greater than three-fourths statute mile.
    (iii) 1,000 feet for a nonprecision instrument runway having a 
nonprecision instrument approach with visibility minimums as low as 
three-fourths of a statute mile, and for precision instrument runways.

The width of the primary surface of a runway will be that width 
prescribed in this section for the most precise approach existing or 
planned for either end of that runway.
    (d) Approach surface. A surface longitudinally centered on the 
extended runway centerline and extending outward and upward from each 
end of the primary surface. An approach surface is applied to each end 
of each runway based upon the type of approach available or planned for 
that runway end.
    (1) The inner edge of the approach surface is the same width as the 
primary surface and it expands uniformly to a width of:
    (i) 1,250 feet for that end of a utility runway with only visual 
approaches;
    (ii) 1,500 feet for that end of a runway other than a utility runway 
with only visual approaches;
    (iii) 2,000 feet for that end of a utility runway with a 
nonprecision instrument approach;
    (iv) 3,500 feet for that end of a nonprecision instrument runway 
other than utility, having visibility minimums greater than three-
fourths of a statute mile;
    (v) 4,000 feet for that end of a nonprecision instrument runway, 
other than utility, having a nonprecision instrument approach with 
visibility minimums as low as three-fourths statute mile; and
    (vi) 16,000 feet for precision instrument runways.
    (2) The approach surface extends for a horizontal distance of:
    (i) 5,000 feet at a slope of 20 to 1 for all utility and visual 
runways;
    (ii) 10,000 feet at a slope of 34 to 1 for all nonprecision 
instrument runways other than utility; and,
    (iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 
feet at a slope of 40 to 1 for all precision instrument runways.
    (3) The outer width of an approach surface to an end of a runway 
will be that width prescribed in this subsection for the most precise 
approach existing or planned for that runway end.
    (e) Transitional surface. These surfaces extend outward and upward 
at right angles to the runway centerline and the runway centerline 
extended at a slope of 7 to 1 from the sides of the primary surface and 
from the sides of the approach surfaces. Transitional surfaces for those 
portions of the precision approach surface which project through and 
beyond the limits of the conical surface, extend a distance of 5,000 
feet measured horizontally from the edge of the approach surface and at 
right angles to the runway centerline.

[Doc. No. 10183, 36 FR 5970, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]

[[Page 146]]

Sec. 77.27  [Reserved]



Sec. 77.28   Military airport imaginary surfaces.

    (a) Related to airport reference points. These surfaces apply to all 
military airports. For the purposes of this section a military airport 
is any airport operated by an armed force of the United States.
    (1) Inner horizontal surface. A plane is oval in shape at a height 
of 150 feet above the established airfield elevation. The plane is 
constructed by scribing an arc with a radius of 7,500 feet about the 
centerline at the end of each runway and interconnecting these arcs with 
tangents.
    (2) Conical surface. A surface extending from the periphery of the 
inner horizontal surface outward and upward at a slope of 20 to 1 for a 
horizontal distance of 7,000 feet to a height of 500 feet above the 
established airfield elevation.
    (3) Outer horizontal surface. A plane, located 500 feet above the 
established airfield elevation, extending outward from the outer 
periphery of the conical surface for a horizontal distance of 30,000 
feet.
    (b) Related to runways. These surfaces apply to all military 
airports.
    (1) Primary surface. A surface located on the ground or water 
longitudinally centered on each runway with the same length as the 
runway. The width of the primary surface for runways is 2,000 feet. 
However, at established bases where substantial construction has taken 
place in accordance with a previous lateral clearance criteria, the 
2,000-foot width may be reduced to the former criteria.
    (2) Clear zone surface. A surface located on the ground or water at 
each end of the primary surface, with a length of 1,000 feet and the 
same width as the primary surface.
    (3) Approach clearance surface. An inclined plane, symmetrical about 
the runway centerline extended, beginning 200 feet beyond each end of 
the primary surface at the centerline elevation of the runway end and 
extending for 50,000 feet. The slope of the approach clearance surface 
is 50 to 1 along the runway centerline extended until it reaches an 
elevation of 500 feet above the established airport elevation. It then 
continues horizontally at this elevation to a point 50,000 feet from the 
point of beginning. The width of this surface at the runway end is the 
same as the primary surface, it flares uniformly, and the width at 
50,000 is 16,000 feet.
    (4) Transitional surfaces. These surfaces connect the primary 
surfaces, the first 200 feet of the clear zone surfaces, and the 
approach clearance surfaces to the inner horizontal surface, conical 
surface, outer horizontal surface or other transitional surfaces. The 
slope of the transitional surface is 7 to 1 outward and upward at right 
angles to the runway centerline.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-1, 30 
FR 6713, May 18, 1965; Amdt. 77-9, 36 FR 5971, Apr. 1, 1971]



Sec. 77.29   Airport imaginary surfaces for heliports.

    (a) Heliport primary surface. The area of the primary surface 
coincides in size and shape with the designated take-off and landing 
area of a heliport. This surface is a horizontal plane at the elevation 
of the established heliport elevation.
    (b) Heliport approach surface. The approach surface begins at each 
end of the heliport primary surface with the same width as the primary 
surface, and extends outward and upward for a horizontal distance of 
4,000 feet where its width is 500 feet. The slope of the approach 
surface is 8 to 1 for civil heliports and 10 to 1 for military 
heliports.
    (c) Heliport transitional surfaces These surfaces extend outward and 
upward from the lateral boundaries of the heliport primary surface and 
from the approach surfaces at a slope of 2 to 1 for a distance of 250 
feet measured horizontally from the centerline of the primary and 
approach surfaces.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-9, 36 
FR 5971, Apr. 1, 1971; 36 FR 6741, Apr. 8, 1971]

[[Page 147]]



 Subpart D--Aeronautical Studies of Effect of Proposed Construction on 
                           Navigable Airspace



Sec. 77.31   Scope.

    (a) This subpart applies to the conduct of aeronautical studies of 
the effect of proposed construction or alteration on the use of air 
navigation facilities or navigable airspace by aircraft. In the 
aeronautical studies, present and future IFR and VFR aeronautical 
operations and procedures are reviewed and any possible changes in those 
operations and procedures and in the construction proposal that would 
eliminate or alleviate the conflicting demands are ascertained.
    (b) The conclusion of a study made under this subpart is normally a 
determination as to whether the specific proposal studied would be a 
hazard to air navigation.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 
FR 10843, July 31, 1968]



Sec. 77.33   Initiation of studies.

    (a) An aeronautical study is conducted by the FAA:
    (1) Upon the request of the sponsor or any construction or 
alteration for which a notice is submitted under subpart B of this part, 
unless that construction or alteration would be located within an 
antenna farm area established under subpart F of this part; or
    (2) Whenever the FAA determines it appropriate.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-4, 32 
FR 12997, Sept. 13, 1967]



Sec. 77.35   Aeronautical studies.

    (a) The Regional Manager, Air Traffic Division of the region in 
which the proposed construction or alteration would be located, or his 
designee, conducts the aeronautical study of the effect of the proposal 
upon the operation of air navigation facilities and the safe and 
efficient utilization of the navigable airspace. This study may include 
the physical and electromagnetic radiation effect the proposal may have 
on the operation of an air navigation facility.
    (b) To the extent considered necessary, the Regional Manager, Air 
Traffic Division or his designee:
    (1) Solicits comments from all interested persons;
    (2) Explores objections to the proposal and attempts to develop 
recommendations for adjustment of aviation requirements that would 
accommodate the proposed construction or alteration;
    (3) Examines possible revisions of the proposal that would eliminate 
the exceeding of the standards in subpart C of this part; and
    (4) Convenes a meeting with all interested persons for the purpose 
of gathering all facts relevant to the effect of the proposed 
construction or alteration on the safe and efficient utilization of the 
navigable airspace.
    (c) The Regional Manager, Air Traffic Division or his designee 
issues a determination as to whether the proposed construction or 
alteration would be a hazard to air navigation and sends copies to all 
known interested persons. This determination is final unless a petition 
for review is granted under Sec. 77.37.
    (d) If the sponsor revises his proposal to eliminate exceeding of 
the standards of subpart C of this part, or withdraws it, the Regional 
Manager, Air Traffic Division, or his designee, terminates the study and 
notifies all known interested persons.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-6, 33 
FR 10843, July 31, 1968; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]



Sec. 77.37   Discretionary review.

    (a) The sponsor of any proposed construction or alteration or any 
person who stated a substantial aeronautical objection to it in an 
aeronautical study, or any person who has a substantial aeronautical 
objection to it but was not given an opportunity to state it, may 
petition the Administrator, within 30 days after issuance of the 
determination under Sec. 77.19 or Sec. 77.35 or revision or extension of 
the determination under Sec. 77.39(c), for a review of the 
determination, revision, or extension. This paragraph does not

[[Page 148]]

apply to any acknowledgment issued under Sec. 77.19(c)(1).
    (b) The petition must be in triplicate and contain a full statement 
of the basis upon which it is made.
    (c) The Administrator examines each petition and decides whether a 
review will be made and, if so, whether it will be:
    (1) A review on the basis of written materials, including study of a 
report by the Regional Manager, Air Traffic Division of the aeronautical 
study, briefs, and related submissions by any interested party, and 
other relevant facts, with the Administrator affirming, revising, or 
reversing the determination issued under Sec. 77.19, Sec. 77.35 or 
Sec. 77.39(c); or
    (2) A review on the basis of a public hearing, conducted in 
accordance with the procedures prescribed in subpart E of this part.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-3, 32 
FR 6970, May 6, 1967; Amdt. 77-11, 54 FR 39292, Sept. 25, 1989]



Sec. 77.39   Effective period of determination of no hazard.

    (a) Unless it is otherwise extended, revised, or terminated, each 
final determination of no hazard made under this subpart or subpart B or 
E of this part expires 18 months after its effective date, regardless of 
whether the proposed construction or alteration has been started, or on 
the date the proposed construction or alteration is abandoned, whichever 
is earlier.
    (b) In any case, including a determination to which paragraph (d) of 
this section applies, where the proposed construction or alteration has 
not been started during the applicable period by actual structural work, 
such as the laying of a foundation, but not including excavation, any 
interested person may, at least 15 days before the date the final 
determination expires, petition the FAA official who issued the 
determination to:
    (1) Revise the determination based on new facts that change the 
basis on which it was made; or
    (2) Extend its effective period.
    (c) The FAA official who issued the determination reviews each 
petition presented under paragraph (b) of this section, and revises, 
extends, or affirms the determination as indicated by his findings.
    (d) In any case in which a final determination made under this 
subpart or subpart B or E of this part relates to proposed construction 
or alteration that may not be started unless the Federal Communications 
Commission issues an appropriate construction permit, the effective 
period of each final determination includes--
    (1) The time required to apply to the Commission for a construction 
permit, but not more than 6 months after the effective date of the 
determination; and
    (2) The time necessary for the Commission to process the application 
except in a case where the Administrator determines a shorter effective 
period is required by the circumstances.
    (e) If the Commission issues a construction permit, the final 
determination is effective until the date prescribed for completion of 
the construction. If the Commission refuses to issue a construction 
permit, the final determination expires on the date of its refusal.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-5, 33 
FR 5257, Apr. 2, 1968]



        Subpart E--Rules of Practice for Hearings Under Subpart D



Sec. 77.41   Scope.

    This subpart applies to hearings held by the FAA under titles I, 
III, and X of the Federal Aviation Act of 1958 (49 U.S.C. subchapters I, 
III, and X), on proposed construction or alteration that affects the use 
of navigable airspace.



Sec. 77.43   Nature of hearing.

    Sections 4, 5, 7, and 8 of the Administrative Procedure Act (5 
U.S.C. 1003, 1004, 1006, and 1007) do not apply to hearings held on 
proposed construction or alteration to determine its effect on the 
safety of aircraft and the efficient use of navigable airspace because 
those hearings are factfinding in nature. As a factfinding procedure, 
each hearing is nonadversary and there are no formal pleadings or 
adverse parties.

[[Page 149]]



Sec. 77.45   Presiding officer.

    (a) If, under Sec. 79.37, the Administrator grants a public hearing 
on any proposed construction or alteration covered by this part, the 
Director, Air Traffic Operations Service designates an FAA employee to 
be the presiding officer at the hearing.
    (b) The presiding officer may:
    (1) Give notice of the date and location of the hearing and any 
prehearing conference that may be held;
    (2) Administer oaths and affirmations;
    (3) Examine witnesses;
    (4) Issue subpoenas and take depositions or have them taken;
    (5) Obtain, in the form of a public record, all pertinent and 
relevant facts relating to the subject matter of the hearing;
    (6) Rule, with the assistance of the legal officer, upon the 
admissibility of evidence;
    (7) Regulate the course and conduct of the hearing; and
    (8) Designate parties to the hearing and revoke those designations.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-11, 54 
FR 39292, Sept. 25, 1989]



Sec. 77.47   Legal officer.

    The Chief Counsel designates a member of his staff to serve as legal 
officer at each hearing under this subpart. The legal officer may 
examine witnesses and assist and advise the presiding officer on 
questions of evidence or other legal questions arising during the 
hearing.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended at 38 FR 26444, 
Sept. 17, 1973]



Sec. 77.49   Notice of hearing.

    In designating a time and place for a hearing under this subpart the 
presiding officer considers the needs of the FAA and the convenience of 
the parties and witnesses. The time and place of each hearing is 
published in the ``Notices'' section of the Federal Register before the 
date of the hearing, unless the notice is impractical or unnecessary.



Sec. 77.51   Parties to the hearing.

    The presiding officer designates the following as parties to the 
hearing--
    (a) The proponent of the proposed construction or alteration.
    (b) Those persons whose activities would be substantially affected 
by the proposed construction or alteration.



Sec. 77.53   Prehearing conference.

    (a) The presiding officer may, in his discretion, hold a prehearing 
conference with the parties to the hearing and the legal officer before 
the hearing.
    (b) At the direction of the presiding officer, each party to a 
prehearing conference shall submit a brief written statement of the 
evidence he intends to provide through his witnesses and by questioning 
other witnesses at the hearing, and shall provide enough copies of the 
statement so that the presiding officer may keep three for the FAA and 
give one to each other party.
    (c) At the prehearing conference, the presiding officer reduces and 
simplifies the subject matter of the hearing so far as possible and 
advises the parties of the probable order of presenting the evidence.



Sec. 77.55   Examination of witnesses.

    (a) Each witness at a hearing under this subpart shall, after being 
sworn by the presiding officer, give his testimony under oath.
    (b) The party for whom a witness, other than an employee of the FAA, 
is testifying shall examine that witness. After that examination, other 
parties to the hearing may examine the witness, in the order fixed by 
the presiding officer. The presiding officer and the legal officer may 
then examine the witness. The presiding officer may grant any party an 
additional opportunity to examine any witness, if that party adequately 
justifies the additional examination.
    (c) The legal officer examines each FAA employee who is a witness, 
before the other parties examine him. After that examination, the order 
prescribed in paragraph (b) of this section applies. An FAA employee may 
testify only as to facts within his personal knowledge and the 
application of FAA regulations, standards, and policies.

[[Page 150]]



Sec. 77.57   Evidence.

    (a) The presiding officer receives all testimony and exhibits that 
are relevant to the issues of the hearing. So far as possible, each 
party shall submit enough copies of his exhibits that the presiding 
officer may keep three copies for the FAA and give one to each other 
party.
    (b) The presiding officer excludes any testimony that is irrelevant, 
unduly repetitious, or consists of statements made during an 
aeronautical study in an effort to reconcile or compromise aviation or 
construction or alteration requirements. A party to the hearing may 
object to the admission of evidence only on the ground that it is 
irrelevant.



Sec. 77.59   Subpoenas of witnesses and exhibits.

    (a) The presiding officer of a hearing may issue subpoenas for any 
witness or exhibit that he determines may be material and relevant to 
the issues of the hearing. So far as possible, each party to the hearing 
shall provide the witnesses and exhibits that he intends to present at 
the hearing.
    (b) If any party to the hearing is unable to provide his necessary 
witnesses and exhibits, he shall advise the presiding officer far enough 
in advance that the presiding officer can determine whether he should 
issue subpoenas for the desired witnesses or exhibits.



Sec. 77.61   Revision of construction or alteration proposal.

    (a) The sponsor of any proposed construction or alteration covered 
by this part may revise his proposal at any time before or during the 
hearing. If he revises it, the presiding officer decides whether the 
revision affects the proposal to the extent that he should send it to 
the Administrator for a redetermination of the need for a hearing.
    (b) If the presiding officer decides that it does not need to be 
resubmitted to the Administrator, he advises the parties of the revised 
proposal and takes the action necessary to allow all parties to 
effectively participate in the hearing on the revised proposal. Without 
limiting his discretion, the presiding officer may recess and reconvene 
the hearing, or hold another prehearing conference.



Sec. 77.63   Record of hearing.

    (a) Each hearing is recorded verbatim by an official reporter under 
an FAA contract. The transcript, and all exhibits, become a part of the 
record of the hearing.
    (b) Any person may buy a copy of the transcript of the hearing from 
the reporter at the price fixed for it.
    (c) The presiding officer may allow any party to withdraw an 
original document if he submits authenticated copies of it.
    (d) Any person may buy, from the FAA, photostatic copies of any 
exhibit by paying the copying costs.
    (e) A change in the official transcript of a hearing may be made 
only if it involves an error of substance. Any recommendation to correct 
the transcript must be filed with the presiding officer within 5 days 
after the hearing closes. The presiding officer reviews each request for 
a correction to the extent he considers appropriate and shall make any 
revisions that he finds appropriate as a result of that review.



Sec. 77.65   Recommendations by parties.

    Within 20 days after the mailing of the record of hearing by the 
official reporter, or as otherwise directed by the presiding officer, 
each party may submit to the presiding officer five copies of his 
recommendations for a final decision to be made by the Administrator.



Sec. 77.67   Final decision of the Administrator.

    After reviewing the evidence relevant to the questions of fact in a 
hearing, including the official transcript and the exhibits, The 
Administrator resolves all these questions, based on the weight of 
evidence, and makes his determination, stating the basis and reasons for 
it. He then issues an appropriate order to be served on each of the 
parties.



Sec. 77.69   Limitations on appearance and representation.

    (a) A former officer or employee of the FAA may not appear on behalf 
of, or represent, any party before the FAA

[[Page 151]]

in connection with any matter to which this part applies, if he 
considered or passed on that matter while he was an officer or employee 
of the FAA.
    (b) A person appearing before the FAA on any matter to which this 
part applies may not, in connection with that appearance, knowingly 
accept assistance from, or share fees with, any person who is prohibited 
by paragraph (a) of this section, from appearing himself on that matter.
    (c) A former official or employee of the FAA may not, within 6 
months after he ceases to be such an officer or employee, appear before 
the FAA on behalf of, or represent, any party in connection with any 
proceeding that was pending under this part while he was an officer or 
employee of the FAA, unless he obtains written consent from an 
appropriate officer of the FAA, based on a verified showing that he did 
not personally consider the matter concerned or gain particular 
knowledge of it while he was an officer or employee of the FAA.



             Subpart F--Establishment of Antenna Farm Areas



Sec. 77.71   Scope.

    (a) This subpart establishes antenna farm areas in which antenna 
structures may be grouped to localize their effect on the use of 
navigable airspace.
    (b) It is the policy of the FAA to encourage the use of antenna 
farms and the single structure-multiple antenna concept for radio and 
television towers whenever possible. In considering proposals for 
establishing antenna farm areas, it considers as far as possible the 
revision of aeronautical procedures and operations to accommodate 
antenna structures that will fulfill broadcasting requirements.



Sec. 77.73   General provisions.

    (a) An antenna farm area consists of a specified geographical 
location with established dimensions of area and height, where antenna 
towers with a common impact on aviation may be grouped. Each such area 
is established by appropriate rule making action.
    (b) Each proposal for an antenna farm area is evaluated on the basis 
of its effect on the use of navigable airspace. The views of the Federal 
Communications Commission are requested on the effect that each 
establishment of an antenna farm area would have on its statutory 
responsibilities. Any views submitted by it are fully considered before 
the antenna farm concerned is established. If the Commission advises 
that the establishment of any proposed antenna farm area would interfere 
with its statutory responsibility, the proposed area is not established.
    (c) The establishment of an antenna farm area is considered whenever 
it is proposed by:
    (1) The FAA;
    (2) The Federal Communications Commission;
    (3) The sponsor of a proposed antenna tower; or
    (4) Any other person having a substantial interest in a proposed 
antenna tower.

[Doc. No. 1882, 30 FR 1839, Feb. 10, 1965, as amended by Amdt. 77-10, 37 
FR 4705, Mar. 4, 1972]



Sec. 77.75   Establishment of antenna farm areas.

    The airspace areas described in the following sections of this 
subpart are established as antenna farm areas.

    Note: Sections 77.77 through 77.1100 reserved for descriptions of 
antenna farm areas.

[[Page 152]]



          SUBCHAPTER F--AIR TRAFFIC AND GENERAL OPERATING RULES





PART 91--GENERAL OPERATING AND FLIGHT RULES--Table of Contents




                  Special Federal Aviation Regulations

SFAR No. 29-4
SFAR No. 50-2
SFAR No. 51-1
SFAR No. 60
SFAR No. 61-2
SFAR No. 62
SFAR No. 64
SFAR No. 65-1
SFAR No. 66-2
SFAR No. 67
SFAR No. 71
SFAR No. 77

                           Subpart A--General

Sec.
91.1  Applicability.
91.3  Responsibility and authority of the pilot in command.
91.5  Pilot in command of aircraft requiring more than one required 
          pilot.
91.7  Civil aircraft airworthiness.
91.9  Civil aircraft flight manual, marking, and placard requirements.
91.11  Prohibition against interference with crewmembers.
91.13  Careless or reckless operation.
91.15  Dropping objects.
91.17  Alcohol or drugs.
91.19  Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.
91.21  Portable electronic devices.
91.23  Truth-in-leasing clause requirement in leases and conditional 
          sales contracts.
91.25  Aviation Safety Reporting Program: Prohibition against use of 
          reports for enforcement purposes.
91.27--91.99  [Reserved]

                         Subpart B--Flight Rules

                                 General

91.101  Applicability.
91.103  Preflight action.
91.105  Flight crewmembers at stations.
91.107  Use of safety belts, shoulder harnesses, and child restraint 
          systems.
91.109  Flight instruction; Simulated instrument flight and certain 
          flight tests.
91.111  Operating near other aircraft.
91.113  Right-of-way rules: Except water operations.
91.115  Right-of-way rules: Water operations.
91.117  Aircraft speed.
91.119  Minimum safe altitudes: General.
91.121  Altimeter settings.
91.123  Compliance with ATC clearances and instructions.
91.125  ATC light signals.
91.126  Operating on or in the vicinity of an airport in Class G 
          airspace.
91.127  Operating on or in the vicinity of an airport in Class E 
          airspace.
91.129  Operations in Class D airspace.
91.130  Operations in Class C airspace.
91.131  Operations in Class B airspace.
91.133  Restricted and prohibited areas.
91.135  Operations in Class A airspace.
91.137  Temporary flight restrictions.
91.138  Temporary flight restrictions in national disaster areas in the 
          State of Hawaii.
91.139  Emergency air traffic rules.
91.141  Flight restrictions in the proximity of the Presidential and 
          other parties.
91.143  Flight limitation in the proximity of space flight operations.
91.144  Temporary restriction on flight operations during abnormally 
          high barometric pressure conditions.
91.145--91.149  [Reserved]

                           Visual Flight Rules

91.151  Fuel requirements for flight in VFR conditions.
91.153  VFR flight plan: Information required.
91.155  Basic VFR weather minimums.
91.157  Special VFR weather minimums.
91.159  VFR cruising altitude or flight level.
91.161--91.165  [Reserved]

                         Instrument Flight Rules

91.167  Fuel requirements for flight in IFR conditions.
91.169  IFR flight plan: Information required.
91.171  VOR equipment check for IFR operations.
91.173  ATC clearance and flight plan required.
91.175  Takeoff and landing under IFR.
91.177  Minimum altitudes for IFR operations.
91.179  IFR cruising altitude or flight level.
91.181  Course to be flown.
91.183  IFR radio communications.
91.185  IFR operations: Two-way radio communications failure.
91.187  Operation under IFR in controlled airspace: Malfunction reports.
91.189  Category II and III operations: General operating rules.
91.191  Category II and Category III manual.
91.193  Certificate of authorization for certain Category II operations.
91.195--91.199  [Reserved]

[[Page 153]]

     Subpart C--Equipment, Instrument, and Certificate Requirements

91.201  [Reserved]
91.203  Civil aircraft: Certifications required.
91.205  Powered civil aircraft with standard category U.S. airworthiness 
          certificates: Instrument and equipment requirements.
91.207  Emergency locator transmitters.
91.209  Aircraft lights.
91.211  Supplemental oxygen.
91.213  Inoperative instruments and equipment.
91.215  ATC transponder and altitude reporting equipment and use.
91.217  Data correspondence between automatically reported pressure 
          altitude data and the pilot's altitude reference.
91.219  Altitude alerting system or device: Turbojet-powered civil 
          airplanes.
91.221  Traffic alert and collision avoidance system equipment and use.
91.223--91.299  [Reserved]

                  Subpart D--Special Flight Operations

91.301  [Reserved]
91.303  Aerobatic flight.
91.305  Flight test areas.
91.307  Parachutes and parachuting.
91.309  Towing: Gliders.
91.311  Towing: Other than under Sec. 91.309.
91.313  Restricted category civil aircraft: Operating limitations.
91.315  Limited category civil aircraft: Operating limitations.
91.317  Provisionally certificated civil aircraft: Operating 
          limitations.
91.319  Aircraft having experimental certificates: Operating 
          limitations.
91.321  Carriage of candidates in Federal elections.
91.323  Increased maximum certificated weights for certain airplanes 
          operated in Alaska.
91.325  Primary category aircraft: Operating limitations.
91.326--91.399  [Reserved]

     Subpart E--Maintenance, Preventive Maintenance, and Alterations

91.401  Applicability.
91.403  General.
91.405  Maintenance required.
91.407  Operation after maintenance, preventive maintenance, rebuilding, 
          or alteration.
91.409  Inspections.
91.411  Altimeter system and altitude reporting equipment tests and 
          inspections.
91.413  ATC transponder tests and inspections.
91.415  Changes to aircraft inspection programs.
91.417  Maintenance records.
91.419  Transfer of maintenance records.
91.421  Rebuilt engine maintenance records.
91.423--91.499  [Reserved]

       Subpart F--Large and Turbine-Powered Multiengine Airplanes

91.501  Applicability.
91.503  Flying equipment and operating information.
91.505  Familiarity with operating limitations and emergency equipment.
91.507  Equipment requirements: Over-the-top or night VFR operations.
91.509  Survival equipment for overwater operations.
91.511  Radio equipment for overwater operations.
91.513  Emergency equipment.
91.515  Flight altitude rules.
91.517  Passenger information.
91.519  Passenger briefing.
91.521  Shoulder harness.
91.523  Carry-on baggage.
91.525  Carriage of cargo.
91.527  Operating in icing conditions.
91.529  Flight engineer requirements.
91.531  Second in command requirements.
91.533  Flight attendant requirements.
91.535  Stowage of food, beverage, and passenger service equipment 
          during aircraft movement on the surface, takeoff, and landing.
91.537--91.599  [Reserved]

Subpart G--Additional Equipment and Operating Requirements for Large and 
                       Transport Category Aircraft

91.601  Applicability.
91.603  Aural speed warning device.
91.605  Transport category civil airplane weight limitations.
91.607  Emergency exits for airplanes carrying passengers for hire.
91.609  Flight recorders and cockpit voice recorders.
91.611  Authorization for ferry flight with one engine inoperative.
91.613  Materials for compartment interiors.
91.615--91.699  [Reserved]

Subpart H--Foreign Aircraft Operations and Operations of U.S.-Registered 
               Civil Aircraft Outside of the United States

91.701  Applicability.
91.703  Operations of civil aircraft of U.S. registry outside of the 
          United States.
91.705  Operations within the North Atlantic Minimum Navigation 
          Performance Specifications Airspace.
91.707  Flights between Mexico or Canada and the United States.
91.709  Operations to Cuba.
91.711  Special rules for foreign civil aircraft.

[[Page 154]]

91.713  Operation of civil aircraft of Cuban registry.
91.715  Special flight authorizations for foreign civil aircraft.
91.717--91.799  [Reserved]

                    Subpart I--Operating Noise Limits

91.801  Applicability: Relation to part 36.
91.803  Part 125 operators: Designation of applicable regulations.
91.805  Final compliance: Subsonic airplanes.
91.807  Phased compliance under parts 121, 125, and 135: Subsonic 
          airplanes.
91.809  Replacement airplanes.
91.811  Service to small communities exemption: Two-engine, subsonic 
          airplanes.
91.813  Compliance plans and status: U.S. operations of subsonic 
          airplanes.
91.815  Agricultural and fire fighting airplanes: Noise operating 
          limitations.
91.817  Civil aircraft sonic boom.
91.819  Civil supersonic airplanes that do not comply with part 36.
91.821  Civil supersonic airplanes: Noise limits.
91.823--91.849  [Reserved]
91.851  Definitions.
91.853  Final compliance: Civil subsonic airplanes.
91.855  Entry and nonaddition rule.
91.857  Stage 2 operations outside of the 48 contiguous United States, 
          and authorization for maintenance.
91.859  Modification to meet Stage 3 noise levels.
91.861  Base level.
91.863  Transfers of Stage 2 airplanes with base level.
91.865  Phased compliance for operators with base level.
91.867  Phased compliance for new entrants.
91.869  Carry-forward compliance.
91.871  Waivers from interim compliance requirements.
91.873  Waivers from final compliance.
91.875  Annual progress reports.
91.877  Annual reporting of Hawaiian operations.
91.879--91.899  [Reserved]

                           Subpart J--Waivers

91.901  [Reserved]
91.903  Policy and procedures.
91.905  List of rules subject to waivers.
91.907--91.999  [Reserved]

                          Appendices to Part 91

Appendix A to Part 91--Category II Operations: Manual, Instruments, 
          Equipment, and Maintenance
Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec. 91.817)
Appendix C to Part 91--Operations in the North Atlantic (NAT) Minimum 
          Navigation Performance Specifications (MNPS) Airspace
Appendix D to Part 91--Airports/Locations: Special Operating 
          Restrictions
Appendix E to Part 91--Airplane Flight Recorder Specifications
Appendix F to Part 91--Helicopter Flight Recorder Specifications

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 
and 29 of the Convention on International Civil Aviation (61 stat. 
1180).

                  Special Federal Aviation Regulations

           SFAR No. 29-4--Limited IFR Operations of Rotorcraft

    1. Contrary provisions of parts 21, 27, and 29 of the Federal 
Aviation Regulations notwithstanding, an operator of a rotorcraft that 
is not otherwise certificated for IFR operations may conduct an approved 
limited IFR operation in the rotorcraft when--
    (a) FAA approval for the operation has been issued under paragraph 2 
of this SFAR;
    (b) The operator complies with all conditions and limitations 
established by this SFAR and the approval; and
    (c) A copy of the approval and this SFAR are set forth as a 
supplement to the Rotorcraft Flight Manual.
    2. FAA approval for the operation of a rotorcraft in limited IFR 
operations may be issued when the following conditions are met:
    (a) The operation is approved as part of the FAA study of limited 
rotorcraft IFR operations.
    (b) Specific FAA approval has been obtained for the following:
    (i) The rotorcraft (make, model, and serial number).
    (ii) The flightcrew.
    (iii) The procedures to be followed in the operation of the 
rotorcraft under IFR and the equipment that must be operable during such 
operations.
    (c) The conditions and limitations necessary for the safe operation 
of the rotorcraft in limited IFR operations have been established, 
approved, and incorporated into the operating limitations section of the 
Rotorcraft Flight Manual.
    3. An approval issued under paragraph 2 of this Special Federal 
Aviation Regulation and the change to the Rotorcraft Flight Manual 
specified in paragraph 2(c) of this Special Federal Aviation Regulation 
constitute a supplemental type certificate for each rotorcraft approved 
under paragraph 2

[[Page 155]]

of this SFAR. The supplemental type certificate will remain in effect 
until the approval to operate issued under the Special Federal Aviation 
Regulation is surrendered, revoked, or otherwise terminated.
    4. Notwithstanding Sec. 91.167(a)(3) of the Federal Aviation 
Regulations, a person may operate a rotorcraft in a limited IFR 
operation approved under paragraph 2(a) of the Special Federal Aviation 
Regulation with enough fuel to fly, after reaching the alternate 
airport, for not less than 30 minutes, when that period of time has been 
approved.
    5. Expiration.
    (a) New applications for limited IFR rotorcraft operations under 
SFAR No. 29 may be submitted for approval until, but not including, the 
effective date of Amendment No. 1 of the Rotorcraft Regulatory Review 
Program. On and after the effective date of Amendment No. 1 of the 
Rotorcraft Regulatory Review Program, all applicants for certification 
of IFR rotorcraft operations must comply with the applicable provisions 
of the Federal Aviation Regulations.
    (b) This Special Federal Aviation Regulation will terminate when all 
approvals issued under Special Federal Aviation Regulation No. 29 are 
surrendered, revoked, or otherwise terminated.

(Secs. 313(a), 601(a), and 603, Federal Aviation Act of 1958 (49 U.S.C. 
1354(a), 1421(a), and 1423) and section 6(c), Department of 
Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 14237, 48 FR 632, Jan. 6, 1983, as amended by Amdt. 91-211, 54 
FR 34331, Aug. 18, 1989]

SFAR No. 50-2--Special Flight Rules in the Vicinity of the Grand Canyon 
                            National Park, AZ

    Section 1. Applicability. This rule prescribes special operating 
rules for all persons operating aircraft in the following airspace, 
designated as the Grand Canyon National Park Special Flight Rules Area:
    That airspace extending upward from the surface up to but not 
including 14,500 feet MSL within an area bounded by a line beginning at 
lat. 36 deg.09'30'' N., long. 114 deg.03'00'' W.; northeast to lat. 
36 deg.14'00'' N., long. 113 deg.09'50'' W.; thence northeast along the 
boundary of the Grand Canyon National Park to lat. 36 deg.24'47'' N., 
long. 112 deg.52'00'' W.; to lat. 36 deg.30'30'' N., long. 
112 deg.36'15'' W.; to lat. 36 deg.21'30'' N., long. 112 deg.00'00'' W.; 
to lat. 36 deg.35'30'' N., long. 111 deg.53'10'' W.; to lat. 
36 deg.53'00'' N., long. 111 deg.36'45'' W.; to lat. 36 deg.53'00'' N., 
long. 111 deg.33'00'' W.; to lat. 36 deg.19'00'' N., long. 
111 deg.50'50'' W.; to lat. 36 deg.17'00'' N., long. 111 deg.42'00'' W.; 
to lat. 35 deg.59'30'' N., long. 111 deg.42'00'' W.; to lat. 
35 deg.57'30'' N., long. 112 deg.03'55'' W.; thence counterclockwise via 
the 5-statute mile radius of the Grand Canyon Airport reference point 
(lat. 35 deg.57'09'' N., long 112 deg.08'47'' W.) to lat. 35 deg.57'30'' 
N., long. 112 deg.14'00'' W.; to lat 35 deg.57'30'' N., long. 
113 deg.11'00'' W.; to lat. 35 deg.42'30'' N., long. 113 deg.11'00'' W.; 
to lat. 35 deg.38'30'' N., long. 113 deg.27'30'' W.; thence 
counterclockwise via the 5-statute mile radius of the Peach Springs 
VORTAC to lat. 35 deg.41'20'' N., long. 113 deg.36'00'' W.; to lat. 
35 deg.55'25'' N., long 113 deg.49'10'' W.; to lat. 35 deg.57'45'' N., 
long. 113 deg.45'20'' W.; thence northwest along the park boundary to 
lat. 36 deg.02'20'' N., long. 113 deg.50'15'' W.; to lat. 36 deg.00'10'' 
N., long., 113 deg.53'45'' W.; thence to the point of beginning.
    Sec. 2. Definitions. For the purposes of this special regulation:
    Flight Standards District Office means the FAA Flight Standards 
District Office with jurisdiction for the geographical area containing 
the Grand Canyon.
    Park means the Grand Canyon National Park.
    Special Flight Rules Area means the Grand Canyon National Park 
Special Flight Rules Area.
    Sec. 3. Aircraft operations: general. Except in an emergency, no 
person may operate an aircraft in the Special Flight Rules Area under 
VFR on or after September 22, 1988, or under IFR on or after April 6, 
1989, unless the operation--
    (a) Is conducted in accordance with the following procedures:

    Note: THE FOLLOWING PROCEDURES DO NOT RELIEVE THE PILOT FROM SEE-
AND-AVOID RESPONSIBILITY OR COMPLIANCE WITH FAR 91.119.

    (1) Unless necessary to maintain a safe distance from other aircraft 
or terrain--
    (i) Remain clear of the areas described in Section 4; and
    (ii) Remain at or above the following altitudes in each sector of 
the canyon:
    Eastern section from Lees Ferry to North Canyon and North Canyon to 
Boundary Ridge: as prescribed in Section 5.
    Boundary Ridge to Supai Point (Yumtheska Point): 10,000 feet MSL.
    Supai Point to Diamond Creek: 9,000 feet MSL.
    Western section from Diamond Creek to the Grand Wash Cliffs: 8,000 
feet MSL.
    (2) Proceed through the four flight corridors described in Section 4 
at the following altitudes unless otherwise authorized in writing by the 
Flight Standards District Office:

                               Northbound

11,500 or
13,500 feet MSL

                               Southbound

10,500 or
12,500 feet MSL.


[[Page 156]]


    (b) Is authorized in writing by the Flight Standards District Office 
and is conducted in compliance with the conditions contained in that 
authorization. Normally authorization will be granted for operation in 
the areas described in Section 4 or below the altitudes listed in 
Section 5 only for operations of aircraft necessary for law enforcement, 
firefighting, emergency medical treatment/evacuation of persons in the 
vicinity of the Park; for support of Park maintenance or activities; or 
for aerial access to and maintenance of other property located within 
the Special Flight Rules Area. Authorization may be issued on a 
continuing basis.
    (c)(1) Prior to November 1, 1988, is conducted in accordance with a 
specific authorization to operate in that airspace incorporated in the 
operator's part 135 operations specifications in accordance with the 
provisions of SFAR 50-1, notwithstanding the provisions of Sections 4 
and 5; and
    (2) On or after November 1, 1988, is conducted in accordance with a 
specific authorization to operate in that airspace incorporated in the 
operator's operations specifications and approved by the Flight 
Standards District Office in accordance with the provisions of SFAR 50-
2.
    (d) Is a search and rescue mission directed by the U.S. Air Force 
Rescue Coordination Center.
    (e) Is conducted within 3 nautical miles of Whitmore Airstrip, 
Pearce Ferry Airstrip, North Rim Airstrip, Cliff Dwellers Airstrip, or 
Marble Canyon Airstrip at an altitude less than 3,000 feet above airport 
elevation, for the purpose of landing at or taking off from that 
facility. Or
    (f) Is conducted under an IFR clearance and the pilot is acting in 
accordance with ATC instructions. An IFR flight plan may not be filed on 
a route or at an altitude that would require operation in an area 
described in Section 4.
    Sec. 4. Flight-free zones. Except in an emergency or if otherwise 
necessary for safety of flight, or unless otherwise authorized by the 
Flight Standards District Office for a purpose listed in Section 3(b), 
no person may operate an aircraft in the Special Flight Rules Area 
within the following areas:
    (a) Desert View Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 35 deg.59'30'' N., Long. 111 deg.46'20'' W. to 
35 deg.59'30'' N., Long. 111 deg.52'45'' W.; to Lat. 36 deg.04'50'' N., 
Long. 111 deg.52'00'' W.; to Lat. 36 deg.06'00'' N., Long. 
111 deg.46'20'' W.; to the point of origin; but not including the 
airspace at and above 10,500 feet MSL within 1 mile of the western 
boundary of the zone. The area between the Desert View and Bright Angel 
Flight-Free Zones is designated the ``Zuni Point Corridor.''
    (b) Bright Angel Flight-Free Zone. Within an area bounded by a line 
beginning at Lat. 35 deg.59'30'' N., Long. 111 deg.55'30'' W.; to Lat. 
35 deg.59'30'' N., Long. 112 deg.04'00'' W.; thence counterclockwise via 
the 5-statute-mile radius of the Grand Canyon Airport point (Lat. 
35 deg.57'09'' N., Long. 112 deg.08'47'' W.) to Lat. 36 deg.01'30'' N., 
Long. 112 deg.11'00'' W.; to Lat. 36 deg.06'15'' N., Long. 
112 deg.12'50'' W.; to Lat. 36 deg.14'40'' N., Long. 112 deg.08'50'' W.; 
to Lat. 36 deg.14'40'' N., Long. 111 deg.57'30'' W.; to Lat. 
36 deg.12'30'' N., Long. 111 deg.53'50'' W.; to the point of origin; but 
not including the airspace at and above 10,500 feet MSL within 1 mile of 
the eastern boundary between the southern boundary and Lat. 
36 deg.04'50'' N. or the airspace at and above 10,500 feet MSL within 2 
miles of the northwest boundary. The area bounded by the Bright Angel 
and Shinumo Flight-Free Zones is designated the ``Dragon Corridor.''
    (c) Shinumo Flight-Free Zone. Within an area bounded by a line 
beginning at lat. 36 deg.04'00'' N., long. 112 deg.16'40'' W.; northwest 
along the park boundary to a point at lat. 36 deg.12'47'' N., long. 
112 deg.30'53'' W.; to lat. 36 deg.21'15'' N., long. 112 deg.20'20'' W.; 
east along the park boundary to lat. 36 deg.21'15'' N., long. 
112 deg.13'55'' W.; to lat. 36 deg.14'40'' N., long. 112 deg.11'25'' W.; 
to the point of origin. The area between the Thunder River/Toroweap and 
Shinumo Flight-Free Zones is designated the ``Fossil Canyon Corridor.''
    (d) Toroweap/Thunder River Flight-Free Zone. Within an area bounded 
by a line beginning at lat. 36 deg.22'45'' N., long. 112 deg.20'35'' W.; 
thence northwest along the boundary of the Grand Canyon National Park to 
lat. 36 deg.17'48'' N., long. 113 deg.03'15'' W.; to lat. 36 deg.15'00'' 
N., long. 113 deg.07'10'' W.; to lat. 36 deg.10'30'' N., long. 
113 deg.07'10'' W.; thence east along the Colorado River to the 
confluence of Havasu Canyon (lat. 36 deg.18'40'' N., long. 
112 deg.45'45'' W.;) including that area within a 1.5-nautical-mile 
radius of Toroweap Overlook (lat. 36 deg.12'45'' N., long. 
113 deg.03'30'' W.) to the point of origin; but not including the 
following airspace designated as the ``Tuckup Corridor'': at or above 
10,500 feet MSL within 2 nautical miles either side of a line extending 
between lat. 36 deg.24'47'' N., long. 112 deg.48'50'' W.; and lat. 
36 deg.17'10'' N., long. 112 deg.48'50'' W.; to the point of origin.
    Sec. 5. Minimum flight altitudes. Except in an emergency or if 
otherwise necessary for safety of flight, or unless otherwise authorized 
by the Flight Standards District Office for a purpose listed in Section 
3(b), no person may operate an aircraft in the Special Flight Rules Area 
at an altitude lower than the following:
    (a) Eastern section from Lees Ferry to North Canyon: 5,000 feet MSL.
    (b) Eastern section from North Canyon to Boundary Ridge: 6,000 feet 
MSL.
    (c) Boundary Ridge to Supai (Yumtheska) Point: 7,500 feet MSL.
    (d) Supai Point to Diamond Creek: 6,500 feet MSL.
    (e) Western section from Diamond Creek to the Grand Wash Cliffs: 
5,000 feet MSL.

[[Page 157]]

    Sec. 6 Commercial sightseeing flights. (a) Non-stop sightseeing 
flights that begin and end at the same airport, are conducted within a 
25-statute-mile radius of that airport, and operate in or through the 
Special Flight Rules Area during any portion of the flight are governed 
by the provisions of SFAR 38-2 of part 119, part 121, and 135 of this 
chapter, as applicable.
    (b) No person holding or required to hold an air carrier certificate 
or an operating certificate under SFAR 38-2 or part 119 of this chapter 
may operate an aircraft having a passenger-seat configuration of 30 
seats or fewer, excluding each crewmember seat, and a payload capacity 
of 7,500 pounds or less, in the Special Flight Rules Area except as 
authorized by operations specifications issued under that part.
    Sec. 7. Minimum terrain clearance. Except in an emergency, when 
necessary for takeoff or landing, or unless authorized by the Flight 
Standards District Office for a purpose listed in Section 3(b), no 
person may operate an aircraft within 500 feet of any terrain or 
structure located between the north and south rims of the Grand Canyon.
    Sec. 8. Communications. Except when in contact with the Grand Canyon 
National Park Airport Traffic Control Tower during arrival or departure 
or on a search and rescue mission directed by the U.S. Air Force Rescue 
Coordination Center, no person may operate an aircraft in the Special 
Flight Rules Area unless he monitors the appropriate frequency 
continuously while in that airspace.
    Sec. 9. Termination date. This Special Federal Aviation Regulation 
expires on June 15, 1997.

[[Page 158]]

[GRAPHIC] [TIFF OMITTED] TC26SE91.000



[SFAR 50-2, 53 FR 20273, June 2, 1988; 53 FR 21988, June 13, 1988; 53 FR 
32603, Aug. 26, 1988, as amended at 53 FR 36947, Sept. 22, 1988; 54 FR 
11927, Mar. 22, 1989; 54 FR 34331, Aug. 18, 1989; 55 FR 13445, Apr. 10, 
1990; 55 FR 15320, Apr. 23, 1990; 57 FR 26766, June 15, 1992; 60 FR 
31610, June 15, 1995; 60 FR 65913, Dec. 20, 1995]

[[Page 159]]

    Effective Date Note: By Amdt. 91-253, 61 FR 69330, Dec. 31, 1996, 
Special Federal Aviation Regulation 50-2 is removed, effective May 1, 
1997.

   SFAR No. 51-1--Special Flight Rules in the Vicinity of Los Angeles 
                          International Airport

    Section 1. Applicability: This rule establishes a special operating 
area for persons operating aircraft under visual flight rules (VFR) in 
the following airspace of the Los Angeles Class B airspace area 
designated as the Los Angeles Special Flight Rules Area: * * *
    That part of Area A of the Los Angeles TCA between 3,500 feet above 
mean sea level (MSL) and 4,500 feet MSL, inclusive, bounded on the north 
by Ballona Creek, on the east by the San Diego Freeway, on the south by 
Imperial Highway, and on the west by the Pacific Ocean shoreline.
    Section 2. Aircraft operations, general. Unless otherwise authorized 
by the Administrator, no person may operate an aircraft in the airspace 
described in Section 1 unless the operation is conducted under the 
following rules.
    a. The flight must be conducted under VFR and only when operation 
may be conducted in compliance with Sec. 91.155(a).
    b. The aircraft must be equipped as specified in FAR 91.215(b) 
replying on Code 1201 prior to entering and while operating in this 
area.
    c. The pilot shall have a current Los Angeles Terminal Area Chart in 
the aircraft.
    d. The pilot shall operate on the Santa Monica very high frequency 
omni-directional radio range (VOR) 132 deg. radial.
    e. Operations in a southeasterly direction shall be in level flight 
at 3,500 feet MSL.
    f. Operations in a northwesterly direction shall be in level flight 
at 4,500 feet MSL.
    g. Indicated airspeed shall not exceed 140 knots.
    h. Anticollision lights and aircraft position/navigation lights 
shall be on. Use of landing lights is recommended.
    i. Turbojet aircraft are prohibited from VFR operations in this area
    Section 3. Notwithstanding the provisions of Sec. 91.131(a), an air 
traffic control authorization is not required in the Los Angeles Special 
Flight Rules Area for operations in compliance with section 2 of this 
SFAR. All other provisions of Sec. 91.131 apply to operate in the 
Special Flight Rules Area.

    Authority: 49 U.S.C. app. 1303, 1348, 1354(a), 1421, and 1422; 49 
U.S.C. 106(g).

[Doc. No. 87-AWA-31, SFAR 51-1, 53 FR 3812, Feb. 9, 1988, as amended by 
Amdt. 91-227, 56 FR 65652, Dec. 17, 1991]

 Special Federal Aviation Regulation No. 60--Air Traffic Control System 
                           Emergency Operation

    1. Each person shall, before conducting any operation under the 
Federal Aviation Regulations (14 CFR chapter I), be familiar with all 
available information concerning that operation, including Notices to 
Airmen issued under Sec. 91.139 and, when activated, the provisions of 
the National Air Traffic Reduced Complement Operations Plan available 
for inspection at operating air traffic facilities and Regional air 
traffic division offices, and the General Aviation Reservation Program. 
No operator may change the designated airport of intended operation for 
any flight contained in the October 1, 1990, OAG.
    2. Notwithstanding any provision of the Federal Aviation Regulations 
to the contrary, no person may operate an aircraft in the Air Traffic 
Control System:
    a. Contrary to any restriction, prohibition, procedure or other 
action taken by the Director of the Office of Air Traffic Systems 
Management (Director) pursuant to paragraph 3 of this regulation and 
announced in a Notice to Airmen pursuant to Sec. 91.139 of the Federal 
Aviation Regulations.
    b. When the National Air Traffic Reduced Complement Operations Plan 
is activated pursuant to paragraph 4 of this regulation, except in 
accordance with the pertinent provisions of the National Air Traffic 
Reduced Complement Operations Plan.
    3. Prior to or in connection with the implementation of the RCOP, 
and as conditions warrant, the Director is authorized to:
    a. Restrict, prohibit, or permit VFR and/or IFR operations at any 
airport, Class B airspace area, Class C airspace area, or other class of 
controlled airspace.
    b. Give priority at any airport to flights that are of military 
necessity, or are medical emergency flights, Presidential flights, and 
flights transporting critical Government employees.
    c. Implement, at any airport, traffic management procedures, that 
may include reduction of flight operations. Reduction of flight 
operations will be accomplished, to the extent practical, on a pro rata 
basis among and between air carrier, commercial operator, and general 
aviation operations. Flights cancelled under this SFAR at a high density 
traffic airport will be considered to have been operated for purposes of 
part 93 of the Federal Aviation Regulations.
    4. The Director may activate the National Air Traffic Reduced 
Complement Operations Plan at any time he finds that it is necessary for 
the safety and efficiency of the National Airspace System. Upon 
activation of the RCOP and notwithstanding any provision of the FAR to 
the contrary, the Director is authorized to suspend or modify any 
airspace designation.

[[Page 160]]

    5. Notice of restrictions, prohibitions, procedures and other 
actions taken by the Director under this regulation with respect to the 
operation of the Air Traffic Control system will be announced in Notices 
to Airmen issued pursuant to Sec. 91.139 of the Federal Aviation 
Regulations.
    6. The Director may delegate his authority under this regulation to 
the extent he considers necessary for the safe and efficient operation 
of the National Air Traffic Control System.

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 
through 2125; articles 12, 29, 31, and 32(a) of the Convention on 
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; 
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 
106(g).

[Doc. No. 26351, 55 FR 40760, Oct. 4, 1990, as amended by Amdt. 91-227, 
56 FR 65652, Dec. 17, 1991]

   Special Federal Aviation Regulation No. 61-2--Prohibition Against 
           Certain Flights Between the United States and Iraq

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 61-2 applies to all aircraft operations originating from, landing 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 61-2--
    (a) No person shall operate an aircraft on a flight to any point in 
Iraq, or to any intermediate point on a flight where the ultimate 
destination is any point in Iraq or that includes a landing at any point 
in Iraq in its intended itinerary, from any point in the United States;
    (b) No person shall operate an aircraft on a flight to any point in 
the United States from any point in Iraq, or from any intermediate point 
on a flight where the origin is in Iraq, or from any point on a flight 
which includes a departure from any point in Iraq in its intended 
itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Iraq.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Iraq described in section 2 of 
this SFAR by an aircraft authorized to conduct such operations by the 
United States Government in consultation with the committee established 
by UN Security Council Resolution 661 (1990), and in accordance with UN 
Security Council Resolution 666 (1990).
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations or the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefore.
    5. Duration. This SFAR No. 61-2 shall remain in effect until further 
notice.

[Doc. No. 26380, 60 FR 49139, Sept. 21, 1995]

   Special Federal Aviation Regulation No. 62--Suspension of Certain 
    Aircraft Operations from the Transponder with Automatic Pressure 
                Altitude Reporting Capability Requirement

    Section 1. For purposes of this SFAR:
    (a) The airspace within 30 nautical miles of a Class B airspace area 
primary airport, from the surface upward to 10,000 feet MSL, excluding 
the airspace designated as a Class B airspace area is referred to as the 
Mode C veil.
    (b) Effective until December 30, 1993, the transponder with 
automatic altitude reporting capability requirements of FAR 
Sec. 91.215(b)(2) do not apply to the operation of an aircraft:
    (1) In the airspace at or below the specified altitude and within a 
2-nautical-mile radius, or, if directed by ATC, within a 5-nautical mile 
radius, of an airport listed in section 2 of this SFAR; and
    (2) In the airspace at or below the specified altitude along the 
most direct and expeditious routing, or on a routing directed by ATC, 
between an airport listed in section 2 of this SFAR and the outer 
boundary of the Mode C veil airspace overlying that airport, consistent 
with established traffic patterns, noise abatement procedures, and 
safety.
    Section 2. Effective until December 30, 1993. Airports at which the 
provisions of Sec. 91.215(b)(2) do not apply.
    (1) Airports within a 30-nautical-mile radius of The William B. 
Hartsfield Atlanta International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Air Acres Airport, Woodstock, GA.......  5GA4                      1,500
B & L Strip Airport, Hollonville, GA...  GA29                      1,500
Camfield Airport, McDonough, GA........  GA36                      1,500

[[Page 161]]

                                                                        
Cobb County-McCollum Field Airport,      RYY                       1,500
 Marietta, GA.                                                          
Covington Municipal Airport, Covington,  9A1                       1,500
 GA.                                                                    
Diamond R Ranch Airport, Villa Rica, GA  3GA5                      1,500
Dresden Airport, Newnan, GA............  GA79                      1,500
Eagles Landing Airport, Williamson, GA.  5GA3                      1,500
Fagundes Field Airport, Haralson, GA...  6GA1                      1,500
Gable Branch Airport, Haralson, GA.....  5GA0                      1,500
Georgia Lite Flite Ultralight Airport,   31GA                      1,500
 Acworth, GA.                                                           
Griffin-Spalding County Airport,         6A2                       1,500
 Griffin, GA.                                                           
Howard Private Airport, Jackson, GA....  GA02                      1,500
Newnan Coweta County Airport, Newnan,    CCO                       1,500
 GA.                                                                    
Peach State Airport, Williamson, GA....  3GA7                      1,500
Poole Farm Airport, Oxford, GA.........  2GA1                      1,500
Powers Airport, Hollonville, GA........  GA31                      1,500
S & S Landing Strip Airport, Griffin,    8GA6                      1,500
 GA.                                                                    
Shade Tree Airport, Hollonville, GA....  GA73                      1,500
------------------------------------------------------------------------

    (2) Airports within a 30-nautical-mile radius of the General Edward 
Lawrence Logan International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Berlin Landing Area Airport, Berlin, MA  MA19                      2,500
Hopedale Industrial Park Airport,        1B6                       2,500
 Hopedale, MA.                                                          
Larson's SPB, Tyngsboro, MA............  MA74                      2,500
Moore AAF, Ayer/Fort Devens, MA........  AYE                       2,500
New England Gliderport, Salem, NH......  NH29                      2,500
Plum Island Airport, Newburyport, MA...  2B2                       2,500
Plymouth Municipal Airport, Plymouth,    PYM                       2,500
 MA.                                                                    
Taunton Municipal Airport, Taunton, MA.  TAN                       2,500
Unknown Field Airport, Southborough, MA  1MA5                      2,500
------------------------------------------------------------------------

    (3) Airports within a 30-nautical-mile radius of the Charlotte/
Douglas International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Arant Airport, Wingate, NC.............  1NC6                      2,500
Bradley Outernational Airport, China     NC29                      2,500
 Grove, NC.                                                             
Chester Municipal Airport, Chester, SC.  9A6                       2,500
China Grove Airport, China Grove, NC...  76A                       2,500
Goodnight's Airport, Kannapolis, NC....  2NC8                      2,500
Knapp Airport, Marshville, NC..........  3NC4                      2,500
Lake Norman Airport, Mooresville, NC...  14A                       2,500
Lancaster County Airport, Lancaster, SC  LKR                       2,500
Little Mountain Airport, Denver, NC....  66A                       2,500
Long Island Airport, Long Island, NC...  NC26                      2,500
Miller Airport, Mooresville, NC........  8A2                       2,500
U S Heliport, Wingate, NC..............  NC56                      2,500
Unity Aerodrome Airport, Lancaster, SC.  SC76                      2,500
Wilhelm Airport, Kannapolis, NC........  6NC2                      2,500
------------------------------------------------------------------------

    (4) Airports within a 30-nautical-mile radius of the Chicago-O'Hara 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Aurora Municipal Airport, Chicago/       ARR                       1,200
 Aurora, IL.                                                            
Donald Alfred Gade Airport, Antioch, IL  IL11                      1,200
Dr. Joseph W. Esser Airport, Hampshire,  7IL6                      1,200
 IL.                                                                    
Flying M. Farm Airport, Aurora, IL.....  IL20                      1,200
Fox Lake SPB, Fox Lake, IL.............  IS03                      1,200
Graham SPB, Crystal Lake, IL...........  IS79                      1,200
Herbert C. Mass Airport, Zion, IL......  IL02                      1,200
Landings Condominium Airport,            C49                       1,200
 Romeoville, IL.                                                        
Lewis University Airport, Romeoville,    LOT                       1,200
 IL.                                                                    
McHenry Farms Airport, McHenry, IL.....  44IL                      1,200
Olson Airport, Plato Center, IL........  LL53                      1,200
Redeker Airport, Milford, IL...........  IL85                      1,200
Reid RLA Airport, Gilberts, IL.........  6IL6                      1,200
Shamrock Beef Cattle Farm Airport,       49LL                      1,200
 McHenry, IL.                                                           
Sky Soaring Airport, Union, IL.........  55LL                      1,200
Waukegan Regional Airport, Waukegan, IL  UGN                       1,200
Wormley Airport, Oswego, IL............  85LL                      1,200
------------------------------------------------------------------------

    (5) Airports within a 30-nautical-mile radius of the Cleveland-
Hopkins International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Akron Fulton, International Airport,     AKR                       1,300
 Akron, OH.                                                             
Bucks Airport, Newbury, OH.............  40OH                      1,300
Derecsky Airport, Auburn Center, OH....  6OI0                      1,300
Hannum Airport, Streetsboro, OH........  69OH                      1,300
Kent State University Airport, Kent, OH  1G3                       1,300
Lost Nation Airport, Willoughby, OH....  LNN                       1,300
Mills Airport, Mantua, OH..............  OH06                      1,300
Portage County Airport, Ravenna, OH....  29G                       1,300
Stoney's Airport, Ravenna, OH..........  OI32                      1,300
Wasdworth Municipal, Airport,            3G3                       1,300
 Wadsworth, OH.                                                         
------------------------------------------------------------------------

    (6) Airports within a 30-nautical-mile radius of the Dallas/Fort 
Worth International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Beggs Ranch/Aledo Airport, Aledo, TX...  TX15                      1,800
Belcher Airport, Sanger, TX............  TA25                      1,800
Bird Dog Field Airport, Krum, TX.......  TA48                      1,800
Boe-Wrinkle Airport, Azle, TX..........  28TS                      1,800
Flying V Airport, Sanger, TX...........  71XS                      1,800

[[Page 162]]

                                                                        
Graham Ranch Airport, Celina, TX.......  TX44                      1,800
Haire Airport, Bolivar, TX.............  TX33                      1,800
Hartlee Field Airport, Denton, TX......  1F3                       1,800
Hawkin's Ranch Strip Airport, Rhome, TX  TA02                      1,800
Horseshoe Lake Airport, Sanger, TX.....  TE24                      1,800
Ironhead Airport, Sanger, TX...........  T58                       1,800
Kezer Air Ranch Airport, Springtown, TX  61F                       1,800
Lane Field Airport, Sanger, TX.........  58F                       1,800
Log Cabin Airport, Aledo, TX...........  TX16                      1,800
Lone Star Airpark Airport, Denton, TX..  T32                       1,800
Rhome Meadows Airport, Rhome, TX.......  TS72                      1,800
Richards Airport, Krum, TX.............  TA47                      1,800
Tallows Field Airport, Celina, TX......  79TS                      1,800
Triple S Airport, Aledo, TX............  42XS                      1,800
Warshun Ranch Airport, Denton, TX......  4TA1                      1,800
Windy Hill Airport, Denton, TX.........  46XS                      1,800
Aero Country Airport, McKinney, TX.....  TX05                      1,400
Bailey Airport, Midlothian, TX.........  7TX8                      1,400
Bransom Farm Airport, Burleson, TX.....  TX42                      1,400
Carroll Air Park Airport, De Soto, TX..  F66                       1,400
Carroll Lake-View Airport, Venus, TX...  70TS                      1,400
Eagle's Nest Estates Airport, Ovilla,    2T36                      1,400
 TX.                                                                    
Flying B Ranch Airport, Ovilla, TX.....  TS71                      1,400
Lancaster Airport, Lancaster, TX.......  LNC                       1,400
Lewis Farm Airport, Lucas, TX..........  6TX1                      1,400
Markum Ranch Airport, Fort Worth, TX...  TX79                      1,400
McKinney Municipal Airport, McKinney,    TKI                       1,400
 TX.                                                                    
O'Brien Airpark Airport, Waxahachie, TX  F25                       1,400
Phil L. Hudson Municipal Airport,        HQZ                       1,400
 Mesquite, TX.                                                          
Plover Heliport, Crowley, TX...........  82Q                       1,400
Venus Airport, Venus, TX...............  75TS                      1,400
------------------------------------------------------------------------

    (7) Airports within a 30-nautical-mile radius of the Denver 
International Airport.

------------------------------------------------------------------------
                                                                   Alt. 
              Airport name                       Arpt ID          (AGL) 
------------------------------------------------------------------------
Air Dusters Inc., Airport, Roggen, CO...  49CO                     1,200
Bijou Basin Airport, Byers, CO..........  CD17                     1,200
Boulder Municipal Airport, Boulder, CO..  1V5                      1,200
Bowen Farms No. 1 Airport, Littleton, CO  CO98                     1,200
Bowen Farms No. 2 Airport, Strasburg, CO  3CO5                     1,200
Carrera Airpark Airport, Mead, CO.......  93CO                     1,200
Cartwheel Airport, Mead, CO.............  0CO8                     1,200
Chaparral Airport, Byers, CO............  CO18                     1,200
Colorado Antique Field Airport, Niwot,    8CO7                     1,200
 CO.                                                                    
Comanche Livestock Airport, Strasburg,    59CO                     1,200
 CO.                                                                    
Dead Stick Ranch Airport, Kiowa, CO.....  18CO                     1,200
Frederick-Firestone Air Strip Airport,    CO58                     1,200
 Frederick, CO.                                                         
Frontier Airstrip Airport, Mead, CO.....  84CO                     1,200
Horseshoe Landings Airport, Keenesburg,   CO60                     1,200
 CO.                                                                    
Hoy Airstrip Airport, Bennett, CO.......  76CO                     1,200
J & S Airport, Bennett, CO..............  CD14                     1,200
Kostroski Airport, Franktown, CO........  43CO                     1,200
Kugel-Strong Airport, Platteville, CO...  27V                      1,200
Land Airport, Keenesburg, CO............  CO82                     1,200
Lemons Private Strip Airport, Boulder,    CO10                     1,200
 CO.                                                                    
Lindys Airpark Airport, Hudson, CO......  7CO3                     1,200
Parkland Airport, Erie, CO..............  7CO0                     1,200
Pine View Airport, Elizabeth, CO........  02V                      1,200
Platte Valley Airport, Hudson, CO.......  18V                      1,200
Rancho De Aereo Airport, Mead, CO.......  05CO                     1,200
Reid Ranches Airport, Roggen, CO........  7CO6                     1,200
Singleton Ranch Airport, Byers, CO......  68CO                     1,200
Sky Haven Airport, Byers, CO............  CO17                     1,200
Spickard Farm Airport, Byers, CO........  5CO4                     1,200
Tri-County Airport, Erie, CO............  48V                      1,200
Westberg-Rosling Farms Airport, Roggen,   74CO                     1,200
 CO.                                                                    
Yoder Airstrip Airport, Bennett, CO.....  CD09                     1,200
------------------------------------------------------------------------

    (8) Airports within a 30-nautical-mile radius of the Detroit 
Metropolitan Wayne County Airport.

------------------------------------------------------------------------
                                                                   Alt. 
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Al Meyers Airport, Tecumseh, MI........  3TE                       1,400
Brighton Airport, Brighton, MI.........  45G                       1,400
Cackleberry Airport, Dexter, MI........  2MI9                      1,400
Erie Aerodome Airport, Erie, MI........  05MI                      1,400
Ham-A-Lot Field Airport, Petersburg, MI  MI48                      1,400
Merillat Airport, Tecumseh, MI.........  34G                       1,400
Rossettie Airport, Manchester, MI......  75G                       1,400
Tecumseh Products Airport, Tecumseh, MI  0D2                       1,400
------------------------------------------------------------------------

    (9) Airport within a 30-nautical-mile radius of the Honolulu 
International Airport.

------------------------------------------------------------------------
                                                                   Alt. 
              Aiport name                       Arpt ID           (AGL) 
------------------------------------------------------------------------
Dillingham Airfield Airport, Mokuleia,   HDH                       2,500
 HI.                                                                    
------------------------------------------------------------------------

    (10) Airports within a 30-nautical-mile radius of the Houston 
Intercontinental Airport and the William P. Hobby Airport.

------------------------------------------------------------------------
                                                                   Alt. 
               Airport name                      Arpt. ID         (AGL) 
------------------------------------------------------------------------
Ainsworth Airport, Cleveland, TX.........  OT6                     1,200
Ausinia Ranch Airport, Texas City, TX....  TS50                    1,200
Bailes Airport, Angleton, TX.............  7R9                     1,200
Biggin Hill Airport, Hockley, TX.........  TX49                    1,200
Cleveland Municipal Airport, Cleveland,    6R3                     1,200
 TX.                                                                    
Covey Trails Airport, Fulshear, TX.......  80XS                    1,200
Creasy Airport, Santa Fe, TX.............  5TA5                    1,200
Custom Aire Service Airport, Angleton, TX  81D                     1,200
Fay Ranch Airport, Cedar Lane, TX........  OT2                     1,200
Flying C Ranch Airport, Needville, TX....  XS25                    1,200
Freeman Property Airport, Katy, TX.......  61T                     1,200
Garrett Ranch Airport, Danbury, TX.......  77XS                    1,200
Gum Island Airport, Dayton, TX...........  3T6                     1,200
H & S Airfield Airport, Damon, TX........  XS21                    1,200
Harbican Airpark Airport, Katy, TX.......  9XS9                    1,200
Harold Freeman Farm Airport, Katy, TX....  8XS1                    1,200
HHI Hitchcock Heliport, Hitchcock, TX....  6TA5                    1,200
Hoffpauir Airport, Katy, TX..............  59T                     1,200
Horn-Katy Hawk International Airport,      57T                     1,200
 Katy, TX.                                                              

[[Page 163]]

                                                                        
Johnnie Volk Field Airport, Hitchcock, TX  37R                     1,200
King Air Airport, Katy, TX...............  55T                     1,200
Lake Bay Gall Airport, Cleveland, TX.....  OT5                     1,200
Lake Bonanza Airport, Montgomery, TX.....  33TA                    1,200
Lane Airpark Airport, Rosenberg, TX......  T54                     1,200
Meyer Field Airport, Rosharon, TX........  TA33                    1,200
Prairie Aire Field Airport, Damon, TX....  4TA0                    1,200
R W J Airpark Airport, Baytown, TX.......  54TX                    1,200
Westheimer Air Park Airport, Houston, TX.  5TA4                    1,200
------------------------------------------------------------------------

    (11) Airports within a 30-nautical-mile radius of the Kansas City 
International Airport.

------------------------------------------------------------------------
                                                                   Alt. 
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Amelia Earhart Airport, Atchison, KS...  K59                       1,000
Booze Island Airport, St. Joseph, MO...  64MO                      1,000
Cedar Air Park Airport, Olathe, KS.....  51K                       1,000
D'Field Airport, McLouth, KS...........  KS90                      1,000
Dorei Airport, McLouth, KS.............  K69                       1,000
East Kansas City Airport, Grain Valley,  3GV                       1,000
 MO.                                                                    
Excelsior Springs Memorial Airport,      3EX                       1,000
 Excelsior Springs, MO.                                                 
Flying T Airport Oskaloosa, KS.........  7KS0                      1,000
Hermon Farm Airport, Gardner, KS.......  KS59                      1,000
Hillside Airport, Stilwell, KS.........  63K                       1,000
Independence Memorial Airport,           3IP                       1,000
 Independence, MO.                                                      
Johnson County Executive Airport,        OJC                       1,000
 Olathe, KS.                                                            
Johnson County Industrial Airport,       IXD                       1,000
 Olathe, KS.                                                            
Kimray Airport, Plattsburg, MO.........  7MO7                      1,000
Lawrence Municipal Airport, Lawrence,    LWC                       1,000
 KS.                                                                    
Martins Airport, Lawson, MO............  21MO                      1,000
Mayes Homestead Airport, Polo, MO......  37MO                      1,000
McComas-Lee's Summit Municipal Airport,  K84                       1,000
 Lee's Summit, MO.                                                      
Mission Road Airport, Stilwell, KS.....  64K                       1,000
Northwood Airport, Holt, MO............  2MO2                      1,000
Plattsburg Airpark, Airport,             MO28                      1,000
 Plattsburg, MO.                                                        
Richards-Gebaur Airport, Kansas City,    GVW                       1,000
 MO.                                                                    
Rosecrans Memorial Airport, St. Jospeh,  STJ                       1,000
 MO.                                                                    
Runway Ranch Airport, Kansas City, MO..  2MO9                      1,000
Sheller's Airport, Tonganoxide, KS.....  11KS                      1,000
Shomin Airport, Oskaloosa, KS..........  0KS1                      1,000
Stonehenge Airport, Williams-town, KS..  71KS                      1,000
Threshing Bee Airport, McLouth, KS.....  41K                       1,000
------------------------------------------------------------------------

    (12) Airport within a 30-nautical-mile radius of the McCarran 
International Airport.

------------------------------------------------------------------------
                                                                   Alt. 
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Sky Ranch Estates Airport, Sandy         3L2                       2,500
 Valley, NV.                                                            
------------------------------------------------------------------------

    (13) Airports within a 30-nautical-mile radius of the Memphis 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bernard Manor Airport, Earle, AR.......  M65                       2,500
Holly Springs-Marshall County Airport,   M41                       2,500
 Holly Springs, MS.                                                     
McNeely Airport, Earle, AR.............  M63                       2,500
Price Field Airport, Joiner, AR........  80M                       2,500
Tucker Field Airport, Hughes, AR.......  78M                       2,500
Tunica Airport, Tunica, MS.............  30M                       2,500
Tunica Municipal Airport, Tunica, MS...  M97                       2,500
------------------------------------------------------------------------

    (14) Airports within a 30-nautical-mile radius of the Minneapolis-
St. Paul International Wold-Chamberlain Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Belle Plaine Airport, Belle Plaine, MN.  7Y7                       1,200
Carleton Airport, Stanton, MN..........  SYN                       1,200
Empire Farm Strip Airport, Bongards, MN  MN15                      1,200
Flying M Ranch Airport, Roberts, WI....  78WI                      1,200
Johnson Airport, Rockford, MN..........  MY86                      1,200
River Falls Airport, River Falls, WI...  Y53                       1,200
Rusmar Farms Airport, Roberts, WI......  WS41                      1,200
Waldref SPB, Forest Lake, MN...........  9Y6                       1,200
Ziermann Airport, Mayer, MN............  MN71                      1,200
------------------------------------------------------------------------

    (15) Airports within a 30-nautical-mile radius of the New Orleans 
International/Moisant Field Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bollinger SPB, Larose, LA..............  L38                       1,500
Clovelly Airport, Cut Off, LA..........  LA09                      1,500
------------------------------------------------------------------------

    (16) Airports within a 30-nautical-mile radius of the John F. 
Kennedy International Airport, the La Guardia Airport, and the Newark 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Allaire Airport, Belmar/Farmingdale, NJ  BLM                       2,000
Cuddihy Landing Strip Airport,           NJ60                      2,000
 Freehold, NJ.                                                          
Ekdahl Airport, Freehold, NJ...........  NJ59                      2,000
Fla-Net Airport, Netcong, NJ...........  ONJ5                      2,000
Forrestal Airport, Princeton, NJ.......  N21                       2,000
Greenwood Lake Airport, West Milford,    4N1                       2,000
 NJ.                                                                    
Greenwood Lake SPB, West Milford, NJ...  6NJ7                      2,000
Lance Airport, Whitehouse Station, NJ..  6NJ8                      2,000
Mar Bar L Farms, Englishtown, NJ.......  NJ46                      2,000
Peekskill SPB, Peekskill, NY...........  7N2                       2,000
Peters Airport, Somerville, NJ.........  4NJ8                      2,000
Princeton Airport, Princeton/Rocky       39N                       2,000
 Hill, NJ.                                                              
Solberg-Hunterdon Airport, Readington,   N51                       2,000
 NJ.                                                                    
------------------------------------------------------------------------

    (17) Airports within a 30-nautical-mile radius of the Orlando 
International Airport.

[[Page 164]]



------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Arthur Dunn Air Park Airport,            X21                       1,400
 Titusville, FL.                                                        
Space Center Executive Airport,          TIX                       1,400
 Titusville, FL.                                                        
------------------------------------------------------------------------

    (18) Airports within a 30-nautical-mile radius of the Philadelphia 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Ginns Airport, West Grove, PA..........  78N                       1,000
Hammonton Municipal Airport, Hammonton,  N81                       1,000
 NJ.                                                                    
Li Calzi Airport, Bridgeton, NJ........  N50                       1,000
New London Airport, New London, PA.....  N01                       1,000
Wide Sky Airpark Airport, Bridgeton, NJ  N39                       1,000
------------------------------------------------------------------------

    (19) Airports within a 30-nautical-mile radius of the Phoenix Sky 
Harbor International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Ak Chin Community Airfield Airport,      E31                       2,500
 Maricopa, AZ.                                                          
Boulais Ranch Airport, Maricopa, AZ....  9E7                       2,500
Estrella Sailport, Maricopa, AZ........  E68                       2,500
Hidden Valley Ranch Airport, Maricopa,   AZ17                      2,500
 AZ.                                                                    
Millar Airport, Maricopa, AZ...........  2AZ4                      2,500
Pleasant Valley Airport, New River, AZ.  AZ05                      2,500
Serene Field Airport, Maricopa, AZ.....  AZ31                     2,500b
Sky Ranch Carefree Airport, Carefree,    E18                       2,500
 AZ.                                                                    
Sycamore Creek Airport, Fountain Hills,  0AS0                      2,500
 AZ.                                                                    
University of Arizona, Maricopa          3AZ2                      2,500
 Agricultural Center Airport, Maricopa,                                 
 AZ.                                                                    
------------------------------------------------------------------------

    (20) Airports within a 30-nautical-mile radius of the Lambert/St. 
Louis International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Blackhawk Airport, Old Monroe, MO......  6MO0                      1,000
Lebert Flying L Airport, Lebanon, MO...  3H5                       1,000
Shafer Metro East Airport, St. Jacob,    3K6                       1,000
 IL.                                                                    
Sloan's Airport, Elsberry, MO..........  0MO8                      1,000
Wentzville Airport, Wentzville, MO.....  MO50                      1,000
Woodliff Airpark Airport, Foristell, MO  98MO                      1,000
------------------------------------------------------------------------

    (21) Airports within a 30-nautical-mile radius of the Salt Lake City 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Bolinder Field-Tooele Valley Airport,    TVY                       2,500
 Tooele, UT.                                                            
Cedar Valley Airport, Cedar Fort, UT...  UT10                      2,500
Morgan County Airport, Morgan, UT......  42U                       2,500
Tooele Municipal Airport, Tooele, UT...  U26                       2,500
------------------------------------------------------------------------

    (22) Airports within a 30-nautical-mile radius of the Seattle-Tacoma 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Firstair Field Airport, Monroe, WA.....  WA38                      1,500
Gower Field Airport, Olympia, WA.......  6WAZ                      1,500
Harvey Field Airport, Snohomish, WA....  S43                       1,500
------------------------------------------------------------------------

    (23) Airports within a 30-nautical-mile radius of the Tampa 
International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Hernando County Airport, Brooksville,    BKV                       1,500
 FL.                                                                    
Lakeland Municipal Airport, Lakeland,    LAL                       1,500
 FL.                                                                    
Zephyrhills Municipal Airport,           ZPH                       1,500
 Zephyrhills, FL.                                                       
------------------------------------------------------------------------

    (24) Effective until the establishment of the Washington Tri-Area 
Class B airspace area or December 30, 1993, whichever occurs first: 
Airports within a 30-nautical-mile radius of the Washington National 
Airport and Andrews Air Force Base Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Barnes Airport, Lisbon, MD.............  MD47                      2,000
Bay Bridge Airport, Stevensville, MD...  W29                       2,000
Castle Marina Airport, Chester, MD.....  0W6                       2,000
Davis Airport, Laytonsville, MD........  W50                       2,000
Fremont Airport, Kemptown, MD..........  MD41                      2,000
Kentmorr Airpark Airport, Stevensville,  3W3                       2,000
 MD.                                                                    
Montgomery County Airpark Airport,       GAI                       2,000
 Gaithersburg, MD.                                                      
Waredaca Farm Airport, Brookeville, MD.  MD16                      2,000
Aqua-Land/Cliffton Skypark Airport,      2W8                       1,000
 Newburg, MD.                                                           
Buds Ferry Airport, Indian Head, MD....  MD39                      1,000
Burgess Field Airport, Riverside, MD...  3W1                       1,000
Chimney View Airport, Fredericksburg,    5VA5                      1,000
 VA.                                                                    
Holly Springs Farm Airport, Nanjemoy,    MD55                      1,000
 MD.                                                                    
Lanseair Farms Airport, La Plata, MD...  MD97                      1,000
Nyce Airport, Mount Victoria, MD.......  MD84                      1,000
Parks Airpark Airport, Nanjemoy, MD....  MD54                      1,000
Pilots Cove Airport, Tompkinsville, MD.  MD06                      1,000
Quantico MCAF, Quantico, VA............  NYG                       1,000
Stewart Airport, St. Michaels, MD......  MD64                      1,000
U.S. Naval Weapons Center, Dahlgren Lab  NDY                       1,000
 Airport, Dahlgren, VA.                                                 
------------------------------------------------------------------------

    (25) Effective upon the establishment of the Washington Tri-Area 
Class B airspace area: Airports within a 30-nautical-mile radius of the 
Washington National Airport, Andrews Air Force Base Airport, Baltimore- 

[[Page 165]]

Washington International Airport, and Dulles International Airport.

------------------------------------------------------------------------
                                                                  Alt.  
              Airport name                      Arpt ID           (AGL) 
------------------------------------------------------------------------
Albrecht Airstrip Airport, Long Green,   MD48                      2,000
 MD.                                                                    
Armacost Farms Airport, Hampstead, MD..  MD38                      2,000
Barnes Airport, Lisbon, MD.............  MD47                      2,000
Bay Bridge Airport, Stevensville, MD...  W29                       2,000
Carroll County Airport, Westminster, MD  W54                       2,000
Castle Marina Airport, Chester, MD.....  OW6                       2,000
Clearview Airpark Airport, Westminster,  2W2                       2,000
 MD.                                                                    
Davis Airport, Laytonsville, MD........  W50                       2,000
Fallston Airport, Fallston, MD.........  W42                       2,000
Faux-Burhans Airport, Frederick, MD....  3MD0                      2,000
Forest Hill Airport, Forest Hill, MD...  MD31                      2,000
Fort Detrick Helipad Heliport, Fort      MD32                      2,000
 Detrick (Frederick), MD.                                               
Frederick Municipal Airport, Frederick,  FDK                       2,000
 MD.                                                                    
Fremont Airport, Kemptown, MD..........  MD41                      2,000
Good Neighbor Farm Airport, Unionville,  MD74                      2,000
 MD.                                                                    
Happy Landings Farm Airport,             MD73                      2,000
 Unionville, MD.                                                        
Harris Airport, Still Pond, MD.........  MD69                      2,000
Hybarc Farm Airport, Chestertown, MD...  MD19                      2,000
Kennersley Airport, Church Hill, MD....  MD23                      2,000
Kentmorr Airpark Airport, Stevensville,  3W3                       2,000
 MD.                                                                    
Montgomery County Airpark Airport,       GAI                       2,000
 Gaithersburg, MD.                                                      
Phillips AAF, Aberdeen, MD.............  APG                       2,000
Pond View Private Airport, Chestertown,  OMD4                      2,000
 MD.                                                                    
Reservoir Airport, Finksburg, MD.......  1W8                       2,000
Scheeler Field Airport, Chestertown, MD  OW7                       2,000
Stolcrest STOL, Urbana, MD.............  MD75                      2,000
Tinsely Airstrip Airport, Butler, MD...  MD17                      2,000
Walters Airport, Mount Airy, MD........  OMD6                      2,000
Waredaca Farm Airport, Brookeville, MD.  MD16                      2,000
Weide AAF, Edgewood Arsenal, MD........  EDG                       2,000
Woodbine Gliderport, Woodbine, MD......  MD78                      2,000
Wright Field Airport, Chestertown, MD..  MD11                      2,000
Aviacres Airport, Warrenton, VA........  3VA2                      1,500
Birch Hollow Airport, Hillsboro, VA....  W60                       1,500
Flying Circus Aerodrome Airport,         3VA3                      1,500
 Warrenton, VA.                                                         
Fox Acres Airport, Warrenton, VA.......  15VA                      1,500
Hartwood Airport, Somerville, VA.......  8W8                       1,500
Horse Feathers Airport, Midland, VA....  53VA                      1,500
Krens Farm Airport, Hillsboro, VA......  14VA                      1,500
Scott Airpark Airport, Lovettsville, VA  VA61                      1,500
The Grass Patch Airport, Lovettsville,   VA62                      1,500
 VA.                                                                    
Walnut Hill Airport, Calverton, VA.....  58VA                      1,500
Warrenton Air Park Airport, Warrenton,   9W0                       1,500
 VA.                                                                    
Warrenton-Fauquier Airport, Warrenton,   W66                       1,500
 VA.                                                                    
Whitman Strip Airport, Manassas, VA....  OV5                       1,500
Aqua-Land/Cliffton Skypark Airport,      2W8                       1,000
 Newburg, MD.                                                           
Buds Ferry Airport, Indian Head, MD....  MD39                      1,000
Burgess Field Airport, Riverside, MD...  3WI                       1,000
Chimney View Airport, Fredericksburg,    5VA5                      1,000
 VA.                                                                    
Holly Springs Farm Airport, Nanjemoy,    MD55                      1,000
 MD.                                                                    
Lanseair Farms Airport, La Plata, MD...  MD97                      1,000
Nyce Airport, Mount Victoria, MD.......  MD84                      1,000
Parks Airpark Airport, Nanjemoy, MD....  MD54                      1,000
Pilots Cove Airport, Tompkinsville, MD.  MD06                      1,000
Quantico MCAF, Quantico, VA............  NYG                       1,000
Stewart Airport, St. Michaels, MD......  MD64                      1,000
U.S. Naval Weapons Center, Dahlgren Lab  NDY                       1,000
 Airport, Dahlgren, VA.                                                 
------------------------------------------------------------------------

    Authority: 49 U.S.C. app. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 2121 
through 2125; articles 12, 29, 31, and 32(a) of the Convention on 
International Civil Aviation (61 stat. 1180); 42 U.S.C. 4321 et seq.; 
E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970 Comp., p. 902; 49 U.S.C. 
106(g).

[Doc. No. 26242, 55 FR 50307, Dec. 5, 1990, as amended by Amdt. 91-227, 
56 FR 65652, Dec. 17, 1991; 57 FR 30822, July 10, 1992; Amdt. 91-227, 56 
FR 65652, Dec. 17, 1991; 58 FR 48728, Sept. 17, 1993; 58 FR 60552, Nov. 
17, 1993]

SFAR No. 64--Special Flight Authorizations for Noise Restricted Aircraft

    1. Contrary provisions of part 91, subpart I notwithstanding, an 
operator of a civil subsonic turbojet airplane with maximum weight of 
more than 75,000 pounds may conduct an approved limited nonrevenue 
operation of that airplane to or from a U.S. airport when such operation 
has been authorized by the FAA under paragraph 2 of this SFAR; and
    (a) The operator complies with all conditions and limitations 
established by this SFAR and the authorization;
    (b) A copy of the authorization is carried aboard the airplane 
during all operations to or from a U.S. airport;
    (c) The airplane carries an appropriate airworthiness certificate 
issued by the country of registration and meets the registration and 
identification requirements of that country; and
    (d) Whenever the application is for operation to a location at which 
FAA-approved noise abatement retrofit equipment is to be installed to 
make the aircraft comply with Stage 2 or Stage 3 noise levels as defined 
in part 36 of this chapter, the applicant must have a valid contract for 
such equipment.
    2. Authorization for the operation of a Stage 1 or Stage 2 civil 
turbojet airplane to or from a U.S. airport may be issued by the FAA for 
the following purposes:

[[Page 166]]

                            Stage 1 Airplanes

    (a) For a Stage 1 airplane owned by a U.S. owner/applicant on and 
since November 4, 1990:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels 
as defined in part 36 of this chapter;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels 
as defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to 
obtain spare parts to support U.S. programs for the national defense or 
safety.
    (b) For a Stage 1 airplane owned by a non-U.S. owner/applicant:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels 
as defined in part 36 of this chapter;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels 
as defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to 
obtain spare parts to support U.S. programs for the national defense or 
safety.
    (c) For a Stage 1 airplane purchased by a U.S. owner/applicant on or 
after November 5, 1990:
    (i) Obtaining modifications necessary to meet Stage 2 noise levels 
as defined in part 36 of this chapter, provided that the airplane does 
not subsequently operate in the contiguous United States;
    (ii) Obtaining modifications necessary to meet Stage 3 noise levels 
as defined in part 36 of this chapter; or
    (iii) Scrapping the airplane, as deemed necessary by the FAA, to 
obtain spare parts to support U.S. programs for the national defense or 
safety.

                            Stage 2 Airplanes

    (d) For a Stage 2 airplane purchased by a U.S. owner/applicant on or 
after November 5, 1990, obtaining modification to meet Stage 3 noise 
levels as defined in part 36 of this chapter.
    (e) For Stage 2 airplanes that were U.S.-owned on and since November 
4, 1990, and that have been removed from service to achieve compliance 
with Sec. 91.865 or Sec. 91.867 of this part:
    (i) Obtaining modifications to meet Stage 3 noise levels as defined 
in part 36 of this chapter;
    (ii) Prior to January 1, 2000, exporting an airplane, including 
flying the airplane to or from any airport in the contiguous United 
States necessary for the exportation of that airplane; or
    (iii) Prior to January 1, 2000, operating the airplane as deemed 
necessary by the FAA for the sale, lease, storage, or scrapping of the 
airplane.
    3. An application for a special flight authorization under this 
Special Federal Aviation Regulation shall be submitted to the FAA, 
Director of the Office of Environment and Energy, received no less than 
five days prior to the requested flight, and include the following:
    (a) The applicant's name and telephone number;
    (b) The name of the airplane operator;
    (c) The make, model, registration number, and serial number of the 
airplane;
    (d) The reason why such authorization is necessary;
    (e) The purpose of the flight;
    (f) Each U.S. airport at which the flight will be operated and the 
number of takeoffs and landings at each;
    (g) The approximate dates of the flights;
    (h) The number of people on board the airplane and the function of 
each person;
    (i) Whether a special flight permit under FAR part 21.199 or a 
special flight authorization under FAR part 91.715 is required for the 
flight;
    (j) A copy of the contract for noise abatement retrofit equipment, 
if appropriate; and
    (k) Any other information or documentation requested by the 
Director, Office of Environment and Energy, as necessary to determine 
whether the application should be approved.
    4. The Special Federal Aviation Regulation terminates on December 
31, 1999, unless sooner rescinded or superseded.

[58 FR 31641, June 3, 1993; Amdt. 91-232, 58 FR 62035, Nov. 24, 1993]

   Special Federal Aviation Regulation No. 65-1--Prohibition Against 
           Certain Flights Between the United States and Libya

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
No. 65-1 applies to all aircraft operations originating from, landing 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 65-1--
    (a) No person shall operate an aircraft on a flight to any point in 
Libya, or to any intermediate point on a flight where the ultimate 
destination is any point in Libya or that includes a landing at any 
point in Libya in its intended itinerary, from any point in the United 
States;
    (b) No person shall operate an aircraft on a flight to any point in 
the United States from any point in Libya, or from any intermediate 
point on a flight where the origin is in Libya, or from any point on a 
flight which includes a departure from any point in Libya in its 
intended itinerary; or

[[Page 167]]

    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Libya.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States and Libya described in section 2 of 
this SFAR by an aircraft authorized to conduct such operations by the 
United States Government in consultation with the committee established 
by UN Security Council Resolution 748 (1992), as affirmed by UN Security 
Council Resolution 883 (1993).
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete 
report of the operations or the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefor.
    5. Duration. This SFAR No. 65-1 shall remain in effect until further 
notice.

[SFAR 65-1, 60 FR 48644, Sept. 20, 1995]

   Special Federal Aviation Regulation No. 66-2--Prohibition Against 
 Certain Flights between the United States and the Federal Republic of 
                   Yugoslavia (Serbia and Montenegro)

    1. Applicability. This Special Federal Aviation Regulation (SFAR) 
applies to all aircraft operations originating from, destined to land 
in, or overflying the territory of the United States.
    2. Special flight restrictions. Except as provided in paragraphs 3 
and 4 of this SFAR No. 66-2--
    (a) No person shall operate an aircraft from any point in the United 
States to any point in the Federal Republic of Yugoslavia (Serbia and 
Montenegro) (hereinafter ``Serbia and Montenegro''), a flight having any 
intermediate or ultimate destination in Serbia and Montenegro, or a 
flight that includes a landing at any point in Serbia and Montenegro in 
its intended itinerary;
    (b) No person shall operate an aircraft to any point in the United 
States from any point in Serbia and Montenegro, or a flight from any 
intermediate point of departure where the origin of the flight is in 
Serbia and Montenegro, or a flight that includes a departure from any 
point in Serbia and Montenegro in its intended itinerary; or
    (c) No person shall operate an aircraft over the territory of the 
United States if that aircraft's flight itinerary includes any landing 
at or departure from any point in Serbia and Montenegro.
    3. Permitted operations. This SFAR shall not prohibit the flight 
operations between the United States, Serbia and Montenegro described in 
section 2 of this SFAR by an aircraft authorized to conduct such 
operations by the United States Government.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Any deviation required by an emergency shall be reported as 
soon as possible to the air traffic control facility having 
jurisdiction.
    5. Expiration. This Special Federal Aviation Regulation expires June 
2, 1997.

[SFAR 66-2, 60 FR 28477, May 31, 1995]

    Effective Date Note: By Doc. No. 26903, 61 FR 631, Jan. 9, 1996, 
Special Federal Aviation Regulation 66-2 was suspended indefinitely.

Special Federal Aviation Regulation No. 67--Prohibition Against Certain 
        Flights Within the Territory and Airspace of Afghanistan

    1. Applicability. This rule applies to all U.S. air carriers and 
commercial operators, all persons exercising the privileges of an airman 
certificate issued by the FAA, and all operators using aircraft 
registered in the United States except where the operator of such 
aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided in paragraph 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations within the territory and airspace of Afghanistan.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations within the 
territory and airspace of Afghanistan where such operations are 
authorized either by exemption issued by the Administrator or by another 
agency of the United States Government with the approval of the FAA.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers and commercial operators that 
are subject to the requirements of 14 CFR 121.557, 121.559, or 135.19, 
each person who deviates from this rule shall, within ten (10) days of 
the deviation, excluding Saturdays, Sundays, and Federal holidays, 
submit to the nearest FAA Flight Standards District Office a complete

[[Page 168]]

report of the operations of the aircraft involved in the deviation, 
including a description of the deviation and the reasons therefor.
    5. Expiration. This Special Federal Aviation Regulation expires May 
10, 1997.

[SFAR 67, 59 FR 25283, May 13, 1994, as amended by 60 FR 25981, May 15, 
1995; 61 FR 24431, May 14, 1996]

    Effective Date Note: By Doc. No. 27744, 61 FR 24431, May 14, 1996, 
SFAR 67 is effective May 10, 1996 through May 10, 1997.

SFAR No. 71--Special Operating Rules for Air Tour Operators in the State 
                                of Hawaii

    Section 1. Applicability. This Special Federal Aviation Regulation 
prescribes operating rules for airplane and helicopter visual flight 
rules air tour flights conducted in the State of Hawaii under 14 CFR 
parts 91, 121, and 135. This rule does not apply to:
    (a) Operations conducted under 14 CFR part 121 in airplanes with a 
passenger seating configuration of more than 30 seats or a payload 
capacity of more than 7,500 pounds.
    (b) Flights conducted in gliders or hot air balloons.
    Section 2. Definitions. For the purposes of this SFAR:
    ``Air tour'' means any sightseeing flight conducted under visual 
flight rules in an airplane or helicopter for compensation or hire.
    ``Air tour operator'' means any person who conducts an air tour.
    Section 3. Helicopter flotation equipment. No person may conduct an 
air tour in Hawaii in a single-engine helicopter beyond the shore of any 
island, regardless of whether the helicopter is within gliding distance 
of the shore, unless:
    (a) The helicopter is amphibious or is equipped with floats adequate 
to accomplish a safe emergency ditching and approved flotation gear is 
easily accessible for each occupant; or
    (b) Each person on board the helicopter is wearing approved 
flotation gear.
    Section 4. Helicopter performance plan. Each operator must complete 
a performance plan before each helicopter air tour flight. The 
performance plan must be based on the information in the Rotorcraft 
Flight Manual (RFM), considering the maximum density altitude for which 
the operation is planned for the flight to determine the following:
    (a) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (b) Maximum gross weight and CG limitations for hovering out of 
ground effect; and,
    (c) Maximum combination of weight, altitude, and temperature for 
which height-velocity information in the RFM. is valid.
    The pilot in command (PIC) must comply with the performance plan.
    Section 5. Helicopter operating limitations. Except for approach to 
and transition from a hover, the PIC shall operate the helicopter at a 
combination of height and forward speed (including hover) that would 
permit a safe landing in event of engine power loss, in accordance with 
the height-speed envelope for that helicopter under current weight and 
aircraft altitude.
    Section 6. Minimum flight altitudes. Except when necessary for 
takeoff and landing, or operating in compliance with an air traffic 
control clearance, or as otherwise authorized by the Administrator, no 
person may conduct an air tour in Hawaii:
    (a) Below an altitude of 1,500 feet above the surface over all areas 
of the State of Hawaii, and,
    (b) Closer than 1,500 feet to any person or property; or,
    (c) Below any altitude prescribed by federal statute or regulation.
    Section 7. Passenger briefing. Before takeoff, each PIC of an air 
tour flight of Hawaii with a flight segment beyond the ocean shore of 
any island shall ensure that each passenger has been briefed on the 
following, in addition to requirements set forth in 14 CFR 91.107, 
121.571, or 135.117:
    (a) Water ditching procedures;
    (b) Use of required flotation equipment; and
    (c) Emergency egress from the aircraft in event of a water landing.'
    Section 8. Termination date. This Special Federal Aviation 
Regulation expires on October 26, 1997.

[SFAR 71, 59 FR 49145, Sept. 26, 1994, as amended at 60 FR 65913, Dec. 
20, 1995]

Special Federal Aviation Regulation No. 77--Prohibition Against Certain 
            Flights Within the Territory and Airspace of Iraq

    1. Applicability. This rule applies to the following persons:
    (a) All U.S. air carriers or commercial operators;
    (b) All persons exercising the privileges of an airman certificate 
issued by the FAA except such persons operating U.S.-registered aircraft 
for a foreign air carrier; or
    (c) All operators of aircraft registered in the United States except 
where the operator of such aircraft is a foreign air carrier.
    2. Flight prohibition. Except as provided in paragraphs 3 and 4 of 
this SFAR, no person described in paragraph 1 may conduct flight 
operations over or within the territory and airspace of Iraq.
    3. Permitted operations. This SFAR does not prohibit persons 
described in paragraph 1 from conducting flight operations over or

[[Page 169]]

within the territory and airspace of Iraq where such operations are 
authorized either by exemption issued by the Administrator or by another 
agency of the United States Government.
    4. Emergency situations. In an emergency that requires immediate 
decision and action for the safety of the flight, the pilot in command 
of an aircraft may deviate from this SFAR to the extent required by that 
emergency. Except for U.S. air carriers or commercial operators that are 
subject to the requirements of 14 CFR parts 119, 121, or 135, each 
person who deviates from this rule shall, within ten (10) days of the 
deviation, excluding Saturdays, Sundays, and Federal holidays, submit to 
the nearest FAA Flight Standards District Office a complete report of 
the operations of the aircraft involved in the deviation including a 
description of the deviation and the reasons therefore.
    5. Expiration. This Special Federal Aviation Regulation will remain 
in effect until further notice.

[Doc. No. 28691, 61 FR 54021, Oct. 16, 1996]



                           Subpart A--General

    Source: Docket No. 18334, 54 FR 34292, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.1  Applicability.

    (a) Except as provided in paragraph (b) of this section and 
Sec. 91.703, this part prescribes rules governing the operation of 
aircraft (other than moored balloons, kites, unmanned rockets, and 
unmanned free balloons, which are governed by part 101 of this chapter, 
and ultralight vehicles operated in accordance with part 103 of this 
chapter) within the United States, including the waters within 3 
nautical miles of the U.S. coast.
    (b) Each person operating an aircraft in the airspace overlying the 
waters between 3 and 12 nautical miles from the coast of the United 
States shall comply with Secs. 91.1 through 91.21; Secs. 91.101 through 
91.143; Secs. 91.151 through 91.159; Secs. 91.167 through 91.193; 
Sec. 91.203; Sec. 91.205; Secs. 91.209 through 91.217; Sec. 91.221; 
Secs. 91.303 through 91.319; Sec. 91.323; Sec. 91.605; Sec. 91.609; 
Secs. 91.703 through 91.715; and 91.903.



Sec. 91.3  Responsibility and authority of the pilot in command.

    (a) The pilot in command of an aircraft is directly responsible for, 
and is the final authority as to, the operation of that aircraft.
    (b) In an in-flight emergency requiring immediate action, the pilot 
in command may deviate from any rule of this part to the extent required 
to meet that emergency.
    (c) Each pilot in command who deviates from a rule under paragraph 
(b) of this section shall, upon the request of the Administrator, send a 
written report of that deviation to the Administrator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.5  Pilot in command of aircraft requiring more than one required pilot.

    No person may operate an aircraft that is type certificated for more 
than one required pilot flight crewmember unless the pilot in command 
meets the requirements of Sec. 61.58 of this chapter.



Sec. 91.7  Civil aircraft airworthiness.

    (a) No person may operate a civil aircraft unless it is in an 
airworthy condition.
    (b) The pilot in command of a civil aircraft is responsible for 
determining whether that aircraft is in condition for safe flight. The 
pilot in command shall discontinue the flight when unairworthy 
mechanical, electrical, or structural conditions occur.



Sec. 91.9  Civil aircraft flight manual, marking, and placard requirements.

    (a) Except as provided in paragraph (d) of this section, no person 
may operate a civil aircraft without complying with the operating 
limitations specified in the approved Airplane or Rotorcraft Flight 
Manual, markings, and placards, or as otherwise prescribed by the 
certificating authority of the country of registry.
    (b) No person may operate a U.S.-registered civil aircraft--
    (1) For which an Airplane or Rotorcraft Flight Manual is required by 
Sec. 21.5 of this chapter unless there is available in the aircraft a 
current, approved Airplane or Rotorcraft Flight Manual or the manual 
provided for in Sec. 121.141(b); and
    (2) For which an Airplane or Rotorcraft Flight Manual is not 
required by Sec. 21.5 of this chapter, unless there is

[[Page 170]]

available in the aircraft a current approved Airplane or Rotorcraft 
Flight Manual, approved manual material, markings, and placards, or any 
combination thereof.
    (c) No person may operate a U.S.-registered civil aircraft unless 
that aircraft is identified in accordance with part 45 of this chapter.
    (d) Any person taking off or landing a helicopter certificated under 
part 29 of this chapter at a heliport constructed over water may make 
such momentary flight as is necessary for takeoff or landing through the 
prohibited range of the limiting height-speed envelope established for 
the helicopter if that flight through the prohibited range takes place 
over water on which a safe ditching can be accomplished and if the 
helicopter is amphibious or is equipped with floats or other emergency 
flotation gear adequate to accomplish a safe emergency ditching on open 
water.



Sec. 91.11  Prohibition against interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated.



Sec. 91.13  Careless or reckless operation.

    (a) Aircraft operations for the purpose of air navigation. No person 
may operate an aircraft in a careless or reckless manner so as to 
endanger the life or property of another.
    (b) Aircraft operations other than for the purpose of air 
navigation. No person may operate an aircraft, other than for the 
purpose of air navigation, on any part of the surface of an airport used 
by aircraft for air commerce (including areas used by those aircraft for 
receiving or discharging persons or cargo), in a careless or reckless 
manner so as to endanger the life or property of another.



Sec. 91.15  Dropping objects.

    No pilot in command of a civil aircraft may allow any object to be 
dropped from that aircraft in flight that creates a hazard to persons or 
property. However, this section does not prohibit the dropping of any 
object if reasonable precautions are taken to avoid injury or damage to 
persons or property.



Sec. 91.17  Alcohol or drugs.

    (a) No person may act or attempt to act as a crewmember of a civil 
aircraft--
    (1) Within 8 hours after the consumption of any alcoholic beverage;
    (2) While under the influence of alcohol;
    (3) While using any drug that affects the person's faculties in any 
way contrary to safety; or
    (4) While having .04 percent by weight or more alcohol in the blood.
    (b) Except in an emergency, no pilot of a civil aircraft may allow a 
person who appears to be intoxicated or who demonstrates by manner or 
physical indications that the individual is under the influence of drugs 
(except a medical patient under proper care) to be carried in that 
aircraft.
    (c) A crewmember shall do the following:
    (1) On request of a law enforcement officer, submit to a test to 
indicate the percentage by weight of alcohol in the blood, when--
    (i) The law enforcement officer is authorized under State or local 
law to conduct the test or to have the test conducted; and
    (ii) The law enforcement officer is requesting submission to the 
test to investigate a suspected violation of State or local law 
governing the same or substantially similar conduct prohibited by 
paragraph (a)(1), (a)(2), or (a)(4) of this section.
    (2) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of 
this section, that person shall, upon request by the Administrator, 
furnish the Administrator, or authorize any clinic, hospital, doctor, or 
other person to release to the Administrator, the results of each test 
taken within 4 hours after acting or attempting to act as a crewmember 
that indicates percentage by weight of alcohol in the blood.
    (d) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(3) of this section, that 
person shall, upon

[[Page 171]]

request by the Administrator, furnish the Administrator, or authorize 
any clinic, hospital, doctor, or other person to release to the 
Administrator, the results of each test taken within 4 hours after 
acting or attempting to act as a crewmember that indicates the presence 
of any drugs in the body.
    (e) Any test information obtained by the Administrator under 
paragraph (c) or (d) of this section may be evaluated in determining a 
person's qualifications for any airman certificate or possible 
violations of this chapter and may be used as evidence in any legal 
proceeding under section 602, 609, or 901 of the Federal Aviation Act of 
1958.



Sec. 91.19  Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft within the United States with knowledge 
that narcotic drugs, marihuana, and depressant or stimulant drugs or 
substances as defined in Federal or State statutes are carried in the 
aircraft.
    (b) Paragraph (a) of this section does not apply to any carriage of 
narcotic drugs, marihuana, and depressant or stimulant drugs or 
substances authorized by or under any Federal or State statute or by any 
Federal or State agency.



Sec. 91.21  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in command of an aircraft 
allow the operation of, any portable electronic device on any of the 
following U.S.-registered civil aircraft:
    (1) Aircraft operated by a holder of an air carrier operating 
certificate or an operating certificate; or
    (2) Any other aircraft while it is operated under IFR.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the operator of the 
aircraft has determined will not cause interference with the navigation 
or communication system of the aircraft on which it is to be used.
    (c) In the case of an aircraft operated by a holder of an air 
carrier operating certificate or an operating certificate, the 
determination required by paragraph (b)(5) of this section shall be made 
by that operator of the aircraft on which the particular device is to be 
used. In the case of other aircraft, the determination may be made by 
the pilot in command or other operator of the aircraft.



Sec. 91.23  Truth-in-leasing clause requirement in leases and conditional sales contracts.

    (a) Except as provided in paragraph (b) of this section, the parties 
to a lease or contract of conditional sale involving a U.S.-registered 
large civil aircraft and entered into after January 2, 1973, shall 
execute a written lease or contract and include therein a written truth-
in-leasing clause as a concluding paragraph in large print, immediately 
preceding the space for the signature of the parties, which contains the 
following with respect to each such aircraft:
    (1) Identification of the Federal Aviation Regulations under which 
the aircraft has been maintained and inspected during the 12 months 
preceding the execution of the lease or contract of conditional sale, 
and certification by the parties thereto regarding the aircraft's status 
of compliance with applicable maintenance and inspection requirements in 
this part for the operation to be conducted under the lease or contract 
of conditional sale.
    (2) The name and address (printed or typed) and the signature of the 
person responsible for operational control of the aircraft under the 
lease or contract of conditional sale, and certification that each 
person understands that person's responsibilities for compliance with 
applicable Federal Aviation Regulations.
    (3) A statement that an explanation of factors bearing on 
operational control and pertinent Federal Aviation Regulations can be 
obtained from the nearest FAA Flight Standards district office.
    (b) The requirements of paragraph (a) of this section do not apply--

[[Page 172]]

    (1) To a lease or contract of conditional sale when--
    (i) The party to whom the aircraft is furnished is a foreign air 
carrier or certificate holder under part 121, 125, 127, 135, or 141 of 
this chapter, or
    (ii) The party furnishing the aircraft is a foreign air carrier, 
certificate holder under part 121, 125, 127, or 141 of this chapter, or 
a certificate holder under part 135 of this chapter having appropriate 
authority to engage in air taxi operations with large aircraft.
    (2) To a contract of conditional sale, when the aircraft involved 
has not been registered anywhere prior to the execution of the contract, 
except as a new aircraft under a dealer's aircraft registration 
certificate issued in accordance with Sec. 47.61 of this chapter.
    (c) No person may operate a large civil aircraft of U.S. registry 
that is subject to a lease or contract of conditional sale to which 
paragraph (a) of this section applies, unless--
    (1) The lessee or conditional buyer, or the registered owner if the 
lessee is not a citizen of the United States, has mailed a copy of the 
lease or contract that complies with the requirements of paragraph (a) 
of this section, within 24 hours of its execution, to the Aircraft 
Registration Branch, Attn: Technical Section, P.O. Box 25724, Oklahoma 
City, OK 73125;
    (2) A copy of the lease or contract that complies with the 
requirements of paragraph (a) of this section is carried in the 
aircraft. The copy of the lease or contract shall be made available for 
review upon request by the Administrator, and
    (3) The lessee or conditional buyer, or the registered owner if the 
lessee is not a citizen of the United States, has notified by telephone 
or in person the FAA Flight Standards district office nearest the 
airport where the flight will originate. Unless otherwise authorized by 
that office, the notification shall be given at least 48 hours before 
takeoff in the case of the first flight of that aircraft under that 
lease or contract and inform the FAA of--
    (i) The location of the airport of departure;
    (ii) The departure time; and
    (iii) The registration number of the aircraft involved.
    (d) The copy of the lease or contract furnished to the FAA under 
paragraph (c) of this section is commercial or financial information 
obtained from a person. It is, therefore, privileged and confidential 
and will not be made available by the FAA for public inspection or 
copying under 5 U.S.C. 552(b)(4) unless recorded with the FAA under part 
49 of this chapter.
    (e) For the purpose of this section, a lease means any agreement by 
a person to furnish an aircraft to another person for compensation or 
hire, whether with or without flight crewmembers, other than an 
agreement for the sale of an aircraft and a contract of conditional sale 
under section 101 of the Federal Aviation Act of 1958. The person 
furnishing the aircraft is referred to as the lessor, and the person to 
whom it is furnished the lessee.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]



Sec. 91.25  Aviation Safety Reporting Program: Prohibition against use of reports for enforcement purposes.

    The Administrator of the FAA will not use reports submitted to the 
National Aeronautics and Space Administration under the Aviation Safety 
Reporting Program (or information derived therefrom) in any enforcement 
action except information concerning accidents or criminal offenses 
which are wholly excluded from the Program.
Secs. 91.27--91.99  [Reserved]



                         Subpart B--Flight Rules

    Source: Docket No. 18334, 54 FR 34294, Aug. 18, 1989, unless 
otherwise noted.

                                 General



Sec. 91.101  Applicability.

    This subpart prescribes flight rules governing the operation of 
aircraft within the United States and within 12 nautical miles from the 
coast of the United States.

[[Page 173]]



Sec. 91.103  Preflight action.

    Each pilot in command shall, before beginning a flight, become 
familiar with all available information concerning that flight. This 
information must include--
    (a) For a flight under IFR or a flight not in the vicinity of an 
airport, weather reports and forecasts, fuel requirements, alternatives 
available if the planned flight cannot be completed, and any known 
traffic delays of which the pilot in command has been advised by ATC;
    (b) For any flight, runway lengths at airports of intended use, and 
the following takeoff and landing distance information:
    (1) For civil aircraft for which an approved Airplane or Rotorcraft 
Flight Manual containing takeoff and landing distance data is required, 
the takeoff and landing distance data contained therein; and
    (2) For civil aircraft other than those specified in paragraph 
(b)(1) of this section, other reliable information appropriate to the 
aircraft, relating to aircraft performance under expected values of 
airport elevation and runway slope, aircraft gross weight, and wind and 
temperature.



Sec. 91.105  Flight crewmembers at stations.

    (a) During takeoff and landing, and while en route, each required 
flight crewmember shall--
    (1) Be at the crewmember station unless the absence is necessary to 
perform duties in connection with the operation of the aircraft or in 
connection with physiological needs; and
    (2) Keep the safety belt fastened while at the crewmember station.
    (b) Each required flight crewmember of a U.S.-registered civil 
aircraft shall, during takeoff and landing, keep his or her shoulder 
harness fastened while at his or her assigned duty station. This 
paragraph does not apply if--
    (1) The seat at the crewmember's station is not equipped with a 
shoulder harness; or
    (2) The crewmember would be unable to perform required duties with 
the shoulder harness fastened.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42671, Sept. 15, 1992]



Sec. 91.107  Use of safety belts, shoulder harnesses, and child restraint systems.

    (a) Unless otherwise authorized by the Administrator--
    (1) No pilot may take off a U.S.-registered civil aircraft (except a 
free balloon that incorporates a basket or gondola, or an airship type 
certificated before November 2, 1987) unless the pilot in command of 
that aircraft ensures that each person on board is briefed on how to 
fasten and unfasten that person's safety belt and, if installed, 
shoulder harness.
    (2) No pilot may cause to be moved on the surface, take off, or land 
a U.S.-registered civil aircraft (except a free balloon that 
incorporates a basket or gondola, or an airship type certificated before 
November 2, 1987) unless the pilot in command of that aircraft ensures 
that each person on board has been notified to fasten his or her safety 
belt and, if installed, his or her shoulder harness.
    (3) Except as provided in this paragraph, each person on board a 
U.S.-registered civil aircraft (except a free balloon that incorporates 
a basket or gondola or an airship type certificated before November 2, 
1987) must occupy an approved seat or berth with a safety belt and, if 
installed, shoulder harness, properly secured about him or her during 
movement on the surface, takeoff, and landing. For seaplane and float 
equipped rotorcraft operations during movement on the surface, the 
person pushing off the seaplane or rotorcraft from the dock and the 
person mooring the seaplane or rotorcraft at the dock are excepted from 
the preceding seating and safety belt requirements. Notwithstanding the 
preceding requirements of this paragraph, a person may:
    (i) Be held by an adult who is occupying an approved seat or berth, 
provided that the person being held has not reached his or her second 
birthday and

[[Page 174]]

does not occupy or use any restraining device;
    (ii) Use the floor of the aircraft as a seat, provided that the 
person is on board for the purpose of engaging in sport parachuting; or
    (iii) Notwithstanding any other requirement of this chapter, occupy 
an approved child restraint system furnished by the operator or one of 
the persons described in paragraph (a)(3)(iii)(A) of this section 
provided that:
    (A) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (B) Except as provided in paragraph (a)(3)(iii)(B)(4) of this 
action, the approved child restraint system bears one or more labels as 
follows:
    (1) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label: ``This child restraint 
system conforms to all applicable Federal motor vehicle safety 
standards'';
    (2) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (i) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (ii) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (3) Seats that do not qualify under paragraphs (a)(3)(iii)(B)(1) and 
(a)(3)(iii)(B)(2) of this section must bear either a label showing 
approval of a foreign government or a label showing that the seat was 
manufactured under the standards of the United Nations;
    (4) Notwithstanding any other provision of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle Safety 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held child restraints are not approved for 
use in aircraft; and
    (C) The operator complies with the following requirements:
    (1) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (2) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (3) The restraint system must bear the appropriate label(s).
    (b) Unless otherwise stated, this section does not apply to 
operations conducted under part 121, 125, or 135 of this chapter. 
Paragraph (a)(3) of this section does not apply to persons subject to 
Sec. 91.105.

[Doc. No. 26142, 57 FR 42671, Sept. 15, 1992, as amended by Amdt. 91-
250, 61 FR 28421, June 4, 1996]



Sec. 91.109  Flight instruction; Simulated instrument flight and certain flight tests.

    (a) No person may operate a civil aircraft (except a manned free 
balloon) that is being used for flight instruction unless that aircraft 
has fully functioning dual controls. However, instrument flight 
instruction may be given in a single-engine airplane equipped with a 
single, functioning throwover control wheel in place of fixed, dual 
controls of the elevator and ailerons when--
    (1) The instructor has determined that the flight can be conducted 
safely; and
    (2) The person manipulating the controls has at least a private 
pilot certificate with appropriate category and class ratings.
    (b) No person may operate a civil aircraft in simulated instrument 
flight unless--
    (1) The other control seat is occupied by a safety pilot who 
possesses at least a private pilot certificate with category and class 
ratings appropriate to the aircraft being flown.
    (2) The safety pilot has adequate vision forward and to each side of 
the aircraft, or a competent observer in the aircraft adequately 
supplements the vision of the safety pilot; and
    (3) Except in the case of lighter-than-air aircraft, that aircraft 
is equipped with fully functioning dual controls. However, simulated 
instrument flight may be conducted in a single-engine airplane, equipped 
with a single, functioning, throwover control wheel, in place of fixed, 
dual controls of the elevator and ailerons, when--

[[Page 175]]

    (i) The safety pilot has determined that the flight can be conducted 
safely; and
    (ii) The person manipulating the controls has at least a private 
pilot certificate with appropriate category and class ratings.
    (c) No person may operate a civil aircraft that is being used for a 
flight test for an airline transport pilot certificate or a class or 
type rating on that certificate, or for a part 121 proficiency flight 
test, unless the pilot seated at the controls, other than the pilot 
being checked, is fully qualified to act as pilot in command of the 
aircraft.



Sec. 91.111  Operating near other aircraft.

    (a) No person may operate an aircraft so close to another aircraft 
as to create a collision hazard.
    (b) No person may operate an aircraft in formation flight except by 
arrangement with the pilot in command of each aircraft in the formation.
    (c) No person may operate an aircraft, carrying passengers for hire, 
in formation flight.



Sec. 91.113  Right-of-way rules: Except water operations.

    (a) Inapplicability. This section does not apply to the operation of 
an aircraft on water.
    (b) General. When weather conditions permit, regardless of whether 
an operation is conducted under instrument flight rules or visual flight 
rules, vigilance shall be maintained by each person operating an 
aircraft so as to see and avoid other aircraft. When a rule of this 
section gives another aircraft the right-of-way, the pilot shall give 
way to that aircraft and may not pass over, under, or ahead of it unless 
well clear.
    (c) In distress. An aircraft in distress has the right-of-way over 
all other air traffic.
    (d) Converging. When aircraft of the same category are converging at 
approximately the same altitude (except head-on, or nearly so), the 
aircraft to the other's right has the right-of-way. If the aircraft are 
of different categories--
    (1) A balloon has the right-of-way over any other category of 
aircraft;
    (2) A glider has the right-of-way over an airship, airplane, or 
rotorcraft; and
    (3) An airship has the right-of-way over an airplane or rotorcraft.
    However, an aircraft towing or refueling other aircraft has the 
right-of-way over all other engine-driven aircraft.
    (e) Approaching head-on. When aircraft are approaching each other 
head-on, or nearly so, each pilot of each aircraft shall alter course to 
the right.
    (f) Overtaking. Each aircraft that is being overtaken has the right-
of-way and each pilot of an overtaking aircraft shall alter course to 
the right to pass well clear.
    (g) Landing. Aircraft, while on final approach to land or while 
landing, have the right-of-way over other aircraft in flight or 
operating on the surface, except that they shall not take advantage of 
this rule to force an aircraft off the runway surface which has already 
landed and is attempting to make way for an aircraft on final approach. 
When two or more aircraft are approaching an airport for the purpose of 
landing, the aircraft at the lower altitude has the right-of-way, but it 
shall not take advantage of this rule to cut in front of another which 
is on final approach to land or to overtake that aircraft.



Sec. 91.115  Right-of-way rules: Water operations.

    (a) General. Each person operating an aircraft on the water shall, 
insofar as possible, keep clear of all vessels and avoid impeding their 
navigation, and shall give way to any vessel or other aircraft that is 
given the right-of-way by any rule of this section.
    (b) Crossing. When aircraft, or an aircraft and a vessel, are on 
crossing courses, the aircraft or vessel to the other's right has the 
right-of-way.
    (c) Approaching head-on. When aircraft, or an aircraft and a vessel, 
are approaching head-on, or nearly so, each shall alter its course to 
the right to keep well clear.
    (d) Overtaking. Each aircraft or vessel that is being overtaken has 
the right-of-way, and the one overtaking shall alter course to keep well 
clear.
    (e) Special circumstances. When aircraft, or an aircraft and a 
vessel, approach so as to involve risk of collision, each aircraft or 
vessel shall proceed with careful regard to existing

[[Page 176]]

circumstances, including the limitations of the respective craft.



Sec. 91.117  Aircraft speed.

    (a) Unless otherwise authorized by the Administrator, no person may 
operate an aircraft below 10,000 feet MSL at an indicated airspeed of 
more than 250 knots (288 m.p.h.).
    (b) Unless otherwise authorized or required by ATC, no person may 
operate an aircraft at or below 2,500 feet above the surface within 4 
nautical miles of the primary airport of a Class C or Class D airspace 
area at an indicated airspeed of more than 200 knots (230 mph.). This 
paragraph (b) does not apply to any operations within a Class B airspace 
area. Such operations shall comply with paragraph (a) of this section.
    (c) No person may operate an aircraft in the airspace underlying a 
Class B airspace area designated for an airport or in a VFR corridor 
designated through such a Class B airspace area, at an indicated 
airspeed of more than 200 knots (230 mph).
    (d) If the minimum safe airspeed for any particular operation is 
greater than the maximum speed prescribed in this section, the aircraft 
may be operated at that minimum speed.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-219, 
55 FR 34708, Aug. 24, 1990; Amdt. 91-227, 56 FR 65657, Dec. 17, 1991; 
Amdt. 91-233, 58 FR 43554, Aug. 17, 1993]



Sec. 91.119  Minimum safe altitudes: General.

    Except when necessary for takeoff or landing, no person may operate 
an aircraft below the following altitudes:
    (a) Anywhere. An altitude allowing, if a power unit fails, an 
emergency landing without undue hazard to persons or property on the 
surface.
    (b) Over congested areas. Over any congested area of a city, town, 
or settlement, or over any open air assembly of persons, an altitude of 
1,000 feet above the highest obstacle within a horizontal radius of 
2,000 feet of the aircraft.
    (c) Over other than congested areas. An altitude of 500 feet above 
the surface, except over open water or sparsely populated areas. In 
those cases, the aircraft may not be operated closer than 500 feet to 
any person, vessel, vehicle, or structure.
    (d) Helicopters. Helicopters may be operated at less than the 
minimums prescribed in paragraph (b) or (c) of this section if the 
operation is conducted without hazard to persons or property on the 
surface. In addition, each person operating a helicopter shall comply 
with any routes or altitudes specifically prescribed for helicopters by 
the Administrator.



Sec. 91.121  Altimeter settings.

    (a) Each person operating an aircraft shall maintain the cruising 
altitude or flight level of that aircraft, as the case may be, by 
reference to an altimeter that is set, when operating--
    (1) Below 18,000 feet MSL, to--
    (i) The current reported altimeter setting of a station along the 
route and within 100 nautical miles of the aircraft;
    (ii) If there is no station within the area prescribed in paragraph 
(a)(1)(i) of this section, the current reported altimeter setting of an 
appropriate available station; or
    (iii) In the case of an aircraft not equipped with a radio, the 
elevation of the departure airport or an appropriate altimeter setting 
available before departure; or
    (2) At or above 18,000 feet MSL, to 29.92'' Hg.
    (b) The lowest usable flight level is determined by the atmospheric 
pressure in the area of operation as shown in the following table:

------------------------------------------------------------------------
                                                                 Lowest 
                                                                 usable 
                   Current altimeter setting                     flight 
                                                                  level 
------------------------------------------------------------------------
29.92 (or higher).............................................       180
29.91 through 29.42...........................................       185
29.41 through 28.92...........................................       190
28.91 through 28.42...........................................       195
28.41 through 27.92...........................................       200
27.91 through 27.42...........................................       205
27.41 through 26.92...........................................       210
------------------------------------------------------------------------

    (c) To convert minimum altitude prescribed under Secs. 91.119 and 
91.177 to the minimum flight level, the pilot shall take the flight 
level equivalent of the minimum altitude in feet and add the appropriate 
number of feet specified below, according to the current reported 
altimeter setting:

[[Page 177]]



------------------------------------------------------------------------
                                                              Adjustment
                  Current altimeter setting                     factor  
------------------------------------------------------------------------
29.92 (or higher)...........................................       None 
29.91 through 29.42.........................................        500 
29.41 through 28.92.........................................      1,000 
28.91 through 28.42.........................................      1,500 
28.41 through 27.92.........................................      2,000 
27.91 through 27.42.........................................      2,500 
27.41 through 26.92.........................................      3,000 
------------------------------------------------------------------------



Sec. 91.123  Compliance with ATC clearances and instructions.

    (a) When an ATC clearance has been obtained, no pilot in command may 
deviate from that clearance unless an amended clearance is obtained, an 
emergency exists, or the deviation is in response to a traffic alert and 
collision avoidance system resolution advisory. However, except in Class 
A airspace, a pilot may cancel an IFR flight plan if the operation is 
being conducted in VFR weather conditions. When a pilot is uncertain of 
an ATC clearance, that pilot shall immediately request clarification 
from ATC.
    (b) Except in an emergency, no person may operate an aircraft 
contrary to an ATC instruction in an area in which air traffic control 
is exercised.
    (c) Each pilot in command who, in an emergency, or in response to a 
traffic alert and collision avoidance system resolution advisory, 
deviates from an ATC clearance or instruction shall notify ATC of that 
deviation as soon as possible.
    (d) Each pilot in command who (though not deviating from a rule of 
this subpart) is given priority by ATC in an emergency, shall submit a 
detailed report of that emergency within 48 hours to the manager of that 
ATC facility, if requested by ATC.
    (e) Unless otherwise authorized by ATC, no person operating an 
aircraft may operate that aircraft according to any clearance or 
instruction that has been issued to the pilot of another aircraft for 
radar air traffic control purposes.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18834, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65658, Dec. 17, 1991; Amdt. 91-244, 60 FR 50679, Sept. 29, 1995]



Sec. 91.125  ATC light signals.

    ATC light signals have the meaning shown in the following table:

------------------------------------------------------------------------
                                     Meaning with                       
                                      respect to         Meaning with   
    Color and type of signal        aircraft on the       respect to    
                                        surface       aircraft in flight
------------------------------------------------------------------------
Steady green....................  Cleared for         Cleared to land.  
                                   takeoff.                             
Flashing green..................  Cleared to taxi...  Return for landing
                                                       (to be followed  
                                                       by steady green  
                                                       at proper time). 
Steady red......................  Stop..............  Give way to other 
                                                       aircraft and     
                                                       continue         
                                                       circling.        
Flashing red....................  Taxi clear of       Airport unsafe--do
                                   runway in use.      not land.        
Flashing white..................  Return to starting  Not applicable.   
                                   point on airport.                    
Alternating red and green.......  Exercise extreme    Exercise extreme  
                                   caution.            caution.         
------------------------------------------------------------------------



Sec. 91.126  Operating on or in the vicinity of an airport in Class G airspace.

    (a) General. Unless otherwise authorized or required, each person 
operating an aircraft on or in the vicinity of an airport in a Class G 
airspace area must comply with the requirements of this section.
    (b) Direction of turns. When approaching to land at an airport 
without an operating control tower in Class G airspace--
    (1) Each pilot of an airplane must make all turns of that airplane 
to the left unless the airport displays approved light signals or visual 
markings indicating that turns should be made to the right, in which 
case the pilot must make all turns to the right; and
    (2) Each pilot of a helicopter must avoid the flow of fixed-wing 
aircraft.
    (c) Flap settings. Except when necessary for training or 
certification, the pilot in command of a civil turbojet-powered aircraft 
must use, as a final flap setting, the minimum certificated landing flap 
setting set forth in the approved performance information in the 
Airplane Flight Manual for the applicable conditions. However, each 
pilot in command has the final authority and responsibility for the safe 
operation of the pilot's airplane, and may use a different flap setting 
for that airplane if the pilot determines that it is necessary in the 
interest of safety.
    (d) Communications with control towers. Unless otherwise authorized 
or required by ATC, no person may operate an aircraft to, from, through, 
or on an

[[Page 178]]

airport having an operational control tower unless two-way radio 
communications are maintained between that aircraft and the control 
tower. Communications must be established prior to 4 nautical miles from 
the airport, up to and including 2,500 feet AGL. However, if the 
aircraft radio fails in flight, the pilot in command may operate that 
aircraft and land if weather conditions are at or above basic VFR 
weather minimums, visual contact with the tower is maintained, and a 
clearance to land is received. If the aircraft radio fails while in 
flight under IFR, the pilot must comply with Sec. 91.185.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]



Sec. 91.127  Operating on or in the vicinity of an airport in Class E airspace.

    (a) Unless otherwise required by part 93 of this chapter or unless 
otherwise authorized or required by the ATC facility having jurisdiction 
over the Class E airspace area, each person operating an aircraft on or 
in the vicinity of an airport in a Class E airspace area must comply 
with the requirements of Sec. 91.126.
    (b) Departures. Each pilot of an aircraft must comply with any 
traffic patterns established for that airport in part 93 of this 
chapter.
    (c) Communications with control towers. Unless otherwise authorized 
or required by ATC, no person may operate an aircraft to, from, through, 
or on an airport having an operational control tower unless two-way 
radio communications are maintained between that aircraft and the 
control tower. Communications must be established prior to 4 nautical 
miles from the airport, up to and including 2,500 feet AGL. However, if 
the aircraft radio fails in flight, the pilot in command may operate 
that aircraft and land if weather conditions are at or above basic VFR 
weather minimums, visual contact with the tower is maintained, and a 
clearance to land is received. If the aircraft radio fails while in 
flight under IFR, the pilot must comply with Sec. 91.185.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-239, 
59 FR 11693, Mar. 11, 1994]



Sec. 91.129  Operations in Class D airspace.

    (a) General. Unless otherwise authorized or required by the ATC 
facility having jurisdiction over the Class D airspace area, each person 
operating an aircraft in Class D airspace must comply with the 
applicable provisions of this section. In addition, each person must 
comply with Secs. 91.126 and 91.127. For the purpose of this section, 
the primary airport is the airport for which the Class D airspace area 
is designated. A satellite airport is any other airport within the Class 
D airspace area.
    (b) Deviations. An operator may deviate from any provision of this 
section under the provisions of an ATC authorization issued by the ATC 
facility having jurisdiction over the airspace concerned. ATC may 
authorize a deviation on a continuing basis or for an individual flight, 
as appropriate.
    (c) Communications. Each person operating an aircraft in Class D 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class D airspace area; or
    (ii) From a satellite airport without an operating control tower, 
must establish and maintain two-way radio communications with the ATC 
facility having jurisdiction over the Class D airspace area as soon as 
practicable after departing.
    (d) Communications failure. Each person who operates an aircraft in 
a Class D airspace area must maintain two-way radio communications with 
the ATC facility having jurisdiction over that area.

[[Page 179]]

    (1) If the aircraft radio fails in flight under IFR, the pilot must 
comply with Sec. 91.185 of the part.
    (2) If the aircraft radio fails in flight under VFR, the pilot in 
command may operate that aircraft and land if--
    (i) Weather conditions are at or above basic VFR weather minimums;
    (ii) Visual contact with the tower is maintained; and
    (iii) A clearance to land is received.
    (e) Minimum Altitudes. When operating to an airport in Class D 
airspace, each pilot of--
    (1) A large or turbine-powered airplane shall, unless otherwise 
required by the applicable distance from cloud criteria, enter the 
traffic pattern at an altitude of at least 1,500 feet above the 
elevation of the airport and maintain at least 1,500 feet until further 
descent is required for a safe landing;
    (2) A large or turbine-powered airplane approaching to land on a 
runway served by an instrument landing system (ILS), if the airplane is 
ILS equipped, shall fly that airplane at an altitude at or above the 
glide slope between the outer marker (or point of interception of glide 
slope, if compliance with the applicable distance from cloud criteria 
requires interception closer in) and the middle marker; and
    (3) An airplane approaching to land on a runway served by a visual 
approach slope indicator shall maintain an altitude at or above the 
glide slope until a lower altitude is necessary for a safe landing.

Paragraphs (e)(2) and (e)(3) of this section do not prohibit normal 
bracketing maneuvers above or below the glide slope that are conducted 
for the purpose of remaining on the glide slope.
    (f) Approaches. Except when conducting a circling approach under 
part 97 of this chapter or unless otherwise required by ATC, each pilot 
must--
    (1) Circle the airport to the left, if operating an airplane; or
    (2) Avoid the flow of fixed-wing aircraft, if operating a 
helicopter.
    (g) Departures. No person may operate an aircraft departing from an 
airport except in compliance with the following:
    (1) Each pilot must comply with any departure procedures established 
for that airport by the FAA.
    (2) Unless otherwise required by the prescribed departure procedure 
for that airport or the applicable distance from clouds criteria, each 
pilot of a turbine-powered airplane and each pilot of a large airplane 
must climb to an altitude of 1,500 feet above the surface as rapidly as 
practicable.
    (h) Noise abatement. Where a formal runway use program has been 
established by the FAA, each pilot of a large or turbine-powered 
airplane assigned a noise abatement runway by ATC must use that runway. 
However, consistent with the final authority of the pilot in command 
concerning the safe operation of the aircraft as prescribed in 
Sec. 91.3(a), ATC may assign a different runway if requested by the 
pilot in the interest of safety.
    (i) Takeoff, landing, taxi clearance. No person may, at any airport 
with an operating control tower, operate an aircraft on a runway or 
taxiway, or take off or land an aircraft, unless an appropriate 
clearance is received from ATC. A clearance to ``taxi to'' the takeoff 
runway assigned to the aircraft is not a clearance to cross that 
assigned takeoff runway, or to taxi on that runway at any point, but is 
a clearance to cross other runways that intersect the taxi route to that 
assigned takeoff runway. A clearance to ``taxi to'' any point other than 
an assigned takeoff runway is clearance to cross all runways that 
intersect the taxi route to that point.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991, as amended by Amdt. 91-234, 
58 FR 48793, Sept. 20, 1993]



Sec. 91.130  Operations in Class C airspace.

    (a) General. Unless otherwise authorized by ATC, each aircraft 
operation in Class C airspace must be conducted in compliance with this 
section and Sec. 91.129. For the purpose of this section, the primary 
airport is the airport for which the Class C airspace area is 
designated. A satellite airport is any other airport within the Class C 
airspace area.
    (b) Traffic patterns. No person may take off or land an aircraft at 
a satellite airport within a Class C airspace area except in compliance 
with FAA arrival and departure traffic patterns.

[[Page 180]]

    (c) Communications. Each person operating an aircraft in Class C 
airspace must meet the following two-way radio communications 
requirements:
    (1) Arrival or through flight. Each person must establish two-way 
radio communications with the ATC facility (including foreign ATC in the 
case of foreign airspace designated in the United States) providing air 
traffic services prior to entering that airspace and thereafter maintain 
those communications while within that airspace.
    (2) Departing flight. Each person--
    (i) From the primary airport or satellite airport with an operating 
control tower must establish and maintain two-way radio communications 
with the control tower, and thereafter as instructed by ATC while 
operating in the Class C airspace area; or
    (ii) From a satellite airport without an operating control tower, 
must establish and maintain two-way radio communications with the ATC 
facility having jurisdiction over the Class C airspace area as soon as 
practicable after departing.
    (d) Equipment requirements. Unless otherwise authorized by the ATC 
having jurisdiction over the Class C airspace area, no person may 
operate an aircraft within a Class C airspace area designated for an 
airport unless that aircraft is equipped with the applicable equipment 
specified in Sec. 91.215.
    (e) Deviations. An operator may deviate from any provision of this 
section under the provisions of an ATC authorization issued by the ATC 
facility having jurisdiction over the airspace concerned. ATC may 
authorize a deviation on a continuing basis or for an individual flight, 
as appropriate.

[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991, as amended by Amdt. 91-232, 
58 FR 40736, July 30, 1993; Amdt. 91-239, 59 FR 11693, Mar. 11, 1994]



Sec. 91.131  Operations in Class B airspace.

    (a) Operating rules. No person may operate an aircraft within a 
Class B airspace area except in compliance with Sec. 91.129 and the 
following rules:
    (1) The operator must receive an ATC clearance from the ATC facility 
having jurisdiction for that area before operating an aircraft in that 
area.
    (2) Unless otherwise authorized by ATC, each person operating a 
large turbine engine-powered airplane to or from a primary airport for 
which a Class B airspace area is designated must operate at or above the 
designated floors of the Class B airspace area while within the lateral 
limits of that area.
    (3) Any person conducting pilot training operations at an airport 
within a Class B airspace area must comply with any procedures 
established by ATC for such operations in that area.
    (b) Pilot requirements. (1) No person may take off or land a civil 
aircraft at an airport within a Class B airspace area or operate a civil 
aircraft within a Class B airspace area unless--
    (i) The pilot in command holds at least a private pilot certificate; 
or
    (ii) The aircraft is operated by a student pilot or recreational 
pilot who seeks private pilot certification and has met the requirements 
of Sec. 61.95 of this chapter.
    (2) Notwithstanding the provisions of paragraph (b)(1)(ii) of this 
section, no person may take off or land a civil aircraft at those 
airports listed in section 4 of appendix D of this part unless the pilot 
in command holds at least a private pilot certificate.
    (c) Communications and navigation equipment requirements. Unless 
otherwise authorized by ATC, no person may operate an aircraft within a 
Class B airspace area unless that aircraft is equipped with--
    (1) For IFR operation. An operable VOR or TACAN receiver; and
    (2) For all operations. An operable two-way radio capable of 
communications with ATC on appropriate frequencies for that Class B 
airspace area.
    (d) Transponder requirements. No person may operate an aircraft in a 
Class B airspace area unless the aircraft is equipped with the 
applicable operating transponder and automatic altitude reporting 
equipment specified in paragraph (a) of Sec. 91.215, except as provided 
in paragraph (d) of that section.

[Doc. No. 24458, 56 FR 65658, Dec. 17, 1991]



Sec. 91.133  Restricted and prohibited areas.

    (a) No person may operate an aircraft within a restricted area 
(designated in

[[Page 181]]

part 73) contrary to the restrictions imposed, or within a prohibited 
area, unless that person has the permission of the using or controlling 
agency, as appropriate.
    (b) Each person conducting, within a restricted area, an aircraft 
operation (approved by the using agency) that creates the same hazards 
as the operations for which the restricted area was designated may 
deviate from the rules of this subpart that are not compatible with the 
operation of the aircraft.



Sec. 91.135  Operations in Class A airspace.

    Except as provided in paragraph (d) of this section, each person 
operating an aircraft in Class A airspace must conduct that operation 
under instrument flight rules (IFR) and in compliance with the 
following:
    (a) Clearance. Operations may be conducted only under an ATC 
clearance received prior to entering the airspace.
    (b) Communications. Unless otherwise authorized by ATC, each 
aircraft operating in Class A airspace must be equipped with a two-way 
radio capable of communicating with ATC on a frequency assigned by ATC. 
Each pilot must maintain two-way radio communications with ATC while 
operating in Class A airspace.
    (c) Transponder requirement. Unless otherwise authorized by ATC, no 
person may operate an aircraft within Class A airspace unless that 
aircraft is equipped with the applicable equipment specified in 
Sec. 91.215.
    (d) ATC authorizations. An operator may deviate from any provision 
of this section under the provisions of an ATC authorization issued by 
the ATC facility having jurisdiction of the airspace concerned. In the 
case of an inoperative transponder, ATC may immediately approve an 
operation within a Class A airspace area allowing flight to continue, if 
desired, to the airport of ultimate destination, including any 
intermediate stops, or to proceed to a place where suitable repairs can 
be made, or both. Requests for deviation from any provision of this 
section must be submitted in writing, at least 4 days before the 
proposed operation. ATC may authorize a deviation on a continuing basis 
or for an individual flight.

[Doc. No. 24458, 56 FR 65659, Dec. 17, 1991]



Sec. 91.137  Temporary flight restrictions.

    (a) The Administrator will issue a Notice to Airmen (NOTAM) 
designating an area within which temporary flight restrictions apply and 
specifying the hazard or condition requiring their imposition, whenever 
he determines it is necessary in order to--
    (1) Protect persons and property on the surface or in the air from a 
hazard associated with an incident on the surface;
    (2) Provide a safe environment for the operation of disaster relief 
aircraft; or
    (3) Prevent an unsafe congestion of sightseeing and other aircraft 
above an incident or event which may generate a high degree of public 
interest.

The Notice to Airmen will specify the hazard or condition that requires 
the imposition of temporary flight restrictions.
    (b) When a NOTAM has been issued under paragraph (a)(1) of this 
section, no person may operate an aircraft within the designated area 
unless that aircraft is participating in the hazard relief activities 
and is being operated under the direction of the official in charge of 
on scene emergency response activities.
    (c) When a NOTAM has been issued under paragraph (a)(2) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions are met:
    (1) The aircraft is participating in hazard relief activities and is 
being operated under the direction of the official in charge of on scene 
emergency response activities.
    (2) The aircraft is carrying law enforcement officials.
    (3) The aircraft is operating under the ATC approved IFR flight 
plan.
    (4) The operation is conducted directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather, or terrain; notification is given to 
the Flight Service Station (FSS) or ATC facility specified in the NOTAM 
to receive

[[Page 182]]

advisories concerning disaster relief aircraft operations; and the 
operation does not hamper or endanger relief activities and is not 
conducted for the purpose of observing the disaster.
    (5) The aircraft is carrying properly accredited news 
representatives, and, prior to entering the area, a flight plan is filed 
with the appropriate FAA or ATC facility specified in the Notice to 
Airmen and the operation is conducted above the altitude used by the 
disaster relief aircraft, unless otherwise authorized by the official in 
charge of on scene emergency response activities.
    (d) When a NOTAM has been issued under paragraph (a)(3) of this 
section, no person may operate an aircraft within the designated area 
unless at least one of the following conditions is met:
    (1) The operation is conducted directly to or from an airport within 
the area, or is necessitated by the impracticability of VFR flight above 
or around the area due to weather or terrain, and the operation is not 
conducted for the purpose of observing the incident or event.
    (2) The aircraft is operating under an ATC approved IFR flight plan.
    (3) The aircraft is carrying incident or event personnel, or law 
enforcement officials.
    (4) The aircraft is carrying properly accredited news 
representatives and, prior to entering that area, a flight plan is filed 
with the appropriate FSS or ATC facility specified in the NOTAM.
    (e) Flight plans filed and notifications made with an FSS or ATC 
facility under this section shall include the following information:
    (1) Aircraft identification, type and color.
    (2) Radio communications frequencies to be used.
    (3) Proposed times of entry of, and exit from, the designated area.
    (4) Name of news media or organization and purpose of flight.
    (5) Any other information requested by ATC.



Sec. 91.138  Temporary flight restrictions in national disaster areas in the State of Hawaii.

    (a) When the Administrator has determined, pursuant to a request and 
justification provided by the Governor of the State of Hawaii, or the 
Governor's designee, that an inhabited area within a declared national 
disaster area in the State of Hawaii is in need of protection for 
humanitarian reasons, the Administrator will issue a Notice to Airmen 
(NOTAM) designating an area within which temporary flight restrictions 
apply. The Administrator will designate the extent and duration of the 
temporary flight restrictions necessary to provide for the protection of 
persons and property on the surface.
    (b) When a NOTAM has been issued in accordance with this section, no 
person may operate an aircraft within the designated airspace unless:
    (1) That person has obtained authorization from the official in 
charge of associated emergency or disaster relief response activities, 
and is operating the aircraft under the conditions of that 
authorization;
    (2) The aircraft is carrying law enforcement officials;
    (3) The aircraft is carrying persons involved in an emergency or a 
legitimate scientific purpose;
    (4) The aircraft is carrying properly accredited newspersons, and 
that prior to entering the area, a flight plan is filed with the 
appropriate FAA or ATC facility specified in the NOTAM and the operation 
is conducted in compliance with the conditions and restrictions 
established by the official in charge of on-scene emergency response 
activities; or,
    (5) The aircraft is operating in accordance with an ATC clearance or 
instruction.
    (c) A NOTAM issued under this section is effective for 90 days or 
until the national disaster area designation is terminated, whichever 
comes first, unless terminated by notice or extended by the 
Administrator at the request of

[[Page 183]]

the Governor of the State of Hawaii or the Governor's designee.


[Doc. No. 26476, 56 FR 23178, May 20, 1991]



Sec. 91.139  Emergency air traffic rules.

    (a) This section prescribes a process for utilizing Notices to 
Airmen (NOTAMs) to advise of the issuance and operations under emergency 
air traffic rules and regulations and designates the official who is 
authorized to issue NOTAMs on behalf of the Administrator in certain 
matters under this section.
    (b) Whenever the Administrator determines that an emergency 
condition exists, or will exist, relating to the FAA's ability to 
operate the air traffic control system and during which normal flight 
operations under this chapter cannot be conducted consistent with the 
required levels of safety and efficiency--
    (1) The Administrator issues an immediately effective air traffic 
rule or regulation in response to that emergency condition; and
    (2) The Administrator or the Associate Administrator for Air Traffic 
may utilize the NOTAM system to provide notification of the issuance of 
the rule or regulation.

    Those NOTAMs communicate information concerning the rules and 
regulations that govern flight operations, the use of navigation 
facilities, and designation of that airspace in which the rules and 
regulations apply.
    (c) When a NOTAM has been issued under this section, no person may 
operate an aircraft, or other device governed by the regulation 
concerned, within the designated airspace except in accordance with the 
authorizations, terms, and conditions prescribed in the regulation 
covered by the NOTAM.



Sec. 91.141  Flight restrictions in the proximity of the Presidential and other parties.

    No person may operate an aircraft over or in the vicinity of any 
area to be visited or traveled by the President, the Vice President, or 
other public figures contrary to the restrictions established by the 
Administrator and published in a Notice to Airmen (NOTAM).



Sec. 91.143  Flight limitation in the proximity of space flight operations.

    No person may operate any aircraft of U.S. registry, or pilot any 
aircraft under the authority of an airman certificate issued by the 
Federal Aviation Administration within areas designated in a Notice to 
Airmen (NOTAM) for space flight operations except when authorized by 
ATC, or operated under the control of the Department of Defense Manager 
for Space Transportation System Contingency Support Operations.



Sec. 91.144  Temporary restriction on flight operations during abnormally high barometric pressure conditions.

    (a) Special flight restrictions. When any information indicates that 
barometric pressure on the route of flight currently exceeds or will 
exceed 31 inches of mercury, no person may operate an aircraft or 
initiate a flight contrary to the requirements established by the 
Administrator and published in a Notice to Airmen issued under this 
section.
    (b) Waivers. The Administrator is authorized to waive any 
restriction issued under paragraph (a) of this section to permit 
emergency supply, transport, or medical services to be delivered to 
isolated communities, where the operation can be conducted with an 
acceptable level of safety.

[Amdt. 91-240, 59 FR 17452, Apr. 12, 1994; 59 FR 37669, July 25, 1994]
Secs. 91.145--91.149  [Reserved]

                           Visual Flight Rules



Sec. 91.151  Fuel requirements for flight in VFR conditions.

    (a) No person may begin a flight in an airplane under VFR conditions 
unless (considering wind and forecast weather conditions) there is 
enough fuel to fly to the first point of intended landing and, assuming 
normal cruising speed--
    (1) During the day, to fly after that for at least 30 minutes; or
    (2) At night, to fly after that for at least 45 minutes.
    (b) No person may begin a flight in a rotorcraft under VFR 
conditions unless

[[Page 184]]

(considering wind and forecast weather conditions) there is enough fuel 
to fly to the first point of intended landing and, assuming normal 
cruising speed, to fly after that for at least 20 minutes.



Sec. 91.153  VFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing a VFR flight plan shall include in it the following 
information:
    (1) The aircraft identification number and, if necessary, its radio 
call sign.
    (2) The type of the aircraft or, in the case of a formation flight, 
the type of each aircraft and the number of aircraft in the formation.
    (3) The full name and address of the pilot in command or, in the 
case of a formation flight, the formation commander.
    (4) The point and proposed time of departure.
    (5) The proposed route, cruising altitude (or flight level), and 
true airspeed at that altitude.
    (6) The point of first intended landing and the estimated elapsed 
time until over that point.
    (7) The amount of fuel on board (in hours).
    (8) The number of persons in the aircraft, except where that 
information is otherwise readily available to the FAA.
    (9) Any other information the pilot in command or ATC believes is 
necessary for ATC purposes.
    (b) Cancellation. When a flight plan has been activated, the pilot 
in command, upon canceling or completing the flight under the flight 
plan, shall notify an FAA Flight Service Station or ATC facility.



Sec. 91.155  Basic VFR weather minimums.

    (a) Except as provided in paragraph (b) of this section and 
Sec. 91.157, no person may operate an aircraft under VFR when the flight 
visibility is less, or at a distance from clouds that is less, than that 
prescribed for the corresponding altitude and class of airspace in the 
following table:

------------------------------------------------------------------------
                                                          Distance from 
           Airspace                Flight visibility         clouds     
------------------------------------------------------------------------
Class A.......................  Not Applicable........  Not Applicable. 
Class B.......................  3 statute miles.......  Clear of Clouds.
Class C.......................  3 statute miles.......  500 feet below. 
                                                        1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal.    
Class D.......................  3 statute miles.......  500 feet below. 
                                                        1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal.    
Class E:                                                                
  Less than 10,000 feet MSL...  3 statute miles.......  500 feet below. 
                                                        1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal     
  At or above 10,000 feet MSL.  5 statute miles.......  1,000 feet      
                                                         below.         
                                                        1,000 feet      
                                                         above.         
                                                        1 statute mile  
                                                         horizontal.    
Class G:                                                                
  1,200 feet or less above the                                          
   surface (regardless of MSL                                           
   altitude).                                                           
Day, except as provided in      1 statute mile........  Clear of clouds.
 Sec.  91.155(b).                                                       
Night, except as provided in    3 statute miles.......  500 feet below. 
 Sec.  91.155(b).                                       1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal.    
More than 1,200 feet above the                                          
 surface but less than 10,000                                           
 feet MSL                                                               
Day...........................  1 statute mile........  500 feet below. 
                                                        1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal.    
Night.........................  3 statute miles.......  500 feet below. 
                                                        1,000 feet      
                                                         above.         
                                                        2,000 feet      
                                                         horizontal.    
More than 1,200 feet above the  5 statute miles.......  1,000 feet      
 surface and at or above                                 below.         
 10,000 feet MSL.                                       1,000 feet      
                                                         above.         
                                                        1 statute mile  
                                                         horizontal.    
------------------------------------------------------------------------

    (b) Class G Airspace. Notwithstanding the provisions of paragraph 
(a) of this section, the following operations may be conducted in Class 
G airspace below 1,200 feet above the surface:
    (1) Helicopter. A helicopter may be operated clear of clouds if 
operated at a speed that allows the pilot adequate opportunity to see 
any air traffic or obstruction in time to avoid a collision.
    (2) Airplane. When the visibility is less than 3 statute miles but 
not less than 1 statute mile during night hours, an airplane may be 
operated clear of clouds if operated in an airport traffic

[[Page 185]]

pattern within one-half mile of the runway.
    (c) Except as provided in Sec. 91.157, no person may operate an 
aircraft beneath the ceiling under VFR within the lateral boundaries of 
controlled airspace designated to the surface for an airport when the 
ceiling is less than 1,000 feet.
    (d) Except as provided in Sec. 91.157 of this part, no person may 
take off or land an aircraft, or enter the traffic pattern of an 
airport, under VFR, within the lateral boundaries of the surface areas 
of Class B, Class C, Class D, or Class E airspace designated for an 
airport--
    (1) Unless ground visibility at that airport is at least 3 statute 
miles; or
    (2) If ground visibility is not reported at that airport, unless 
flight visibility during landing or takeoff, or while operating in the 
traffic pattern is at least 3 statute miles.
    (e) For the purpose of this section, an aircraft operating at the 
base altitude of a Class E airspace area is considered to be within the 
airspace directly below that area.

[Doc. No. 24458, 56 FR 65660, Dec. 17, 1991, as amended by Amdt. 91-235, 
58 FR 51968, Oct. 5, 1993]



Sec. 91.157  Special VFR weather minimums.

    (a) Except as provided in appendix D, section 3, of this part, 
special VFR operations may be conducted under the weather minimums and 
requirements of this section, instead of those contained in Sec. 91.155, 
below 10,000 feet MSL within the airspace contained by the upward 
extension of the lateral boundaries of the controlled airspace 
designated to the surface for an airport.
    (b) Special VFR operations may only be conducted--
    (1) With an ATC clearance;
    (2) Clear of clouds;
    (3) Except for helicopters, when flight visibility is at least 1 
statute mile; and
    (4) Except for helicopters, between sunrise and sunset (or in 
Alaska, when the sun is 6 degrees or more below the horizon) unless--
    (i) The person being granted the ATC clearance meets the applicable 
requirements for instrument flight under part 61 of this chapter; and
    (ii) The aircraft is equipped as required in Sec. 91.205(d).
    (c) No person may take off or land an aircraft (other than a 
helicopter) under special VFR--
    (1) Unless ground visibility is at least 1 statute mile; or
    (2) If ground visibility is not reported, unless flight visibility 
is at least 1 statute mile.

[Amdt. 91-235, 58 FR 51968, Oct. 5, 1993, as amended by Amdt. 91-247, 60 
FR 66874, Dec. 27, 1995]



Sec. 91.159  VFR cruising altitude or flight level.

    Except while holding in a holding pattern of 2 minutes or less, or 
while turning, each person operating an aircraft under VFR in level 
cruising flight more than 3,000 feet above the surface shall maintain 
the appropriate altitude or flight level prescribed below, unless 
otherwise authorized by ATC:
    (a) When operating below 18,000 feet MSL and--
    (1) On a magnetic course of zero degrees through 179 degrees, any 
odd thousand foot MSL altitude +500 feet (such as 3,500, 5,500, or 
7,500); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
even thousand foot MSL altitude +500 feet (such as 4,500, 6,500, or 
8,500).
    (b) When operating above 18,000 feet MSL to flight level 290 
(inclusive) and--
    (1) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level +500 feet (such as 195, 215, or 235); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level +500 feet (such as 185, 205, or 225).
    (c) When operating above flight level 290 and--
    (1) On a magnetic course of zero degrees through 179 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 300 (such as flight level 300, 340, or 380); or
    (2) On a magnetic course of 180 degrees through 359 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 320 (such as flight level 320, 360, or 400).

[[Page 186]]

Secs. 91.161--91.165  [Reserved]

                         Instrument Flight Rules



Sec. 91.167  Fuel requirements for flight in IFR conditions.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a civil aircraft in IFR conditions unless it carries enough 
fuel (considering weather reports and forecasts and weather conditions) 
to--
    (1) Complete the flight to the first airport of intended landing;
    (2) Fly from that airport to the alternate airport; and
    (3) Fly after that for 45 minutes at normal cruising speed or, for 
helicopters, fly after that for 30 minutes at normal cruising speed.
    (b) Paragraph (a)(2) of this section does not apply if--
    (1) Part 97 of this chapter prescribes a standard instrument 
approach procedure for the first airport of intended landing; and
    (2) For at least 1 hour before and 1 hour after the estimated time 
of arrival at the airport, the weather reports or forecasts or any 
combination of them indicate--
    (i) The ceiling will be at least 2,000 feet above the airport 
elevation; and
    (ii) Visibility will be at least 3 statute miles.



Sec. 91.169  IFR flight plan: Information required.

    (a) Information required. Unless otherwise authorized by ATC, each 
person filing an IFR flight plan shall include in it the following 
information:
    (1) Information required under Sec. 91.153(a).
    (2) An alternate airport, except as provided in paragraph (b) of 
this section.
    (b) Exceptions to applicability of paragraph (a)(2) of this section. 
Paragraph (a)(2) of this section does not apply if part 97 of this 
chapter prescribes a standard instrument approach procedure for the 
first airport of intended landing and, for at least 1 hour before and 1 
hour after the estimated time of arrival, the weather reports or 
forecasts, or any combination of them, indicate--
    (1) The ceiling will be at least 2,000 feet above the airport 
elevation; and
    (2) The visibility will be at least 3 statute miles.
    (c) IFR alternate airport weather minimums. Unless otherwise 
authorized by the Administrator, no person may include an alternate 
airport in an IFR flight plan unless current weather forecasts indicate 
that, at the estimated time of arrival at the alternate airport, the 
ceiling and visibility at that airport will be at or above the following 
alternate airport weather minimums:
    (1) If an instrument approach procedure has been published in part 
97 of this chapter for that airport, the alternate airport minimums 
specified in that procedure or, if none are so specified, the following 
minimums:
    (i) Precision approach procedure: Ceiling 600 feet and visibility 2 
statute miles.
    (ii) Nonprecision approach procedure: Ceiling 800 feet and 
visibility 2 statute miles.
    (2) If no instrument approach procedure has been published in part 
97 of this chapter for that airport, the ceiling and visibility minimums 
are those allowing descent from the MEA, approach, and landing under 
basic VFR.
    (d) Cancellation. When a flight plan has been activated, the pilot 
in command, upon canceling or completing the flight under the flight 
plan, shall notify an FAA Flight Service Station or ATC facility.



Sec. 91.171  VOR equipment check for IFR operations.

    (a) No person may operate a civil aircraft under IFR using the VOR 
system of radio navigation unless the VOR equipment of that aircraft--
    (1) Is maintained, checked, and inspected under an approved 
procedure; or
    (2) Has been operationally checked within the preceding 30 days, and 
was found to be within the limits of the permissible indicated bearing 
error set forth in paragraph (b) or (c) of this section.
    (b) Except as provided in paragraph (c) of this section, each person 
conducting a VOR check under paragraph (a)(2) of this section shall--
    (1) Use, at the airport of intended departure, an FAA-operated or 
approved test signal or a test signal radiated by

[[Page 187]]

a certificated and appropriately rated radio repair station or, outside 
the United States, a test signal operated or approved by an appropriate 
authority to check the VOR equipment (the maximum permissible indicated 
bearing error is plus or minus 4 degrees); or
    (2) Use, at the airport of intended departure, a point on the 
airport surface designated as a VOR system checkpoint by the 
Administrator, or, outside the United States, by an appropriate 
authority (the maximum permissible bearing error is plus or minus 4 
degrees);
    (3) If neither a test signal nor a designated checkpoint on the 
surface is available, use an airborne checkpoint designated by the 
Adninistrator or, outside the United States, by an appropriate authority 
(the maximum permissible bearing error is plus or minus 6 degrees); or
    (4) If no check signal or point is available, while in flight--
    (i) Select a VOR radial that lies along the centerline of an 
established VOR airway;
    (ii) Select a prominent ground point along the selected radial 
preferably more than 20 nautical miles from the VOR ground facility and 
maneuver the aircraft directly over the point at a reasonably low 
altitude; and
    (iii) Note the VOR bearing indicated by the receiver when over the 
ground point (the maximum permissible variation between the published 
radial and the indicated bearing is 6 degrees).
    (c) If dual system VOR (units independent of each other except for 
the antenna) is installed in the aircraft, the person checking the 
equipment may check one system against the other in place of the check 
procedures specified in paragraph (b) of this section. Both systems 
shall be tuned to the same VOR ground facility and note the indicated 
bearings to that station. The maximum permissible variation between the 
two indicated bearings is 4 degrees.
    (d) Each person making the VOR operational check, as specified in 
paragraph (b) or (c) of this section, shall enter the date, place, 
bearing error, and sign the aircraft log or other record. In addition, 
if a test signal radiated by a repair station, as specified in paragraph 
(b)(1) of this section, is used, an entry must be made in the aircraft 
log or other record by the repair station certificate holder or the 
certificate holder's representative certifying to the bearing 
transmitted by the repair station for the check and the date of 
transmission.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.173  ATC clearance and flight plan required.

    No person may operate an aircraft in controlled airspace under IFR 
unless that person has--
    (a) Filed an IFR flight plan; and
    (b) Received an appropriate ATC clearance.



Sec. 91.175  Takeoff and landing under IFR.

    (a) Instrument approaches to civil airports. 
    Unless otherwise authorized by the Administrator, when an instrument 
letdown to a civil airport is necessary, each person operating an 
aircraft, except a military aircraft of the United States, shall use a 
standard instrument approach procedure prescribed for the airport in 
part 97 of this chapter.
    (b) Authorized DH or MDA. For the purpose of this section, when the 
approach procedure being used provides for and requires the use of a DH 
or MDA, the authorized DH or MDA is the highest of the following:
    (1) The DH or MDA prescribed by the approach procedure.
    (2) The DH or MDA prescribed for the pilot in command.
    (3) The DH or MDA for which the aircraft is equipped.
    (c) Operation below DH or MDA. Where a DH or MDA is applicable, no 
pilot may operate an aircraft, except a military aircraft of the United 
States, at any airport below the authorized MDA or continue an approach 
below the authorized DH unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and for operations

[[Page 188]]

conducted under part 121 or part 135 unless that descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach being used; and
    (3) Except for a Category II or Category III approach where any 
necessary visual reference requirements are specified by the 
Administrator, at least one of the following visual references for the 
intended runway is distinctly visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights.
    (d) Landing. No pilot operating an aircraft, except a military 
aircraft of the United States, may land that aircraft when the flight 
visibility is less than the visibility prescribed in the standard 
instrument approach procedure being used.
    (e) Missed approach procedures. Each pilot operating an aircraft, 
except a military aircraft of the United States, shall immediately 
execute an appropriate missed approach procedure when either of the 
following conditions exist:
    (1) Whenever the requirements of paragraph (c) of this section are 
not met at either of the following times:
    (i) When the aircraft is being operated below MDA; or
    (ii) Upon arrival at the missed approach point, including a DH where 
a DH is specified and its use is required, and at any time after that 
until touchdown.
    (2) Whenever an identifiable part of the airport is not distinctly 
visible to the pilot during a circling maneuver at or above MDA, unless 
the inability to see an identifiable part of the airport results only 
from a normal bank of the aircraft during the circling approach.
    (f) Civil airport takeoff minimums. Unless otherwise authorized by 
the Administrator, no pilot operating an aircraft under parts 121, 125, 
127, 129, or 135 of this chapter may take off from a civil airport under 
IFR unless weather conditions are at or above the weather minimum for 
IFR takeoff prescribed for that airport under part 97 of this chapter. 
If takeoff minimums are not prescribed under part 97 of this chapter for 
a particular airport, the following minimums apply to takeoffs under IFR 
for aircraft operating under those parts:
    (1) For aircraft, other than helicopters, having two engines or 
less--1 statute mile visibility.
    (2) For aircraft having more than two engines--\1/2\ statute mile 
visibility.
    (3) For helicopters--\1/2\ statute mile visibility.
    (g) Military airports. Unless otherwise prescribed by the 
Administrator, each person operating a civil aircraft under IFR into or 
out of a military airport shall comply with the instrument approach 
procedures and the takeoff and landing minimum prescribed by the 
military authority having jurisdiction of that airport.
    (h) Comparable values of RVR and ground visibility. (1) Except for 
Category II or Category III minimums, if RVR minimums for takeoff or 
landing are prescribed in an instrument approach procedure, but RVR is 
not reported for the runway of intended operation, the RVR minimum shall 
be converted to ground visibility in accordance with the table in 
paragraph (h)(2) of this section and shall be the visibility minimum for 
takeoff or landing on that runway.
    (2)

------------------------------------------------------------------------
                                                              Visibility
                         RVR (feet)                            (statute 
                                                                miles)  
------------------------------------------------------------------------
1,600......................................................        \1/4\
2,400......................................................        \1/2\
3,200......................................................        \5/8\
4,000......................................................        \3/4\
4,500......................................................        \7/8\
5,000......................................................            1
6,000......................................................       1\1/4\
------------------------------------------------------------------------


[[Page 189]]

    (i) Operations on unpublished routes and use of radar in instrument 
approach procedures. When radar is approved at certain locations for ATC 
purposes, it may be used not only for surveillance and precision radar 
approaches, as applicable, but also may be used in conjunction with 
instrument approach procedures predicated on other types of radio 
navigational aids. Radar vectors may be authorized to provide course 
guidance through the segments of an approach to the final course or fix. 
When operating on an unpublished route or while being radar vectored, 
the pilot, when an approach clearance is received, shall, in addition to 
complying with Sec. 91.177, maintain the last altitude assigned to that 
pilot until the aircraft is established on a segment of a published 
route or instrument approach procedure unless a different altitude is 
assigned by ATC. After the aircraft is so established, published 
altitudes apply to descent within each succeeding route or approach 
segment unless a different altitude is assigned by ATC. Upon reaching 
the final approach course or fix, the pilot may either complete the 
instrument approach in accordance with a procedure approved for the 
facility or continue a surveillance or precision radar approach to a 
landing.
    (j) Limitation on procedure turns. In the case of a radar vector to 
a final approach course or fix, a timed approach from a holding fix, or 
an approach for which the procedure specifies ``No PT,'' no pilot may 
make a procedure turn unless cleared to do so by ATC.
    (k) ILS components. The basic ground components of an ILS are the 
localizer, glide slope, outer marker, middle marker, and, when installed 
for use with Category II or Category III instrument approach procedures, 
an inner marker. A compass locator or precision radar may be substituted 
for the outer or middle marker. DME, VOR, or nondirectional beacon fixes 
authorized in the standard instrument approach procedure or surveillance 
radar may be substituted for the outer marker. Applicability of, and 
substitution for, the inner marker for Category II or III approaches is 
determined by the appropriate part 97 approach procedure, letter of 
authorization, or operations specification pertinent to the operations.



Sec. 91.177  Minimum altitudes for IFR operations.

    (a) Operation of aircraft at minimum altitudes. Except when 
necessary for takeoff or landing, no person may operate an aircraft 
under IFR below--
    (1) The applicable minimum altitudes prescribed in parts 95 and 97 
of this chapter; or
    (2) If no applicable minimum altitude is prescribed in those parts--
    (i) In the case of operations over an area designated as a 
mountainous area in part 95, an altitude of 2,000 feet above the highest 
obstacle within a horizontal distance of 4 nautical miles from the 
course to be flown; or
    (ii) In any other case, an altitude of 1,000 feet above the highest 
obstacle within a horizontal distance of 4 nautical miles from the 
course to be flown.

However, if both a MEA and a MOCA are prescribed for a particular route 
or route segment, a person may operate an aircraft below the MEA down 
to, but not below, the MOCA, when within 22 nautical miles of the VOR 
concerned (based on the pilot's reasonable estimate of that distance).
    (b) Climb. Climb to a higher minimum IFR altitude shall begin 
immediately after passing the point beyond which that minimum altitude 
applies, except that when ground obstructions intervene, the point 
beyond which that higher minimum altitude applies shall be crossed at or 
above the applicable MCA.



Sec. 91.179  IFR cruising altitude or flight level.

    (a) In controlled airspace. Each person operating an aircraft under 
IFR in level cruising flight in controlled airspace shall maintain the 
altitude or flight level assigned that aircraft by ATC. However, if the 
ATC clearance assigns ``VFR conditions on-top,'' that person shall 
maintain an altitude or flight level as prescribed by Sec. 91.159.
    (b) In uncontrolled airspace. Except while in a holding pattern of 2 
minutes or less or while turning, each person operating an aircraft 
under IFR in level cruising flight in uncontrolled

[[Page 190]]

airspace shall maintain an appropriate altitude as follows:
    (1) When operating below 18,000 feet MSL and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd thousand foot MSL altitude (such as 3,000, 5,000, or 7,000); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even thousand foot MSL altitude (such as 2,000, 4,000, or 6,000).
    (2) When operating at or above 18,000 feet MSL but below flight 
level 290, and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
odd flight level (such as 190, 210, or 230); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
even flight level (such as 180, 200, or 220).
    (3) When operating at flight level 290 and above, and--
    (i) On a magnetic course of zero degrees through 179 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 290 (such as flight level 290, 330, or 370); or
    (ii) On a magnetic course of 180 degrees through 359 degrees, any 
flight level, at 4,000-foot intervals, beginning at and including flight 
level 310 (such as flight level 310, 350, or 390).



Sec. 91.181  Course to be flown.

    Unless otherwise authorized by ATC, no person may operate an 
aircraft within controlled airspace under IFR except as follows:
    (a) On a Federal airway, along the centerline of that airway.
    (b) On any other route, along the direct course between the 
navigational aids or fixes defining that route. However, this section 
does not prohibit maneuvering the aircraft to pass well clear of other 
air traffic or the maneuvering of the aircraft in VFR conditions to 
clear the intended flight path both before and during climb or descent.



Sec. 91.183  IFR radio communications.

    The pilot in command of each aircraft operated under IFR in 
controlled airspace shall have a continuous watch maintained on the 
appropriate frequency and shall report by radio as soon as possible--
    (a) The time and altitude of passing each designated reporting 
point, or the reporting points specified by ATC, except that while the 
aircraft is under radar control, only the passing of those reporting 
points specifically requested by ATC need be reported;
    (b) Any unforecast weather conditions encountered; and
    (c) Any other information relating to the safety of flight.



Sec. 91.185  IFR operations: Two-way radio communications failure.

    (a) General. Unless otherwise authorized by ATC, each pilot who has 
two-way radio communications failure when operating under IFR shall 
comply with the rules of this section.
    (b) VFR conditions. If the failure occurs in VFR conditions, or if 
VFR conditions are encountered after the failure, each pilot shall 
continue the flight under VFR and land as soon as practicable.
    (c) IFR conditions. If the failure occurs in IFR conditions, or if 
paragraph (b) of this section cannot be complied with, each pilot shall 
continue the flight according to the following:
    (1) Route. (i) By the route assigned in the last ATC clearance 
received;
    (ii) If being radar vectored, by the direct route from the point of 
radio failure to the fix, route, or airway specified in the vector 
clearance;
    (iii) In the absence of an assigned route, by the route that ATC has 
advised may be expected in a further clearance; or
    (iv) In the absence of an assigned route or a route that ATC has 
advised may be expected in a further clearance, by the route filed in 
the flight plan.
    (2) Altitude. At the highest of the following altitudes or flight 
levels for the route segment being flown:
    (i) The altitude or flight level assigned in the last ATC clearance 
received;
    (ii) The minimum altitude (converted, if appropriate, to minimum 
flight level as prescribed in Sec. 91.121(c)) for IFR operations; or
    (iii) The altitude or flight level ATC has advised may be expected 
in a further clearance.
    (3) Leave clearance limit. (i) When the clearance limit is a fix 
from which an

[[Page 191]]

approach begins, commence descent or descent and approach as close as 
possible to the expect-further-clearance time if one has been received, 
or if one has not been received, as close as possible to the estimated 
time of arrival as calculated from the filed or amended (with ATC) 
estimated time en route.
    (ii) If the clearance limit is not a fix from which an approach 
begins, leave the clearance limit at the expect-further-clearance time 
if one has been received, or if none has been received, upon arrival 
over the clearance limit, and proceed to a fix from which an approach 
begins and commence descent or descent and approach as close as possible 
to the estimated time of arrival as calculated from the filed or amended 
(with ATC) estimated time en route.

[Doc. No. 18334, 54 FR 34294, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]



Sec. 91.187  Operation under IFR in controlled airspace: Malfunction reports.

    (a) The pilot in command of each aircraft operated in controlled 
airspace under IFR shall report as soon as practical to ATC any 
malfunctions of navigational, approach, or communication equipment 
occurring in flight.
    (b) In each report required by paragraph (a) of this section, the 
pilot in command shall include the--
    (1) Aircraft identification;
    (2) Equipment affected;
    (3) Degree to which the capability of the pilot to operate under IFR 
in the ATC system is impaired; and
    (4) Nature and extent of assistance desired from ATC.



Sec. 91.189  Category II and III operations: General operating rules.

    (a) No person may operate a civil aircraft in a Category II or III 
operation unless--
    (1) The flight crew of the aircraft consists of a pilot in command 
and a second in command who hold the appropriate authorizations and 
ratings prescribed in Sec. 61.3 of this chapter;
    (2) Each flight crewmember has adequate knowledge of, and 
familiarity with, the aircraft and the procedures to be used; and
    (3) The instrument panel in front of the pilot who is controlling 
the aircraft has appropriate instrumentation for the type of flight 
control guidance system that is being used.
    (b) Unless otherwise authorized by the Administrator, no person may 
operate a civil aircraft in a Category II or Category III operation 
unless each ground component required for that operation and the related 
airborne equipment is installed and operating.
    (c) Authorized DH. For the purpose of this section, when the 
approach procedure being used provides for and requires the use of a DH, 
the authorized DH is the highest of the following:
    (1) The DH prescribed by the approach procedure.
    (2) The DH prescribed for the pilot in command.
    (3) The DH for which the aircraft is equipped.
    (d) Unless otherwise authorized by the Administrator, no pilot 
operating an aircraft in a Category II or Category III approach that 
provides and requires use of a DH may continue the approach below the 
authorized decision height unless the following conditions are met:
    (1) The aircraft is in a position from which a descent to a landing 
on the intended runway can be made at a normal rate of descent using 
normal maneuvers, and where that descent rate will allow touchdown to 
occur within the touchdown zone of the runway of intended landing.
    (2) At least one of the following visual references for the intended 
runway is distinctly visible and identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The touchdown zone or touchdown zone markings.
    (vi) The touchdown zone lights.

[[Page 192]]

    (e) Unless otherwise authorized by the Administrator, each pilot 
operating an aircraft shall immediately execute an appropriate missed 
approach whenever, prior to touchdown, the requirements of paragraph (d) 
of this section are not met.
    (f) No person operating an aircraft using a Category III approach 
without decision height may land that aircraft except in accordance with 
the provisions of the letter of authorization issued by the 
Administrator.
    (g) Paragraphs (a) through (f) of this section do not apply to 
operations conducted by the holders of certificates issued under part 
121, 125, 129, or 135 of this chapter. No person may operate a civil 
aircraft in a Category II or Category III operation conducted by the 
holder of a certificate issued under part 121, 125, 129, or 135 of this 
chapter unless the operation is conducted in accordance with that 
certificate holder's operations specifications.



Sec. 91.191  Category II and Category III manual.

    (a) Except as provided in paragraph (c) of this section, after 
August 4, 1997, no person may operate a U.S.-registered civil aircraft 
in a Category II or a Category III operation unless--
    (1) There is available in the aircraft a current and approved 
Category II or Category III manual, as appropriate, for that aircraft;
    (2) The operation is conducted in accordance with the procedures, 
instructions, and limitations in the appropriate manual; and
    (3) The instruments and equipment listed in the manual that are 
required for a particular Category II or Category III operation have 
been inspected and maintained in accordance with the maintenance program 
contained in the manual.
    (b) Each operator must keep a current copy of each approved manual 
at its principal base of operations and must make each manual available 
for inspection upon request by the Administrator.
    (c) This section does not apply to operations conducted by a holder 
of a certificate issued under part 121 or part 135 of this chapter.

[Doc. No. 26933, 61 FR 34560, July 2, 1996]



Sec. 91.193  Certificate of authorization for certain Category II operations.

    The Administrator may issue a certificate of authorization 
authorizing deviations from the requirements of Secs. 91.189, 91.191, 
and 91.205(f) for the operation of small aircraft identified as Category 
A aircraft in Sec. 97.3 of this chapter in Category II operations if the 
Administrator finds that the proposed operation can be safely conducted 
under the terms of the certificate. Such authorization does not permit 
operation of the aircraft carrying persons or property for compensation 
or hire.
Secs. 91.195--91.199  [Reserved]



     Subpart C--Equipment, Instrument, and Certificate Requirements

    Source: Docket No. 18334, 54 FR 34304, Aug. 18, 1989, unless 
otherwise noted.
Sec. 91.201  [Reserved]



Sec. 91.203  Civil aircraft: Certifications required.

    (a) Except as provided in Sec. 91.715, no person may operate a civil 
aircraft unless it has within it the following:
    (1) An appropriate and current airworthiness certificate. Each U.S. 
airworthiness certificate used to comply with this subparagraph (except 
a special flight permit, a copy of the applicable operations 
specifications issued under Sec. 21.197(c) of this chapter, appropriate 
sections of the air carrier manual required by parts 121 and 135 of this 
chapter containing that portion of the operations specifications issued 
under Sec. 21.197(c), or an authorization under Sec. 91.611) must have 
on it the registration number assigned to the aircraft under part 47 of 
this chapter. However, the airworthiness certificate need not have on it 
an assigned special identification number before 10 days after that 
number is first affixed to the aircraft. A revised airworthiness 
certificate having on it an assigned special identification number, that 
has been affixed to an aircraft, may only be obtained upon application 
to an FAA Flight Standards district office.

[[Page 193]]

    (2) An effective U.S. registration certificate issued to its owner 
or, for operation within the United States, the second duplicate copy 
(pink) of the Aircraft Registration Application as provided for in 
Sec. 47.31(b), or a registration certificate issued under the laws of a 
foreign country.
    (b) No person may operate a civil aircraft unless the airworthiness 
certificate required by paragraph (a) of this section or a special 
flight authorization issued under Sec. 91.715 is displayed at the cabin 
or cockpit entrance so that it is legible to passengers or crew.
    (c) No person may operate an aircraft with a fuel tank installed 
within the passenger compartment or a baggage compartment unless the 
installation was accomplished pursuant to part 43 of this chapter, and a 
copy of FAA Form 337 authorizing that installation is on board the 
aircraft.
    (d) No person may operate a civil airplane (domestic or foreign) 
into or out of an airport in the United States unless it complies with 
the fuel venting and exhaust emissions requirements of part 34 of this 
chapter.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-218, 
55 FR 32861, Aug. 10, 1990]



Sec. 91.205  Powered civil aircraft with standard category U.S. airworthiness certificates: Instrument and equipment requirements.

    (a) General. Except as provided in paragraphs (c)(3) and (e) of this 
section, no person may operate a powered civil aircraft with a standard 
category U.S. airworthiness certificate in any operation described in 
paragraphs (b) through (f) of this section unless that aircraft contains 
the instruments and equipment specified in those paragraphs (or FAA-
approved equivalents) for that type of operation, and those instruments 
and items of equipment are in operable condition.
    (b) Visual-flight rules (day). For VFR flight during the day, the 
following instruments and equipment are required:
    (1) Airspeed indicator.
    (2) Altimeter.
    (3) Magnetic direction indicator.
    (4) Tachometer for each engine.
    (5) Oil pressure gauge for each engine using pressure system.
    (6) Temperature gauge for each liquid-cooled engine.
    (7) Oil temperature gauge for each air-cooled engine.
    (8) Manifold pressure gauge for each altitude engine.
    (9) Fuel gauge indicating the quantity of fuel in each tank.
    (10) Landing gear position indicator, if the aircraft has a 
retractable landing gear.
    (11) For small civil airplanes certificated after March 11, 1996, in 
accordance with part 23 of this chapter, an approved aviation red or 
aviation white anticollision light system. In the event of failure of 
any light of the anticollision light system, operation of the aircraft 
may continue to a location where repairs or replacement can be made.
    (12) If the aircraft is operated for hire over water and beyond 
power-off gliding distance from shore, approved flotation gear readily 
available to each occupant and at least one pyrotechnic signaling 
device. As used in this section, ``shore'' means that area of the land 
adjacent to the water which is above the high water mark and excludes 
land areas which are intermittently under water.
    (13) An approved safety belt with an approved metal-to-metal 
latching device for each occupant 2 years of age or older.
    (14) For small civil airplanes manufactured after July 18, 1978, an 
approved shoulder harness for each front seat. The shoulder harness must 
be designed to protect the occupant from serious head injury when the 
occupant experiences the ultimate inertia forces specified in 
Sec. 23.561(b)(2) of this chapter. Each shoulder harness installed at a 
flight crewmember station must permit the crewmember, when seated and 
with the safety belt and shoulder harness fastened, to perform all 
functions necessary for flight operations. For purposes of this 
paragraph--
    (i) The date of manufacture of an airplane is the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data; and
    (ii) A front seat is a seat located at a flight crewmember station 
or any seat located alongside such a seat.

[[Page 194]]

    (15) An emergency locator transmitter, if required by Sec. 91.207.
    (16) For normal, utility, and acrobatic category airplanes with a 
seating configuration, excluding pilot seats, of 9 or less, manufactured 
after December 12, 1986, a shoulder harness for--
    (i) Each front seat that meets the requirements of Sec. 23.785 (g) 
and (h) of this chapter in effect on December 12, 1985;
    (ii) Each additional seat that meets the requirements of 
Sec. 23.785(g) of this chapter in effect on December 12, 1985.
    (17) For rotorcraft manufactured after September 16, 1992, a 
shoulder harness for each seat that meets the requirements of Sec. 27.2 
or Sec. 29.2 of this chapter in effect on September 16, 1991.
    (c) Visual flight rules (night). For VFR flight at night, the 
following instruments and equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this 
section.
    (2) Approved position lights.
    (3) An approved aviation red or aviation white anticollision light 
system on all U.S.-registered civil aircraft. Anticollision light 
systems initially installed after August 11, 1971, on aircraft for which 
a type certificate was issued or applied for before August 11, 1971, 
must at least meet the anticollision light standards of part 23, 25, 27, 
or 29 of this chapter, as applicable, that were in effect on August 10, 
1971, except that the color may be either aviation red or aviation 
white. In the event of failure of any light of the anticollision light 
system, operations with the aircraft may be continued to a stop where 
repairs or replacement can be made.
    (4) If the aircraft is operated for hire, one electric landing 
light.
    (5) An adequate source of electrical energy for all installed 
electrical and radio equipment.
    (6) One spare set of fuses, or three spare fuses of each kind 
required, that are accessible to the pilot in flight.
    (d) Instrument flight rules. For IFR flight, the following 
instruments and equipment are required:
    (1) Instruments and equipment specified in paragraph (b) of this 
section, and, for night flight, instruments and equipment specified in 
paragraph (c) of this section.
    (2) Two-way radio communications system and navigational equipment 
appropriate to the ground facilities to be used.
    (3) Gyroscopic rate-of-turn indicator, except on the following 
aircraft:
    (i) Airplanes with a third attitude instrument system usable through 
flight attitudes of 360 degrees of pitch and roll and installed in 
accordance with the instrument requirements prescribed in 
Sec. 121.305(j) of this chapter; and
    (ii) Rotorcraft with a third attitude instrument system usable 
through flight attitudes of 80 degrees of pitch and 
120 degrees of roll and installed in accordance with 
Sec. 29.1303(g) of this chapter.
    (4) Slip-skid indicator.
    (5) Sensitive altimeter adjustable for barometric pressure.
    (6) A clock displaying hours, minutes, and seconds with a sweep-
second pointer or digital presentation.
    (7) Generator or alternator of adequate capacity.
    (8) Gyroscopic pitch and bank indicator (artificial horizon).
    (9) Gyroscopic direction indicator (directional gyro or equivalent).
    (e) Flight at and above 24,000 ft. MSL (FL 240). If VOR navigational 
equipment is required under paragraph (d)(2) of this section, no person 
may operate a U.S.-registered civil aircraft within the 50 states and 
the District of Columbia at or above FL 240 unless that aircraft is 
equipped with approved distance measuring equipment (DME). When DME 
required by this paragraph fails at and above FL 240, the pilot in 
command of the aircraft shall notify ATC immediately, and then may 
continue operations at and above FL 240 to the next airport of intended 
landing at which repairs or replacement of the equipment can be made.
    (f) Category II operations. The requirements for Category II 
operations are the instruments and equipment specified in--
    (1) Paragraph (d) of this section; and
    (2) Appendix A to this part.
    (g) Category III operations. The instruments and equipment required 
for Category III operations are specified in paragraph (d) of this 
section.

[[Page 195]]

    (h) Exclusions. Paragraphs (f) and (g) of this section do not apply 
to operations conducted by a holder of a certificate issued under part 
121 or part 135 of this chapter.

[Doc. No. 18334, 54 FR 34292, Aug. 18, 1989, as amended by Amdt. 91-220, 
55 FR 43310, Oct. 26, 1990; Amdt. 91-223, 56 FR 41052, Aug. 16, 1991; 
Amdt. 91-231, 57 FR 42672, Sept. 15, 1992; Amdt. 91-248, 61 FR 5171, 
Feb. 9, 1996; Amdt. 91-251, 61 FR 34560, July 2, 1996]



Sec. 91.207  Emergency locator transmitters.

    (a) Except as provided in paragraphs (e) and (f) of this section, no 
person may operate a U.S.-registered civil airplane unless--
    (1) There is attached to the airplane an approved automatic type 
emergency locator transmitter that is in operable condition for the 
following operations, except that after June 21, 1995, an emergency 
locator transmitter that meets the requirements of TSO-C91 may not be 
used for new installations:
    (i) Those operations governed by the supplemental air carrier and 
commercial operator rules of parts 121 and 125;
    (ii) Charter flights governed by the domestic and flag air carrier 
rules of part 121 of this chapter; and
    (iii) Operations governed by part 135 of this chapter; or
    (2) For operations other than those specified in paragraph (a)(1) of 
this section, there must be attached to the airplane an approved 
personal type or an approved automatic type emergency locator 
transmitter that is in operable condition, except that after June 21, 
1995, an emergency locator transmitter that meets the requirements of 
TSO-C91 may not be used for new installations.
    (b) Each emergency locator transmitter required by paragraph (a) of 
this section must be attached to the airplane in such a manner that the 
probability of damage to the transmitter in the event of crash impact is 
minimized. Fixed and deployable automatic type transmitters must be 
attached to the airplane as far aft as practicable.
    (c) Batteries used in the emergency locator transmitters required by 
paragraphs (a) and (b) of this section must be replaced (or recharged, 
if the batteries are rechargeable)--
    (1) When the transmitter has been in use for more than 1 cumulative 
hour; or
    (2) When 50 percent of their useful life (or, for rechargeable 
batteries, 50 percent of their useful life of charge) has expired, as 
established by the transmitter manufacturer under its approval.

The new expiration date for replacing (or recharging) the battery must 
be legibly marked on the outside of the transmitter and entered in the 
aircraft maintenance record. Paragraph (c)(2) of this section does not 
apply to batteries (such as water-activated batteries) that are 
essentially unaffected during probable storage intervals.
    (d) Each emergency locator transmitter required by paragraph (a) of 
this section must be inspected within 12 calendar months after the last 
inspection for--
    (1) Proper installation;
    (2) Battery corrosion;
    (3) Operation of the controls and crash sensor; and
    (4) The presence of a sufficient signal radiated from its antenna.
    (e) Notwithstanding paragraph (a) of this section, a person may--
    (1) Ferry a newly acquired airplane from the place where possession 
of it was taken to a place where the emergency locator transmitter is to 
be installed; and
    (2) Ferry an airplane with an inoperative emergency locator 
transmitter from a place where repairs or replacements cannot be made to 
a place where they can be made.

No person other than required crewmembers may be carried aboard an 
airplane being ferried under paragraph (e) of this section.
    (f) Paragraph (a) of this section does not apply to--
    (1) Turbojet-powered aircraft;
    (2) Aircraft while engaged in scheduled flights by scheduled air 
carriers;
    (3) Aircraft while engaged in training operations conducted entirely 
within a 50-nautical mile radius of the airport from which such local 
flight operations began;
    (4) Aircraft while engaged in flight operations incident to design 
and testing;

[[Page 196]]

    (5) New aircraft while engaged in flight operations incident to 
their manufacture, preparation, and delivery;
    (6) Aircraft while engaged in flight operations incident to the 
aerial application of chemicals and other substances for agricultural 
purposes;
    (7) Aircraft certificated by the Administrator for research and 
development purposes;
    (8) Aircraft while used for showing compliance with regulations, 
crew training, exhibition, air racing, or market surveys;
    (9) Aircraft equipped to carry not more than one person; and
    (10) An aircraft during any period for which the transmitter has 
been temporarily removed for inspection, repair, modification, or 
replacement, subject to the following:
    (i) No person may operate the aircraft unless the aircraft records 
contain an entry which includes the date of initial removal, the make, 
model, serial number, and reason for removing the transmitter, and a 
placard located in view of the pilot to show ``ELT not installed.''
    (ii) No person may operate the aircraft more than 90 days after the 
ELT is initially removed from the aircraft.

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-242, 
59 FR 32057, June 21, 1994; 59 FR 34578, July 6, 1994]



Sec. 91.209  Aircraft lights.

    No person may:
    (a) During the period from sunset to sunrise (or, in Alaska, during 
the period a prominent unlighted object cannot be seen from a distance 
of 3 statute miles or the sun is more than 6 degrees below the 
horizon)--
    (1) Operate an aircraft unless it has lighted position lights;
    (2) Park or move an aircraft in, or in dangerous proximity to, a 
night flight operations area of an airport unless the aircraft--
    (i) Is clearly illuminated;
    (ii) Has lighted position lights; or
    (iii) is in an area that is marked by obstruction lights;
    (3) Anchor an aircraft unless the aircraft--
    (i) Has lighted anchor lights; or
    (ii) Is in an area where anchor lights are not required on vessels; 
or
    (b) Operate an aircraft that is equipped with an anticollision light 
system, unless it has lighted anticollision lights. However, the 
anticollision lights need not be lighted when the pilot-in-command 
determines that, because of operating conditions, it would be in the 
interest of safety to turn the lights off.

[Doc. No. 27806, 61 FR 5171, Feb. 9, 1996]



Sec. 91.211  Supplemental oxygen.

    (a) General. No person may operate a civil aircraft of U.S. 
registry--
    (1) At cabin pressure altitudes above 12,500 feet (MSL) up to and 
including 14,000 feet (MSL) unless the required minimum flight crew is 
provided with and uses supplemental oxygen for that part of the flight 
at those altitudes that is of more than 30 minutes duration;
    (2) At cabin pressure altitudes above 14,000 feet (MSL) unless the 
required minimum flight crew is provided with and uses supplemental 
oxygen during the entire flight time at those altitudes; and
    (3) At cabin pressure altitudes above 15,000 feet (MSL) unless each 
occupant of the aircraft is provided with supplemental oxygen.
    (b) Pressurized cabin aircraft. (1) No person may operate a civil 
aircraft of U.S. registry with a pressurized cabin--
    (i) At flight altitudes above flight level 250 unless at least a 10-
minute supply of supplemental oxygen, in addition to any oxygen required 
to satisfy paragraph (a) of this section, is available for each occupant 
of the aircraft for use in the event that a descent is necessitated by 
loss of cabin pressurization; and
    (ii) At flight altitudes above flight level 350 unless one pilot at 
the controls of the airplane is wearing and using an oxygen mask that is 
secured and sealed and that either supplies oxygen at all times or 
automatically supplies oxygen whenever the cabin pressure altitude of 
the airplane exceeds 14,000 feet (MSL), except that the one pilot need 
not wear and use an oxygen mask while at or below flight level 410 if 
there are two pilots at the controls and each pilot has a quick-donning 
type of oxygen mask that can be placed on the face with one hand from 
the

[[Page 197]]

ready position within 5 seconds, supplying oxygen and properly secured 
and sealed.
    (2) Notwithstanding paragraph (b)(1)(ii) of this section, if for any 
reason at any time it is necessary for one pilot to leave the controls 
of the aircraft when operating at flight altitudes above flight level 
350, the remaining pilot at the controls shall put on and use an oxygen 
mask until the other pilot has returned to that crewmember's station.



Sec. 91.213  Inoperative instruments and equipment.

    (a) Except as provided in paragraph (d) of this section, no person 
may take off an aircraft with inoperative instruments or equipment 
installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that aircraft.
    (2) The aircraft has within it a letter of authorization, issued by 
the FAA Flight Standards district office having jurisdiction over the 
area in which the operator is located, authorizing operation of the 
aircraft under the Minimum Equipment List. The letter of authorization 
may be obtained by written request of the airworthiness certificate 
holder. The Minimum Equipment List and the letter of authorization 
constitute a supplemental type certificate for the aircraft.
    (3) The approved Minimum Equipment List must--
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section; and
    (ii) Provide for the operation of the aircraft with the instruments 
and equipment in an inoperable condition.
    (4) The aircraft records available to the pilot must include an 
entry describing the inoperable instruments and equipment.
    (5) The aircraft is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the letter 
authorizing the use of the list.
    (b) The following instruments and equipment may not be included in a 
Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
aircraft is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) A person authorized to use an approved Minimum Equipment List 
issued for a specific aircraft under part 121, 125, or 135 of this 
chapter shall use that Minimum Equipment List in connection with 
operations conducted with that aircraft under this part without 
additional approval requirements.
    (d) Except for operations conducted in accordance with paragraph (a) 
or (c) of this section, a person may takeoff an aircraft in operations 
conducted under this part with inoperative instruments and equipment 
without an approved Minimum Equipment List provided--
    (1) The flight operation is conducted in a--
    (i) Rotorcraft, nonturbine-powered airplane, glider, or lighter-
than-air aircraft for which a master Minimum Equipment List has not been 
developed; or
    (ii) Small rotorcraft, nonturbine-powered small airplane, glider, or 
lighter-than-air aircraft for which a Master Minimum Equipment List has 
been developed; and
    (2) The inoperative instruments and equipment are not--
    (i) Part of the VFR-day type certification instruments and equipment 
prescribed in the applicable airworthiness regulations under which the 
aircraft was type certificated;
    (ii) Indicated as required on the aircraft's equipment list, or on 
the Kinds of Operations Equipment List for the kind of flight operation 
being conducted;
    (iii) Required by Sec. 91.205 or any other rule of this part for the 
specific kind of flight operation being conducted; or
    (iv) Required to be operational by an airworthiness directive; and
    (3) The inoperative instruments and equipment are--

[[Page 198]]

    (i) Removed from the aircraft, the cockpit control placarded, and 
the maintenance recorded in accordance with Sec. 43.9 of this chapter; 
or
    (ii) Deactivated and placarded ``Inoperative.'' If deactivation of 
the inoperative instrument or equipment involves maintenance, it must be 
accomplished and recorded in accordance with part 43 of this chapter; 
and
    (4) A determination is made by a pilot, who is certificated and 
appropriately rated under part 61 of this chapter, or by a person, who 
is certificated and appropriately rated to perform maintenance on the 
aircraft, that the inoperative instrument or equipment does not 
constitute a hazard to the aircraft.
    An aircraft with inoperative instruments or equipment as provided in 
paragraph (d) of this section is considered to be in a properly altered 
condition acceptable to the Administrator.
    (e) Notwithstanding any other provision of this section, an aircraft 
with inoperable instruments or equipment may be operated under a special 
flight permit issued in accordance with Secs. 21.197 and 21.199 of this 
chapter.



Sec. 91.215  ATC transponder and altitude reporting equipment and use.

    (a) All airspace: U.S.-registered civil aircraft. For operations not 
conducted under part 121, 127 or 135 of this chapter, ATC transponder 
equipment installed must meet the performance and environmental 
requirements of any class of TSO-C74b (Mode A) or any class of TSO-C74c 
(Mode A with altitude reporting capability) as appropriate, or the 
appropriate class of TSO-C112 (Mode S).
    (b) All airspace. Unless otherwise authorized or directed by ATC, no 
person may operate an aircraft in the airspace described in paragraphs 
(b)(1) through (b)(5) of this section, unless that aircraft is equipped 
with an operable coded radar beacon transponder having either Mode 3/A 
4096 code capability, replying to Mode 3/A interrogations with the code 
specified by ATC, or a Mode S capability, replying to Mode 3/A 
interrogations with the code specified by ATC and intermode and Mode S 
interrogations in accordance with the applicable provisions specified in 
TSO C-112, and that aircraft is equipped with automatic pressure 
altitude reporting equipment having a Mode C capability that 
automatically replies to Mode C interrogations by transmitting pressure 
altitude information in 100-foot increments. This requirement applies--
    (1) All aircraft. In Class A, Class B, and Class C airspace areas;
    (2) All aircraft. In all airspace within 30 nautical miles of an 
airport listed in appendix D, section 1 of this part from the surface 
upward to 10,000 feet MSL;
    (3) Notwithstanding paragraph (b)(2) of this section, any aircraft 
which was not originally certificated with an engine-driven electrical 
system or which has not subsequently been certified with such a system 
installed, balloon or glider may conduct operations in the airspace 
within 30 nautical miles of an airport listed in appendix D, section 1 
of this part provided such operations are conducted--
    (i) Outside any Class A, Class B, or Class C airspace area; and
    (ii) Below the altitude of the ceiling of a Class B or Class C 
airspace area designated for an airport or 10,000 feet MSL, whichever is 
lower; and
    (4) All aircraft in all airspace above the ceiling and within the 
lateral boundaries of a Class B or Class C airspace area designated for 
an airport upward to 10,000 feet MSL; and
    (5) All aircraft except any aircraft which was not originally 
certificated with an engine-driven electrical system or which has not 
subsequently been certified with such a system installed, balloon, or 
glider----
    (i) In all airspace of the 48 contiguous states and the District of 
Columbia at and above 10,000 feet MSL, excluding the airspace at and 
below 2,500 feet above the surface; and
    (ii) In the airspace from the surface to 10,000 feet MSL within a 
10-nautical-mile radius of any airport listed in appendix D, section 2 
of this part, excluding the airspace below 1,200 feet outside of the 
lateral boundaries of the surface area of the airspace designated for 
that airport.
    (c) Transponder-on operation. While in the airspace as specified in 
paragraph (b) of this section or in all controlled

[[Page 199]]

airspace, each person operating an aircraft equipped with an operable 
ATC transponder maintained in accordance with Sec. 91.413 of this part 
shall operate the transponder, including Mode C equipment if installed, 
and shall reply on the appropriate code or as assigned by ATC.
    (d) ATC authorized deviations. Requests for ATC authorized 
deviations must be made to the ATC facility having jurisdiction over the 
concerned airspace within the time periods specified as follows:
    (1) For operation of an aircraft with an operating transponder but 
without operating automatic pressure altitude reporting equipment having 
a Mode C capability, the request may be made at any time.
    (2) For operation of an aircraft with an inoperative transponder to 
the airport of ultimate destination, including any intermediate stops, 
or to proceed to a place where suitable repairs can be made or both, the 
request may be made at any time.
    (3) For operation of an aircraft that is not equipped with a 
transponder, the request must be made at least one hour before the 
proposed operation.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34304, Aug. 18, 1989, as amended by Amdt. 91-221, 
56 FR 469, Jan. 4, 1991; Amdt. 91-227, 56 FR 65660, Dec. 17, 1991; Amdt. 
91-227, 7 FR 328, Jan. 3, 1992; Amdt. 91-229, 57 FR 34618, Aug. 5, 1992]



Sec. 91.217  Data correspondence between automatically reported pressure altitude data and the pilot's altitude reference.

    No person may operate any automatic pressure altitude reporting 
equipment associated with a radar beacon transponder--
    (a) When deactivation of that equipment is directed by ATC;
    (b) Unless, as installed, that equipment was tested and calibrated 
to transmit altitude data corresponding within 125 feet (on a 95 percent 
probability basis) of the indicated or calibrated datum of the altimeter 
normally used to maintain flight altitude, with that altimeter 
referenced to 29.92 inches of mercury for altitudes from sea level to 
the maximum operating altitude of the aircraft; or
    (c) Unless the altimeters and digitizers in that equipment meet the 
standards of TSO-C10b and TSO-C88, respectively.



Sec. 91.219  Altitude alerting system or device: Turbojet-powered civil airplanes.

    (a) Except as provided in paragraph (d) of this section, no person 
may operate a turbojet-powered U.S.-registered civil airplane unless 
that airplane is equipped with an approved altitude alerting system or 
device that is in operable condition and meets the requirements of 
paragraph (b) of this section.
    (b) Each altitude alerting system or device required by paragraph 
(a) of this section must be able to--
    (1) Alert the pilot--
    (i) Upon approaching a preselected altitude in either ascent or 
descent, by a sequence of both aural and visual signals in sufficient 
time to establish level flight at that preselected altitude; or
    (ii) Upon approaching a preselected altitude in either ascent or 
descent, by a sequence of visual signals in sufficient time to establish 
level flight at that preselected altitude, and when deviating above and 
below that preselected altitude, by an aural signal;
    (2) Provide the required signals from sea level to the highest 
operating altitude approved for the airplane in which it is installed;
    (3) Preselect altitudes in increments that are commensurate with the 
altitudes at which the aircraft is operated;
    (4) Be tested without special equipment to determine proper 
operation of the alerting signals; and
    (5) Accept necessary barometric pressure settings if the system or 
device operates on barometric pressure. However, for operation below 
3,000 feet AGL, the system or device need only provide one signal, 
either visual or aural, to comply with this paragraph. A radio altimeter 
may be included to provide the signal if the operator has an approved 
procedure for its use to determine DH or MDA, as appropriate.
    (c) Each operator to which this section applies must establish and 
assign

[[Page 200]]

procedures for the use of the altitude alerting system or device and 
each flight crewmember must comply with those procedures assigned to 
him.
    (d) Paragraph (a) of this section does not apply to any operation of 
an airplane that has an experimental certificate or to the operation of 
any airplane for the following purposes:
    (1) Ferrying a newly acquired airplane from the place where 
possession of it was taken to a place where the altitude alerting system 
or device is to be installed.
    (2) Continuing a flight as originally planned, if the altitude 
alerting system or device becomes inoperative after the airplane has 
taken off; however, the flight may not depart from a place where repair 
or replacement can be made.
    (3) Ferrying an airplane with any inoperative altitude alerting 
system or device from a place where repairs or replacements cannot be 
made to a place where it can be made.
    (4) Conducting an airworthiness flight test of the airplane.
    (5) Ferrying an airplane to a place outside the United States for 
the purpose of registering it in a foreign country.
    (6) Conducting a sales demonstration of the operation of the 
airplane.
    (7) Training foreign flight crews in the operation of the airplane 
before ferrying it to a place outside the United States for the purpose 
of registering it in a foreign country.



Sec. 91.221  Traffic alert and collision avoidance system equipment and use.

    (a) All airspace: U.S.-registered civil aircraft. Any traffic alert 
and collision avoidance system installed in a U.S.-registered civil 
aircraft must be approved by the Administrator.
    (b) Traffic alert and collision avoidance system, operation 
required. Each person operating an aircraft equipped with an operable 
traffic alert and collision avoidance system shall have that system on 
and operating.
Secs. 91.223--91.299  [Reserved]



                  Subpart D--Special Flight Operations

    Source: Docket No. 18334, 54 FR 34308, Aug. 18, 1989, unless 
otherwise noted.
Sec. 91.301  [Reserved]



Sec. 91.303  Aerobatic flight.

    No person may operate an aircraft in aerobatic flight--
    (a) Over any congested area of a city, town, or settlement;
    (b) Over an open air assembly of persons;
    (c) Within the lateral boundaries of the surface areas of Class B, 
Class C, Class D, or Class E airspace designated for an airport;
    (d) Within 4 nautical miles of the center line of any Federal 
airway;
    (e) Below an altitude of 1,500 feet above the surface; or
    (f) When flight visibility is less than 3 statute miles.

For the purposes of this section, aerobatic flight means an intentional 
maneuver involving an abrupt change in an aircraft's attitude, an 
abnormal attitude, or abnormal acceleration, not necessary for normal 
flight.

[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec. 91.305  Flight test areas.

    No person may flight test an aircraft except over open water, or 
sparsely populated areas, having light air traffic.



Sec. 91.307  Parachutes and parachuting.

    (a) No pilot of a civil aircraft may allow a parachute that is 
available for emergency use to be carried in that aircraft unless it is 
an approved type and--
    (1) If a chair type (canopy in back), it has been packed by a 
certificated and appropriately rated parachute rigger within the 
preceding 120 days; or
    (2) If any other type, it has been packed by a certificated and 
appropriately rated parachute rigger--

[[Page 201]]

    (i) Within the preceding 120 days, if its canopy, shrouds, and 
harness are composed exclusively of nylon, rayon, or other similar 
synthetic fiber or materials that are substantially resistant to damage 
from mold, mildew, or other fungi and other rotting agents propagated in 
a moist environment; or
    (ii) Within the preceding 60 days, if any part of the parachute is 
composed of silk, pongee, or other natural fiber, or materials not 
specified in paragraph (a)(2)(i) of this section.
    (b) Except in an emergency, no pilot in command may allow, and no 
person may make, a parachute jump from an aircraft within the United 
States except in accordance with part 105.
    (c) Unless each occupant of the aircraft is wearing an approved 
parachute, no pilot of a civil aircraft carrying any person (other than 
a crewmember) may execute any intentional maneuver that exceeds--
    (1) A bank of 60 degrees relative to the horizon; or
    (2) A nose-up or nose-down attitude of 30 degrees relative to the 
horizon.
    (d) Paragraph (c) of this section does not apply to--
    (1) Flight tests for pilot certification or rating; or
    (2) Spins and other flight maneuvers required by the regulations for 
any certificate or rating when given by--
    (i) A certificated flight instructor; or
    (ii) An airline transport pilot instructing in accordance with 
Sec. 61.169 of this chapter.
    (e) For the purposes of this section, approved parachute means--
    (1) A parachute manufactured under a type certificate or a technical 
standard order (C-23 series); or
    (2) A personnel-carrying military parachute identified by an NAF, 
AAF, or AN drawing number, an AAF order number, or any other military 
designation or specification number.



Sec. 91.309  Towing: Gliders.

    (a) No person may operate a civil aircraft towing a glider unless--
    (1) The pilot in command of the towing aircraft is qualified under 
Sec. 61.69 of this chapter;
    (2) The towing aircraft is equipped with a tow-hitch of a kind, and 
installed in a manner, that is approved by the Administrator;
    (3) The towline used has breaking strength not less than 80 percent 
of the maximum certificated operating weight of the glider and not more 
than twice this operating weight. However, the towline used may have a 
breaking strength more than twice the maximum certificated operating 
weight of the glider if--
    (i) A safety link is installed at the point of attachment of the 
towline to the glider with a breaking strength not less than 80 percent 
of the maximum certificated operating weight of the glider and not 
greater than twice this operating weight.
    (ii) A safety link is installed at the point of attachment of the 
towline to the towing aircraft with a breaking strength greater, but not 
more than 25 percent greater, than that of the safety link at the towed 
glider end of the towline and not greater than twice the maximum 
certificated operating weight of the glider;
    (4) Before conducting any towing operation within the lateral 
boundaries of the surface areas of Class B, Class C, Class D, or Class E 
airspace designated for an airport, or before making each towing flight 
within such controlled airspace if required by ATC, the pilot in command 
notifies the control tower. If a control tower does not exist or is not 
in operation, the pilot in command must notify the FAA flight service 
station serving that controlled airspace before conducting any towing 
operations in that airspace; and
    (5) The pilots of the towing aircraft and the glider have agreed 
upon a general course of action, including takeoff and release signals, 
airspeeds, and emergency procedures for each pilot.
    (b) No pilot of a civil aircraft may intentionally release a 
towline, after release of a glider, in a manner that endangers the life 
or property of another.

[Doc. No. 18834, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec. 91.311  Towing: Other than under Sec. 91.309.

    No pilot of a civil aircraft may tow anything with that aircraft 
(other than under Sec. 91.309) except in accordance

[[Page 202]]

with the terms of a certificate of waiver issued by the Administrator.



Sec. 91.313  Restricted category civil aircraft: Operating limitations.

    (a) No person may operate a restricted category civil aircraft--
    (1) For other than the special purpose for which it is certificated; 
or
    (2) In an operation other than one necessary to accomplish the work 
activity directly associated with that special purpose.
    (b) For the purpose of paragraph (a) of this section, operating a 
restricted category civil aircraft to provide flight crewmember training 
in a special purpose operation for which the aircraft is certificated is 
considered to be an operation for that special purpose.
    (c) No person may operate a restricted category civil aircraft 
carrying persons or property for compensation or hire. For the purposes 
of this paragraph, a special purpose operation involving the carriage of 
persons or material necessary to accomplish that operation, such as crop 
dusting, seeding, spraying, and banner towing (including the carrying of 
required persons or material to the location of that operation), and 
operation for the purpose of providing flight crewmember training in a 
special purpose operation, are not considered to be the carriage of 
persons or property for compensation or hire.
    (d) No person may be carried on a restricted category civil aircraft 
unless that person--
    (1) Is a flight crewmember;
    (2) Is a flight crewmember trainee;
    (3) Performs an essential function in connection with a special 
purpose operation for which the aircraft is certificated; or
    (4) Is necessary to accomplish the work activity directly associated 
with that special purpose.
    (e) Except when operating in accordance with the terms and 
conditions of a certificate of waiver or special operating limitations 
issued by the Administrator, no person may operate a restricted category 
civil aircraft within the United States--
    (1) Over a densely populated area;
    (2) In a congested airway; or
    (3) Near a busy airport where passenger transport operations are 
conducted.
    (f) This section does not apply to nonpassenger-carrying civil 
rotorcraft external-load operations conducted under part 133 of this 
chapter.
    (g) No person may operate a small restricted-category civil airplane 
manufactured after July 18, 1978, unless an approved shoulder harness is 
installed for each front seat. The shoulder harness must be designed to 
protect each occupant from serious head injury when the occupant 
experiences the ultimate inertia forces specified in Sec. 23.561(b)(2) 
of this chapter. The shoulder harness installation at each flight 
crewmember station must permit the crewmember, when seated and with the 
safety belt and shoulder harness fastened, to perform all functions 
necessary for flight operation. For purposes of this paragraph--
    (1) The date of manufacture of an airplane is the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data; and
    (2) A front seat is a seat located at a flight crewmember station or 
any seat located alongside such a seat.



Sec. 91.315  Limited category civil aircraft: Operating limitations.

    No person may operate a limited category civil aircraft carrying 
persons or property for compensation or hire.



Sec. 91.317  Provisionally certificated civil aircraft: Operating limitations.

    (a) No person may operate a provisionally certificated civil 
aircraft unless that person is eligible for a provisional airworthiness 
certificate under Sec. 21.213 of this chapter.
    (b) No person may operate a provisionally certificated civil 
aircraft outside the United States unless that person has specific 
authority to do so from the Administrator and each foreign country 
involved.
    (c) Unless otherwise authorized by the Director, Flight Standards 
Service, no person may operate a provisionally certificated civil 
aircraft in air transportation.

[[Page 203]]

    (d) Unless otherwise authorized by the Administrator, no person may 
operate a provisionally certificated civil aircraft except--
    (1) In direct conjunction with the type or supplemental type 
certification of that aircraft;
    (2) For training flight crews, including simulated air carrier 
operations;
    (3) Demonstration flight by the manufacturer for prospective 
purchasers;
    (4) Market surveys by the manufacturer;
    (5) Flight checking of instruments, accessories, and equipment that 
do not affect the basic airworthiness of the aircraft; or
    (6) Service testing of the aircraft.
    (e) Each person operating a provisionally certificated civil 
aircraft shall operate within the prescribed limitations displayed in 
the aircraft or set forth in the provisional aircraft flight manual or 
other appropriate document. However, when operating in direct 
conjunction with the type or supplemental type certification of the 
aircraft, that person shall operate under the experimental aircraft 
limitations of Sec. 21.191 of this chapter and when flight testing, 
shall operate under the requirements of Sec. 91.305 of this part.
    (f) Each person operating a provisionally certificated civil 
aircraft shall establish approved procedures for--
    (1) The use and guidance of flight and ground personnel in operating 
under this section; and
    (2) Operating in and out of airports where takeoffs or approaches 
over populated areas are necessary. No person may operate that aircraft 
except in compliance with the approved procedures.
    (g) Each person operating a provisionally certificated civil 
aircraft shall ensure that each flight crewmember is properly 
certificated and has adequate knowledge of, and familiarity with, the 
aircraft and procedures to be used by that crewmember.
    (h) Each person operating a provisionally certificated civil 
aircraft shall maintain it as required by applicable regulations and as 
may be specially prescribed by the Administrator.
    (i) Whenever the manufacturer, or the Administrator, determines that 
a change in design, construction, or operation is necessary to ensure 
safe operation, no person may operate a provisionally certificated civil 
aircraft until that change has been made and approved. Section 21.99 of 
this chapter applies to operations under this section.
    (j) Each person operating a provisionally certificated civil 
aircraft--
    (1) May carry in that aircraft only persons who have a proper 
interest in the operations allowed by this section or who are 
specifically authorized by both the manufacturer and the Administrator; 
and
    (2) Shall advise each person carried that the aircraft is 
provisionally certificated.
    (k) The Administrator may prescribe additional limitations or 
procedures that the Administrator considers necessary, including 
limitations on the number of persons who may be carried in the aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]



Sec. 91.319  Aircraft having experimental certificates: Operating limitations.

    (a) No person may operate an aircraft that has an experimental 
certificate--
    (1) For other than the purpose for which the certificate was issued; 
or
    (2) Carrying persons or property for compensation or hire.
    (b) No person may operate an aircraft that has an experimental 
certificate outside of an area assigned by the Administrator until it is 
shown that--
    (1) The aircraft is controllable throughout its normal range of 
speeds and throughout all the maneuvers to be executed; and
    (2) The aircraft has no hazardous operating characteristics or 
design features.
    (c) Unless otherwise authorized by the Administrator in special 
operating limitations, no person may operate an aircraft that has an 
experimental certificate over a densely populated area or in a congested 
airway. The Administrator may issue special operating limitations for 
particular aircraft to permit takeoffs and landings to be conducted over 
a densely populated area or in a congested airway, in accordance

[[Page 204]]

with terms and conditions specified in the authorization in the interest 
of safety in air commerce.
    (d) Each person operating an aircraft that has an experimental 
certificate shall--
    (1) Advise each person carried of the experimental nature of the 
aircraft;
    (2) Operate under VFR, day only, unless otherwise specifically 
authorized by the Administrator; and
    (3) Notify the control tower of the experimental nature of the 
aircraft when operating the aircraft into or out of airports with 
operating control towers.
    (e) The Administrator may prescribe additional limitations that the 
Administrator considers necessary, including limitations on the persons 
that may be carried in the aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.321  Carriage of candidates in Federal elections.

    (a) An aircraft operator, other than one operating an aircraft under 
the rules of part 121, 125, or 135 of this chapter, may receive payment 
for the carriage of a candidate in a Federal election, an agent of the 
candidate, or a person traveling on behalf of the candidate, if--
    (1) That operator's primary business is not as an air carrier or 
commercial operator;
    (2) The carriage is conducted under the rules of this part 91; and
    (3) The payment for the carriage is required, and does not exceed 
the amount required to be paid, by regulations of the Federal Election 
Commission (11 CFR et seq.).
    (b) For the purposes of this section, the terms candidate and 
election have the same meaning as that set forth in the regulations of 
the Federal Election Commission.



Sec. 91.323  Increased maximum certificated weights for certain airplanes operated in Alaska.

    (a) Notwithstanding any other provision of the Federal Aviation 
Regulations, the Administrator will approve, as provided in this 
section, an increase in the maximum certificated weight of an airplane 
type certificated under Aeronautics Bulletin No. 7-A of the U.S. 
Department of Commerce dated January 1, 1931, as amended, or under the 
normal category of part 4a of the former Civil Air Regulations (14 CFR 
part 4a, 1964 ed.) if that airplane is operated in the State of Alaska 
by--
    (1) An air taxi operator or other air carrier; or
    (2) The U.S. Department of Interior in conducting its game and fish 
law enforcement activities or its management, fire detection, and fire 
suppression activities concerning public lands.
    (b) The maximum certificated weight approved under this section may 
not exceed--
    (1) 12,500 pounds;
    (2) 115 percent of the maximum weight listed in the FAA aircraft 
specifications;
    (3) The weight at which the airplane meets the positive maneuvering 
load factor requirement for the normal category specified in Sec. 23.337 
of this chapter; or
    (4) The weight at which the airplane meets the climb performance 
requirements under which it was type certificated.
    (c) In determining the maximum certificated weight, the 
Administrator considers the structural soundness of the airplane and the 
terrain to be traversed.
    (d) The maximum certificated weight determined under this section is 
added to the airplane's operation limitations and is identified as the 
maximum weight authorized for operations within the State of Alaska.

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]



Sec. 91.325  Primary category aircraft: Operating limitations.

    (a) No person may operate a primary category aircraft carrying 
persons or property for compensation or hire.
    (b) No person may operate a primary category aircraft that is 
maintained by the pilot-owner under an approved special inspection and 
maintenance program except--
    (1) The pilot-owner; or
    (2) A designee of the pilot-owner, provided that the pilot-owner 
does not receive compensation for the use of the aircraft.

[Doc. No. 23345, 57 FR 41370, Sept. 9, 1992]

[[Page 205]]

Secs. 91.326--91.399  [Reserved]



     Subpart E--Maintenance, Preventive Maintenance, and Alterations

    Source: Docket No. 18334, 54 FR 34311, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.401  Applicability.

    (a) This subpart prescribes rules governing the maintenance, 
preventive maintenance, and alterations of U.S.-registered civil 
aircraft operating within or outside of the United States.
    (b) Sections 91.405, 91.409, 91.411, 91.417, and 91.419 of this 
subpart do not apply to an aircraft maintained in accordance with a 
continuous airworthiness maintenance program as provided in part 121, 
127, 129, or Sec. 135.411(a)(2) of this chapter.
    (c) Sections 91.405 and 91.409 of this part do not apply to an 
airplane inspected in accordance with part 125 of this chapter.



Sec. 91.403  General.

    (a) The owner or operator of an aircraft is primarily responsible 
for maintaining that aircraft in an airworthy condition, including 
compliance with part 39 of this chapter.
    (b) No person may perform maintenance, preventive maintenance, or 
alterations on an aircraft other than as prescribed in this subpart and 
other applicable regulations, including part 43 of this chapter.
    (c) No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has been 
issued that contains an airworthiness limitations section unless the 
mandatory replacement times, inspection intervals, and related 
procedures specified in that section or alternative inspection intervals 
and related procedures set forth in an operations specification approved 
by the Administrator under part 121, 127 or 135 of this chapter or in 
accordance with an inspection program approved under Sec. 91.409(e) have 
been complied with.



Sec. 91.405  Maintenance required.

    Each owner or operator of an aircraft--
    (a) Shall have that aircraft inspected as prescribed in subpart E of 
this part and shall between required inspections, except as provided in 
paragraph (c) of this section, have discrepancies repaired as prescribed 
in part 43 of this chapter;
    (b) Shall ensure that maintenance personnel make appropriate entries 
in the aircraft maintenance records indicating the aircraft has been 
approved for return to service;
    (c) Shall have any inoperative instrument or item of equipment, 
permitted to be inoperative by Sec. 91.213(d)(2) of this part, repaired, 
replaced, removed, or inspected at the next required inspection; and
    (d) When listed discrepancies include inoperative instruments or 
equipment, shall ensure that a placard has been installed as required by 
Sec. 43.11 of this chapter.



Sec. 91.407  Operation after maintenance, preventive maintenance, rebuilding, or alteration.

    (a) No person may operate any aircraft that has undergone 
maintenance, preventive maintenance, rebuilding, or alteration unless--
    (1) It has been approved for return to service by a person 
authorized under Sec. 43.7 of this chapter; and
    (2) The maintenance record entry required by Sec. 43.9 or 
Sec. 43.11, as applicable, of this chapter has been made.
    (b) No person may carry any person (other than crewmembers) in an 
aircraft that has been maintained, rebuilt, or altered in a manner that 
may have appreciably changed its flight characteristics or substantially 
affected its operation in flight until an appropriately rated pilot with 
at least a private pilot certificate flies the aircraft, makes an 
operational check of the maintenance performed or alteration made, and 
logs the flight in the aircraft records.
    (c) The aircraft does not have to be flown as required by paragraph 
(b) of this section if, prior to flight, ground tests, inspection, or 
both show conclusively that the maintenance, preventive maintenance, 
rebuilding, or alteration has not appreciably changed the flight 
characteristics or substantially

[[Page 206]]

affected the flight operation of the aircraft.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.409  Inspections.

    (a) Except as provided in paragraph (c) of this section, no person 
may operate an aircraft unless, within the preceding 12 calendar months, 
it has had--
    (1) An annual inspection in accordance with part 43 of this chapter 
and has been approved for return to service by a person authorized by 
Sec. 43.7 of this chapter; or
    (2) An inspection for the issuance of an airworthiness certificate 
in accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be 
substituted for any inspection required by this paragraph unless it is 
performed by a person authorized to perform annual inspections and is 
entered as an ``annual'' inspection in the required maintenance records.
    (b) Except as provided in paragraph (c) of this section, no person 
may operate an aircraft carrying any person (other than a crewmember) 
for hire, and no person may give flight instruction for hire in an 
aircraft which that person provides, unless within the preceding 100 
hours of time in service the aircraft has received an annual or 100-hour 
inspection and been approved for return to service in accordance with 
part 43 of this chapter or has received an inspection for the issuance 
of an airworthiness certificate in accordance with part 21 of this 
chapter. The 100-hour limitation may be exceeded by not more than 10 
hours while en route to reach a place where the inspection can be done. 
The excess time used to reach a place where the inspection can be done 
must be included in computing the next 100 hours of time in service.
    (c) Paragraphs (a) and (b) of this section do not apply to--
    (1) An aircraft that carries a special flight permit, a current 
experimental certificate, or a provisional airworthiness certificate;
    (2) An aircraft inspected in accordance with an approved aircraft 
inspection program under part 125, 127, or 135 of this chapter and so 
identified by the registration number in the operations specifications 
of the certificate holder having the approved inspection program;
    (3) An aircraft subject to the requirements of paragraph (d) or (e) 
of this section; or
    (4) Turbine-powered rotorcraft when the operator elects to inspect 
that rotorcraft in accordance with paragraph (e) of this section.
    (d) Progressive inspection. Each registered owner or operator of an 
aircraft desiring to use a progressive inspection program must submit a 
written request to the FAA Flight Standards district office having 
jurisdiction over the area in which the applicant is located, and shall 
provide--
    (1) A certificated mechanic holding an inspection authorization, a 
certificated airframe repair station, or the manufacturer of the 
aircraft to supervise or conduct the progressive inspection;
    (2) A current inspection procedures manual available and readily 
understandable to pilot and maintenance personnel containing, in 
detail--
    (i) An explanation of the progressive inspection, including the 
continuity of inspection responsibility, the making of reports, and the 
keeping of records and technical reference material;
    (ii) An inspection schedule, specifying the intervals in hours or 
days when routine and detailed inspections will be performed and 
including instructions for exceeding an inspection interval by not more 
than 10 hours while en route and for changing an inspection interval 
because of service experience;
    (iii) Sample routine and detailed inspection forms and instructions 
for their use; and
    (iv) Sample reports and records and instructions for their use;
    (3) Enough housing and equipment for necessary disassembly and 
proper inspection of the aircraft; and
    (4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for 
the complete inspection of the aircraft within each 12 calendar months 
and be consistent with the manufacturer's recommendations, field service 
experience, and the kind of operation in

[[Page 207]]

which the aircraft is engaged. The progressive inspection schedule must 
ensure that the aircraft, at all times, will be airworthy and will 
conform to all applicable FAA aircraft specifications, type certificate 
data sheets, airworthiness directives, and other approved data. If the 
progressive inspection is discontinued, the owner or operator shall 
immediately notify the local FAA Flight Standards district office, in 
writing, of the discontinuance. After the discontinuance, the first 
annual inspection under Sec. 91.409(a)(1) is due within 12 calendar 
months after the last complete inspection of the aircraft under the 
progressive inspection. The 100-hour inspection under Sec. 91.409(b) is 
due within 100 hours after that complete inspection. A complete 
inspection of the aircraft, for the purpose of determining when the 
annual and 100-hour inspections are due, requires a detailed inspection 
of the aircraft and all its components in accordance with the 
progressive inspection. A routine inspection of the aircraft and a 
detailed inspection of several components is not considered to be a 
complete inspection.
    (e) Large airplanes (to which part 125 is not applicable), turbojet 
multiengine airplanes, turbopropeller-powered multiengine airplanes, and 
turbine-powered rotorcraft. No person may operate a large airplane, 
turbojet multiengine airplane, turbopropeller-powered multiengine 
airplane, or turbine-powered rotorcraft unless the replacement times for 
life-limited parts specified in the aircraft specifications, type data 
sheets, or other documents approved by the Administrator are complied 
with and the airplane or turbine-powered rotorcraft, including the 
airframe, engines, propellers, rotors, appliances, survival equipment, 
and emergency equipment, is inspected in accordance with an inspection 
program selected under the provisions of paragraph (f) of this section, 
except that, the owner or operator of a turbine-powered rotorcraft may 
elect to use the inspection provisions of Sec. 91.409(a), (b), (c), or 
(d) in lieu of an inspection option of Sec. 91.409(f).
    (f) Selection of inspection program under paragraph (e) of this 
section. The registered owner or operator of each airplane or turbine-
powered rotorcraft described in paragraph (e) of this section must 
select, identify in the aircraft maintenance records, and use one of the 
following programs for the inspection of the aircraft:
    (1) A continuous airworthiness inspection program that is part of a 
continuous airworthiness maintenance program currently in use by a 
person holding an air carrier operating certificate or an operating 
certificate issued under part 121, 127, or 135 of this chapter and 
operating that make and model aircraft under part 121 of this chapter or 
operating that make and model under part 135 of this chapter and 
maintaining it under Sec. 135.411(a)(2) of this chapter.
    (2) An approved aircraft inspection program approved under 
Sec. 135.419 of this chapter and currently in use by a person holding an 
operating certificate issued under part 135 of this chapter.
    (3) A current inspection program recommended by the manufacturer.
    (4) Any other inspection program established by the registered owner 
or operator of that airplane or turbine-powered rotorcraft and approved 
by the Administrator under paragraph (g) of this section. However, the 
Administrator may require revision of this inspection program in 
accordance with the provisions of Sec. 91.415.

Each operator shall include in the selected program the name and address 
of the person responsible for scheduling the inspections required by the 
program and make a copy of that program available to the person 
performing inspections on the aircraft and, upon request, to the 
Administrator.
    (g) Inspection program approved under paragraph (e) of this section. 
Each operator of an airplane or turbine-powered rotorcraft desiring to 
establish or change an approved inspection program under paragraph 
(f)(4) of this section must submit the program for approval to the local 
FAA Flight Standards district office having jurisdiction over the area 
in which the aircraft is based. The program must be in writing and 
include at least the following information:
    (1) Instructions and procedures for the conduct of inspections for 
the particular make and model airplane or turbine-powered rotorcraft, 
including

[[Page 208]]

necessary tests and checks. The instructions and procedures must set 
forth in detail the parts and areas of the airframe, engines, 
propellers, rotors, and appliances, including survival and emergency 
equipment required to be inspected.
    (2) A schedule for performing the inspections that must be performed 
under the program expressed in terms of the time in service, calendar 
time, number of system operations, or any combination of these.
    (h) Changes from one inspection program to another. When an operator 
changes from one inspection program under paragraph (f) of this section 
to another, the time in service, calendar times, or cycles of operation 
accumulated under the previous program must be applied in determining 
inspection due times under the new program.

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34311, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989]



Sec. 91.411  Altimeter system and altitude reporting equipment tests and inspections.

    (a) No person may operate an airplane, or helicopter, in controlled 
airspace under IFR unless--
    (1) Within the preceding 24 calendar months, each static pressure 
system, each altimeter instrument, and each automatic pressure altitude 
reporting system has been tested and inspected and found to comply with 
appendix E of part 43 of this chapter;
    (2) Except for the use of system drain and alternate static pressure 
valves, following any opening and closing of the static pressure system, 
that system has been tested and inspected and found to comply with 
paragraph (a), appendices E and F, of part 43 of this chapter; and
    (3) Following installation or maintenance on the automatic pressure 
altitude reporting system of the ATC transponder where data 
correspondence error could be introduced, the integrated system has been 
tested, inspected, and found to comply with paragraph (c), appendix E, 
of part 43 of this chapter.
    (b) The tests required by paragraph (a) of this section must be 
conducted by--
    (1) The manufacturer of the airplane, or helicopter, on which the 
tests and inspections are to be performed;
    (2) A certificated repair station properly equipped to perform those 
functions and holding--
    (i) An instrument rating, Class I;
    (ii) A limited instrument rating appropriate to the make and model 
of appliance to be tested;
    (iii) A limited rating appropriate to the test to be performed;
    (iv) An airframe rating appropriate to the airplane, or helicopter, 
to be tested; or
    (v) A limited rating for a manufacturer issued for the appliance in 
accordance with Sec. 145.101(b)(4) of this chapter; or
    (3) A certificated mechanic with an airframe rating (static pressure 
system tests and inspections only).
    (c) Altimeter and altitude reporting equipment approved under 
Technical Standard Orders are considered to be tested and inspected as 
of the date of their manufacture.
    (d) No person may operate an airplane, or helicopter, in controlled 
airspace under IFR at an altitude above the maximum altitude at which 
all altimeters and the automatic altitude reporting system of that 
airplane, or helicopter, have been tested.



Sec. 91.413  ATC transponder tests and inspections.

    (a) No persons may use an ATC transponder that is specified in 
91.215(a), 121.345(c), 127.123(b), or Sec. 135.143(c) of this chapter 
unless, within the preceding 24 calendar months, the ATC transponder has 
been tested and inspected and found to comply with appendix F of part 43 
of this chapter; and
    (b) Following any installation or maintenance on an ATC transponder 
where data correspondence error could be introduced, the integrated 
system has been tested, inspected, and found to comply with paragraph 
(c), appendix E, of part 43 of this chapter.
    (c) The tests and inspections specified in this section must be 
conducted by--

[[Page 209]]

    (1) A certificated repair station properly equipped to perform those 
functions and holding--
    (i) A radio rating, Class III;
    (ii) A limited radio rating appropriate to the make and model 
transponder to be tested;
    (iii) A limited rating appropriate to the test to be performed;
    (iv) A limited rating for a manufacturer issued for the transponder 
in accordance with Sec. 145.101(b)(4) of this chapter; or
    (2) A holder of a continuous airworthiness maintenance program as 
provided in part 121, 127 or Sec. 135.411(a)(2) of this chapter; or
    (3) The manufacturer of the aircraft on which the transponder to be 
tested is installed, if the transponder was installed by that 
manufacturer.



Sec. 91.415  Changes to aircraft inspection programs.

    (a) Whenever the Administrator finds that revisions to an approved 
aircraft inspection program under Sec. 91.409(f)(4) are necessary for 
the continued adequacy of the program, the owner or operator shall, 
after notification by the Administrator, make any changes in the program 
found to be necessary by the Administrator.
    (b) The owner or operator may petition the Administrator to 
reconsider the notice to make any changes in a program in accordance 
with paragraph (a) of this section.
    (c) The petition must be filed with the FAA Flight Standards 
district office which requested the change to the program within 30 days 
after the certificate holder receives the notice.
    (d) Except in the case of an emergency requiring immediate action in 
the interest of safety, the filing of the petition stays the notice 
pending a decision by the Administrator.



Sec. 91.417  Maintenance records.

    (a) Except for work performed in accordance with Secs. 91.411 and 
91.413, each registered owner or operator shall keep the following 
records for the periods specified in paragraph (b) of this section:
    (1) Records of the maintenance, preventive maintenance, and 
alteration and records of the 100-hour, annual, progressive, and other 
required or approved inspections, as appropriate, for each aircraft 
(including the airframe) and each engine, propeller, rotor, and 
appliance of an aircraft. The records must include--
    (i) A description (or reference to data acceptable to the 
Administrator) of the work performed; and
    (ii) The date of completion of the work performed; and
    (iii) The signature, and certificate number of the person approving 
the aircraft for return to service.
    (2) Records containing the following information:
    (i) The total time in service of the airframe, each engine, each 
propeller, and each rotor.
    (ii) The current status of life-limited parts of each airframe, 
engine, propeller, rotor, and appliance.
    (iii) The time since last overhaul of all items installed on the 
aircraft which are required to be overhauled on a specified time basis.
    (iv) The current inspection status of the aircraft, including the 
time since the last inspection required by the inspection program under 
which the aircraft and its appliances are maintained.
    (v) The current status of applicable airworthiness directives (AD) 
including, for each, the method of compliance, the AD number, and 
revision date. If the AD involves recurring action, the time and date 
when the next action is required.
    (vi) Copies of the forms prescribed by Sec. 43.9(a) of this chapter 
for each major alteration to the airframe and currently installed 
engines, rotors, propellers, and appliances.
    (b) The owner or operator shall retain the following records for the 
periods prescribed:
    (1) The records specified in paragraph (a)(1) of this section shall 
be retained until the work is repeated or superseded by other work or 
for 1 year after the work is performed.
    (2) The records specified in paragraph (a)(2) of this section shall 
be retained and transferred with the aircraft at the time the aircraft 
is sold.
    (3) A list of defects furnished to a registered owner or operator 
under Sec. 43.11 of this chapter shall be retained

[[Page 210]]

until the defects are repaired and the aircraft is approved for return 
to service.
    (c) The owner or operator shall make all maintenance records 
required to be kept by this section available for inspection by the 
Administrator or any authorized representative of the National 
Transportation Safety Board (NTSB). In addition, the owner or operator 
shall present Form 337 described in paragraph (d) of this section for 
inspection upon request of any law enforcement officer.
    (d) When a fuel tank is installed within the passenger compartment 
or a baggage compartment pursuant to part 43 of this chapter, a copy of 
FAA Form 337 shall be kept on board the modified aircraft by the owner 
or operator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.419  Transfer of maintenance records.

    Any owner or operator who sells a U.S.-registered aircraft shall 
transfer to the purchaser, at the time of sale, the following records of 
that aircraft, in plain language form or in coded form at the election 
of the purchaser, if the coded form provides for the preservation and 
retrieval of information in a manner acceptable to the Administrator:
    (a) The records specified in Sec. 91.417(a)(2).
    (b) The records specified in Sec. 91.417(a)(1) which are not 
included in the records covered by paragraph (a) of this section, except 
that the purchaser may permit the seller to keep physical custody of 
such records. However, custody of records by the seller does not relieve 
the purchaser of the responsibility under Sec. 91.417(c) to make the 
records available for inspection by the Administrator or any authorized 
representative of the National Transportation Safety Board (NTSB).



Sec. 91.421  Rebuilt engine maintenance records.

    (a) The owner or operator may use a new maintenance record, without 
previous operating history, for an aircraft engine rebuilt by the 
manufacturer or by an agency approved by the manufacturer.
    (b) Each manufacturer or agency that grants zero time to an engine 
rebuilt by it shall enter in the new record--
    (1) A signed statement of the date the engine was rebuilt;
    (2) Each change made as required by airworthiness directives; and
    (3) Each change made in compliance with manufacturer's service 
bulletins, if the entry is specifically requested in that bulletin.
    (c) For the purposes of this section, a rebuilt engine is a used 
engine that has been completely disassembled, inspected, repaired as 
necessary, reassembled, tested, and approved in the same manner and to 
the same tolerances and limits as a new engine with either new or used 
parts. However, all parts used in it must conform to the production 
drawing tolerances and limits for new parts or be of approved oversized 
or undersized dimensions for a new engine.
Secs. 91.423--91.499  [Reserved]



       Subpart F--Large and Turbine-Powered Multiengine Airplanes

    Source: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.501  Applicability.

    (a) This subpart prescribes operating rules, in addition to those 
prescribed in other subparts of this part, governing the operation of 
large and of turbojet-powered multiengine civil airplanes of U.S. 
registry. The operating rules in this subpart do not apply to those 
airplanes when they are required to be operated under parts 121, 125, 
129, 135, and 137 of this chapter. (Section 91.409 prescribes an 
inspection program for large and for turbine-powered (turbojet and 
turboprop) multiengine airplanes of U.S. registry when they are operated 
under this part or part 129 or 137.)
    (b) Operations that may be conducted under the rules in this subpart 
instead of those in parts 121, 129, 135, and 137 of this chapter when 
common carriage is not involved, include--
    (1) Ferry or training flights;

[[Page 211]]

    (2) Aerial work operations such as aerial photography or survey, or 
pipeline patrol, but not including fire fighting operations;
    (3) Flights for the demonstration of an airplane to prospective 
customers when no charge is made except for those specified in paragraph 
(d) of this section;
    (4) Flights conducted by the operator of an airplane for his 
personal transportation, or the transportation of his guests when no 
charge, assessment, or fee is made for the transportation;
    (5) Carriage of officials, employees, guests, and property of a 
company on an airplane operated by that company, or the parent or a 
subsidiary of the company or a subsidiary of the parent, when the 
carriage is within the scope of, and incidental to, the business of the 
company (other than transportation by air) and no charge, assessment or 
fee is made for the carriage in excess of the cost of owning, operating, 
and maintaining the airplane, except that no charge of any kind may be 
made for the carriage of a guest of a company, when the carriage is not 
within the scope of, and incidental to, the business of that company;
    (6) The carriage of company officials, employees, and guests of the 
company on an airplane operated under a time sharing, interchange, or 
joint ownership agreement as defined in paragraph (c) of this section;
    (7) The carriage of property (other than mail) on an airplane 
operated by a person in the furtherance of a business or employment 
(other than transportation by air) when the carriage is within the scope 
of, and incidental to, that business or employment and no charge, 
assessment, or fee is made for the carriage other than those specified 
in paragraph (d) of this section;
    (8) The carriage on an airplane of an athletic team, sports group, 
choral group, or similar group having a common purpose or objective when 
there is no charge, assessment, or fee of any kind made by any person 
for that carriage; and
    (9) The carriage of persons on an airplane operated by a person in 
the furtherance of a business other than transportation by air for the 
purpose of selling them land, goods, or property, including franchises 
or distributorships, when the carriage is within the scope of, and 
incidental to, that business and no charge, assessment, or fee is made 
for that carriage.
    (c) As used in this section--
    (1) A time sharing agreement means an arrangement whereby a person 
leases his airplane with flight crew to another person, and no charge is 
made for the flights conducted under that arrangement other than those 
specified in paragraph (d) of this section;
    (2) An interchange agreement means an arrangement whereby a person 
leases his airplane to another person in exchange for equal time, when 
needed, on the other person's airplane, and no charge, assessment, or 
fee is made, except that a charge may be made not to exceed the 
difference between the cost of owning, operating, and maintaining the 
two airplanes;
    (3) A joint ownership agreement means an arrangement whereby one of 
the registered joint owners of an airplane employs and furnishes the 
flight crew for that airplane and each of the registered joint owners 
pays a share of the charge specified in the agreement.
    (d) The following may be charged, as expenses of a specific flight, 
for transportation as authorized by paragraphs (b) (3) and (7) and 
(c)(1) of this section:
    (1) Fuel, oil, lubricants, and other additives.
    (2) Travel expenses of the crew, including food, lodging, and ground 
transportation.
    (3) Hangar and tie-down costs away from the aircraft's base of 
operation.
    (4) Insurance obtained for the specific flight.
    (5) Landing fees, airport taxes, and similar assessments.
    (6) Customs, foreign permit, and similar fees directly related to 
the flight.
    (7) In flight food and beverages.
    (8) Passenger ground transportation.
    (9) Flight planning and weather contract services.
    (10) An additional charge equal to 100 percent of the expenses 
listed in paragraph (d)(1) of this section.

[[Page 212]]



Sec. 91.503  Flying equipment and operating information.

    (a) The pilot in command of an airplane shall ensure that the 
following flying equipment and aeronautical charts and data, in current 
and appropriate form, are accessible for each flight at the pilot 
station of the airplane:
    (1) A flashlight having at least two size ``D'' cells, or the 
equivalent, that is in good working order.
    (2) A cockpit checklist containing the procedures required by 
paragraph (b) of this section.
    (3) Pertinent aeronautical charts.
    (4) For IFR, VFR over-the-top, or night operations, each pertinent 
navigational en route, terminal area, and approach and letdown chart.
    (5) In the case of multiengine airplanes, one-engine inoperative 
climb performance data.
    (b) Each cockpit checklist must contain the following procedures and 
shall be used by the flight crewmembers when operating the airplane:
    (1) Before starting engines.
    (2) Before takeoff.
    (3) Cruise.
    (4) Before landing.
    (5) After landing.
    (6) Stopping engines.
    (7) Emergencies.
    (c) Each emergency cockpit checklist procedure required by paragraph 
(b)(7) of this section must contain the following procedures, as 
appropriate:
    (1) Emergency operation of fuel, hydraulic, electrical, and 
mechanical systems.
    (2) Emergency operation of instruments and controls.
    (3) Engine inoperative procedures.
    (4) Any other procedures necessary for safety.
    (d) The equipment, charts, and data prescribed in this section shall 
be used by the pilot in command and other members of the flight crew, 
when pertinent.



Sec. 91.505  Familiarity with operating limitations and emergency equipment.

    (a) Each pilot in command of an airplane shall, before beginning a 
flight, become familiar with the Airplane Flight Manual for that 
airplane, if one is required, and with any placards, listings, 
instrument markings, or any combination thereof, containing each 
operating limitation prescribed for that airplane by the Administrator, 
including those specified in Sec. 91.9(b).
    (b) Each required member of the crew shall, before beginning a 
flight, become familiar with the emergency equipment installed on the 
airplane to which that crewmember is assigned and with the procedures to 
be followed for the use of that equipment in an emergency situation.



Sec. 91.507  Equipment requirements: Over-the-top or night VFR operations.

    No person may operate an airplane over-the-top or at night under VFR 
unless that airplane is equipped with the instruments and equipment 
required for IFR operations under Sec. 91.205(d) and one electric 
landing light for night operations. Each required instrument and item of 
equipment must be in operable condition.



Sec. 91.509  Survival equipment for overwater operations.

    (a) No person may take off an airplane for a flight over water more 
than 50 nautical miles from the nearest shore unless that airplane is 
equipped with a life preserver or an approved flotation means for each 
occupant of the airplane.
    (b) No person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest shore 
unless it has on board the following survival equipment:
    (1) A life preserver, equipped with an approved survivor locator 
light, for each occupant of the airplane.
    (2) Enough liferafts (each equipped with an approved survival 
locator light) of a rated capacity and buoyancy to accommodate the 
occupants of the airplane.
    (3) At least one pyrotechnic signaling device for each liferaft.
    (4) One self-buoyant, water-resistant, portable emergency radio 
signaling device that is capable of transmission on the appropriate 
emergency frequency or frequencies and not dependent upon the airplane 
power supply.

[[Page 213]]

    (5) A lifeline stored in accordance with Sec. 25.1411(g) of this 
chapter.
    (c) The required liferafts, life preservers, and signaling devices 
must be installed in conspicuously marked locations and easily 
accessible in the event of a ditching without appreciable time for 
preparatory procedures.
    (d) A survival kit, appropriately equipped for the route to be 
flown, must be attached to each required liferaft.
    (e) As used in this section, the term shore means that area of the 
land adjacent to the water which is above the high water mark and 
excludes land areas which are intermittently under water.



Sec. 91.511  Radio equipment for overwater operations.

    (a) Except as provided in paragraphs (c), (d), and (f) of this 
section, no person may take off an airplane for a flight over water more 
than 30 minutes flying time or 100 nautical miles from the nearest shore 
unless it has at least the following operable equipment:
    (1) Radio communication equipment appropriate to the facilities to 
be used and able to transmit to, and receive from, any place on the 
route, at least one surface facility:
    (i) Two transmitters.
    (ii) Two microphones.
    (iii) Two headsets or one headset and one speaker.
    (iv) Two independent receivers.
    (2) Appropriate electronic navigational equipment consisting of at 
least two independent electronic navigation units capable of providing 
the pilot with the information necessary to navigate the airplane within 
the airspace assigned by air traffic control. However, a receiver that 
can receive both communications and required navigational signals may be 
used in place of a separate communications receiver and a separate 
navigational signal receiver or unit.
    (b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this 
section, a receiver or electronic navigation unit is independent if the 
function of any part of it does not depend on the functioning of any 
part of another receiver or electronic navigation unit.
    (c) Notwithstanding the provisions of paragraph (a) of this section, 
a person may operate an airplane on which no passengers are carried from 
a place where repairs or replacement cannot be made to a place where 
they can be made, if not more than one of each of the dual items of 
radio communication and navigational equipment specified in paragraphs 
(a)(1) (i) through (iv) and (a)(2) of this section malfunctions or 
becomes inoperative.
    (d) Notwithstanding the provisions of paragraph (a) of this section, 
when both VHF and HF communications equipment are required for the route 
and the airplane has two VHF transmitters and two VHF receivers for 
communications, only one HF transmitter and one HF receiver is required 
for communications.
    (e) As used in this section, the term shore means that area of the 
land adjacent to the water which is above the high-water mark and 
excludes land areas which are intermittently under water.
    (f) Notwithstanding the requirements in paragraph (a)(2) of this 
section, a person may operate in the Gulf of Mexico, the Caribbean Sea, 
and the Atlantic Ocean west of a line which extends from 44 deg.47'00'' 
N / 67 deg.00'00'' W to 39 deg.00'00'' N / 67 deg.00'00'' W to 
38 deg.30'00'' N / 60 deg.00'00'' W south along the 60 deg.00'00'' W 
longitude line to the point where the line intersects with the northern 
coast of South America, when:
    (1) A single long-range navigation system is installed, operational, 
and appropriate for the route; and
    (2) Flight conditions and the aircraft's capabilities are such that 
no more than a 30-minute gap in two-way radio very high frequency 
communications is expected to exist.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-249, 
61 FR 7190, Feb. 26, 1996]



Sec. 91.513  Emergency equipment.

    (a) No person may operate an airplane unless it is equipped with the 
emergency equipment listed in this section.
    (b) Each item of equipment--
    (1) Must be inspected in accordance with Sec. 91.409 to ensure its 
continued

[[Page 214]]

serviceability and immediate readiness for its intended purposes;
    (2) Must be readily accessible to the crew;
    (3) Must clearly indicate its method of operation; and
    (4) When carried in a compartment or container, must have that 
compartment or container marked as to contents and date of last 
inspection.
    (c) Hand fire extinguishers must be provided for use in crew, 
passenger, and cargo compartments in accordance with the following:
    (1) The type and quantity of extinguishing agent must be suitable 
for the kinds of fires likely to occur in the compartment where the 
extinguisher is intended to be used.
    (2) At least one hand fire extinguisher must be provided and located 
on or near the flight deck in a place that is readily accessible to the 
flight crew.
    (3) At least one hand fire extinguisher must be conveniently located 
in the passenger compartment of each airplane accommodating more than 
six but less than 31 passengers, and at least two hand fire 
extinguishers must be conveniently located in the passenger compartment 
of each airplane accommodating more than 30 passengers.
    (4) Hand fire extinguishers must be installed and secured in such a 
manner that they will not interfere with the safe operation of the 
airplane or adversely affect the safety of the crew and passengers. They 
must be readily accessible and, unless the locations of the fire 
extinguishers are obvious, their stowage provisions must be properly 
identified.
    (d) First aid kits for treatment of injuries likely to occur in 
flight or in minor accidents must be provided.
    (e) Each airplane accommodating more than 19 passengers must be 
equipped with a crash axe.
    (f) Each passenger-carrying airplane must have a portable battery-
powered megaphone or megaphones readily accessible to the crewmembers 
assigned to direct emergency evacuation, installed as follows:
    (1) One megaphone on each airplane with a seating capacity of more 
than 60 but less than 100 passengers, at the most rearward location in 
the passenger cabin where it would be readily accessible to a normal 
flight attendant seat. However, the Administrator may grant a deviation 
from the requirements of this subparagraph if the Administrator finds 
that a different location would be more useful for evacuation of persons 
during an emergency.
    (2) On each airplane with a seating capacity of 100 or more 
passengers, one megaphone installed at the forward end and one installed 
at the most rearward location where it would be readily accessible to a 
normal flight attendant seat.



Sec. 91.515  Flight altitude rules.

    (a) Notwithstanding Sec. 91.119, and except as provided in paragraph 
(b) of this section, no person may operate an airplane under VFR at less 
than--
    (1) One thousand feet above the surface, or 1,000 feet from any 
mountain, hill, or other obstruction to flight, for day operations; and
    (2) The altitudes prescribed in Sec. 91.177, for night operations.
    (b) This section does not apply--
    (1) During takeoff or landing;
    (2) When a different altitude is authorized by a waiver to this 
section under subpart J of this part; or
    (3) When a flight is conducted under the special VFR weather 
minimums of Sec. 91.157 with an appropriate clearance from ATC.



Sec. 91.517  Passenger information.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane carrying passengers unless it is equipped with 
signs that are visible to passengers and flight attendants to notify 
them when smoking is prohibited and when safety belts must be fastened. 
The signs must be so constructed that the crew can turn them on and off. 
They must be turned on during airplane movement on the surface, for each 
takeoff, for each landing, and when otherwise considered to be necessary 
by the pilot in command.
    (b) The pilot in command of an airplane that is not required, in 
accordance with applicable aircraft and equipment requirements of this 
chapter, to be equipped as provided in paragraph (a) of this section 
shall ensure

[[Page 215]]

that the passengers are notified orally each time that it is necessary 
to fasten their safety belts and when smoking is prohibited.
    (c) If passenger information signs are installed, no passenger or 
crewmember may smoke while any ``no smoking'' sign is lighted nor may 
any passenger or crewmember smoke in any lavatory.
    (d) Each passenger required by Sec. 91.107(a)(3) to occupy a seat or 
berth shall fasten his or her safety belt about him or her and keep it 
fastened while any ``fasten seat belt'' sign is lighted.
    (e) Each passenger shall comply with instructions given him or her 
by crewmembers regarding compliance with paragraphs (b), (c), and (d) of 
this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]



Sec. 91.519  Passenger briefing.

    (a) Before each takeoff the pilot in command of an airplane carrying 
passengers shall ensure that all passengers have been orally briefed 
on--
    (1) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited. This briefing shall include 
a statement, as appropriate, that the Federal Aviation Regulations 
require passenger compliance with lighted passenger information signs 
and no smoking placards, prohibit smoking in lavatories, and require 
compliance with crewmember instructions with regard to these items;
    (2) Use of safety belts and shoulder harnesses. Each passenger shall 
be briefed on when, where, and under what conditions it is necessary to 
have his or her safety belt and, if installed, his or her shoulder 
harness fastened about him or her. This briefing shall include a 
statement, as appropriate, that Federal Aviation Regulations require 
passenger compliance with the lighted passenger sign and/or crewmember 
instructions with regard to these items;
    (3) Location and means for opening the passenger entry door and 
emergency exits;
    (4) Location of survival equipment;
    (5) Ditching procedures and the use of flotation equipment required 
under Sec. 91.509 for a flight over water; and
    (6) The normal and emergency use of oxygen equipment installed on 
the airplane.
    (b) The oral briefing required by paragraph (a) of this section 
shall be given by the pilot in command or a member of the crew, but need 
not be given when the pilot in command determines that the passengers 
are familiar with the contents of the briefing. It may be supplemented 
by printed cards for the use of each passenger containing--
    (1) A diagram of, and methods of operating, the emergency exits; and
    (2) Other instructions necessary for use of emergency equipment.
    (c) Each card used under paragraph (b) must be carried in convenient 
locations on the airplane for the use of each passenger and must contain 
information that is pertinent only to the type and model airplane on 
which it is used.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91-231, 
57 FR 42672, Sept. 15, 1992]



Sec. 91.521  Shoulder harness.

    (a) No person may operate a transport category airplane that was 
type certificated after January 1, 1958, unless it is equipped at each 
seat at a flight deck station with a combined safety belt and shoulder 
harness that meets the applicable requirements specified in Sec. 25.785 
of this chapter, except that--
    (1) Shoulder harnesses and combined safety belt and shoulder 
harnesses that were approved and installed before March 6, 1980, may 
continue to be used; and
    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.
    (b) No person may operate a transport category airplane unless it is 
equipped at each required flight attendant seat in the passenger 
compartment with a combined safety belt and shoulder harness that meets 
the applicable requirements specified in Sec. 25.785 of this chapter, 
except that--
    (1) Shoulder harnesses and combined safety belt and shoulder 
harnesses that were approved and installed before March 6, 1980, may 
continue to be used; and

[[Page 216]]

    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.



Sec. 91.523  Carry-on baggage.

    No pilot in command of an airplane having a seating capacity of more 
than 19 passengers may permit a passenger to stow baggage aboard that 
airplane except--
    (a) In a suitable baggage or cargo storage compartment, or as 
provided in Sec. 91.525; or
    (b) Under a passenger seat in such a way that it will not slide 
forward under crash impacts severe enough to induce the ultimate inertia 
forces specified in Sec. 25.561(b)(3) of this chapter, or the 
requirements of the regulations under which the airplane was type 
certificated. Restraining devices must also limit sideward motion of 
under-seat baggage and be designed to withstand crash impacts severe 
enough to induce sideward forces specified in Sec. 25.561(b)(3) of this 
chapter.



Sec. 91.525  Carriage of cargo.

    (a) No pilot in command may permit cargo to be carried in any 
airplane unless--
    (1) It is carried in an approved cargo rack, bin, or compartment 
installed in the airplane;
    (2) It is secured by means approved by the Administrator; or
    (3) It is carried in accordance with each of the following:
    (i) It is properly secured by a safety belt or other tiedown having 
enough strength to eliminate the possibility of shifting under all 
normally anticipated flight and ground conditions.
    (ii) It is packaged or covered to avoid possible injury to 
passengers.
    (iii) It does not impose any load on seats or on the floor structure 
that exceeds the load limitation for those components.
    (iv) It is not located in a position that restricts the access to or 
use of any required emergency or regular exit, or the use of the aisle 
between the crew and the passenger compartment.
    (v) It is not carried directly above seated passengers.
    (b) When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand fire extinguisher.



Sec. 91.527  Operating in icing conditions.

    (a) No pilot may take off an airplane that has--
    (1) Frost, snow, or ice adhering to any propeller, windshield, or 
powerplant installation or to an airspeed, altimeter, rate of climb, or 
flight attitude instrument system;
    (2) Snow or ice adhering to the wings or stabilizing or control 
surfaces; or
    (3) Any frost adhering to the wings or stabilizing or control 
surfaces, unless that frost has been polished to make it smooth.
    (b) Except for an airplane that has ice protection provisions that 
meet the requirements in section 34 of Special Federal Aviation 
Regulation No. 23, or those for transport category airplane type 
certification, no pilot may fly--
    (1) Under IFR into known or forecast moderate icing conditions; or
    (2) Under VFR into known light or moderate icing conditions unless 
the aircraft has functioning de-icing or anti-icing equipment protecting 
each propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system.
    (c) Except for an airplane that has ice protection provisions that 
meet the requirements in section 34 of Special Federal Aviation 
Regulation No. 23, or those for transport category airplane type 
certification, no pilot may fly an airplane into known or forecast 
severe icing conditions.
    (d) If current weather reports and briefing information relied upon 
by the pilot in command indicate that the forecast icing conditions that 
would otherwise prohibit the flight will not be encountered during the 
flight because of changed weather conditions since the forecast, the 
restrictions in paragraphs (b) and (c) of this section based on forecast 
conditions do not apply.

[[Page 217]]



Sec. 91.529  Flight engineer requirements.

    (a) No person may operate the following airplanes without a flight 
crewmember holding a current flight engineer certificate:
    (1) An airplane for which a type certificate was issued before 
January 2, 1964, having a maximum certificated takeoff weight of more 
than 80,000 pounds.
    (2) An airplane type certificated after January 1, 1964, for which a 
flight engineer is required by the type certification requirements.
    (b) No person may serve as a required flight engineer on an airplane 
unless, within the preceding 6 calendar months, that person has had at 
least 50 hours of flight time as a flight engineer on that type airplane 
or has been checked by the Administrator on that type airplane and is 
found to be familiar and competent with all essential current 
information and operating procedures.



Sec. 91.531  Second in command requirements.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate the following airplanes without a pilot who is designated as 
second in command of that airplane:
    (1) A large airplane, except that a person may operate an airplane 
certificated under SFAR 41 without a pilot who is designated as second 
in command if that airplane is certificated for operation with one 
pilot.
    (2) A turbojet-powered multiengine airplane for which two pilots are 
required under the type certification requirements for that airplane.
    (3) A commuter category airplane, except that a person may operate a 
commuter category airplane notwithstanding paragraph (a)(1) of this 
section, that has a passenger seating configuration, excluding pilot 
seats, of nine or less without a pilot who is designated as second in 
command if that airplane is type certificated for operations with one 
pilot.
    (b) The Administrator may issue a letter of authorization for the 
operation of an airplane without compliance with the requirements of 
paragraph (a) of this section if that airplane is designed for and type 
certificated with only one pilot station. The authorization contains any 
conditions that the Administrator finds necessary for safe operation.
    (c) No person may designate a pilot to serve as second in command, 
nor may any pilot serve as second in command, of an airplane required 
under this section to have two pilots unless that pilot meets the 
qualifications for second in command prescribed in Sec. 61.55 of this 
chapter.



Sec. 91.533  Flight attendant requirements.

    (a) No person may operate an airplane unless at least the following 
number of flight attendants are on board the airplane:
    (1) For airplanes having more than 19 but less than 51 passengers on 
board, one flight attendant.
    (2) For airplanes having more than 50 but less than 101 passengers 
on board, two flight attendants.
    (3) For airplanes having more than 100 passengers on board, two 
flight attendants plus one additional flight attendant for each unit (or 
part of a unit) of 50 passengers above 100.
    (b) No person may serve as a flight attendant on an airplane when 
required by paragraph (a) of this section unless that person has 
demonstrated to the pilot in command familiarity with the necessary 
functions to be performed in an emergency or a situation requiring 
emergency evacuation and is capable of using the emergency equipment 
installed on that airplane.



Sec. 91.535  Stowage of food, beverage, and passenger service equipment during aircraft movement on the surface, takeoff, and landing.

    (a) No operator may move an aircraft on the surface, take off, or 
land when any food, beverage, or tableware furnished by the operator is 
located at any passenger seat.
    (b) No operator may move an aircraft on the surface, take off, or 
land unless each food and beverage tray and seat back tray table is 
secured in its stowed position.
    (c) No operator may permit an aircraft to move on the surface, take 
off, or land unless each passenger serving cart is secured in its stowed 
position.

[[Page 218]]

    (d) No operator may permit an aircraft to move on the surface, take 
off, or land unless each movie screen that extends into the aisle is 
stowed.
    (e) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]
Secs. 91.536--91.599  [Reserved]



Subpart G--Additional Equipment and Operating Requirements for Large and 
                       Transport Category Aircraft

    Source: Docket No. 18334, 54 FR 34318, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.601  Applicability.

    This subpart applies to operation of large and transport category 
U.S.-registered civil aircraft.



Sec. 91.603  Aural speed warning device.

    No person may operate a transport category airplane in air commerce 
unless that airplane is equipped with an aural speed warning device that 
complies with Sec. 25.1303(c)(1).



Sec. 91.605  Transport category civil airplane weight limitations.

    (a) No person may take off any transport category airplane (other 
than a turbine-engine-powered airplane certificated after September 30, 
1958) unless--
    (1) The takeoff weight does not exceed the authorized maximum 
takeoff weight for the elevation of the airport of takeoff;
    (2) The elevation of the airport of takeoff is within the altitude 
range for which maximum takeoff weights have been determined;
    (3) Normal consumption of fuel and oil in flight to the airport of 
intended landing will leave a weight on arrival not in excess of the 
authorized maximum landing weight for the elevation of that airport; and
    (4) The elevations of the airport of intended landing and of all 
specified alternate airports are within the altitude range for which the 
maximum landing weights have been determined.
    (b) No person may operate a turbine-engine-powered transport 
category airplane certificated after September 30, 1958, contrary to the 
Airplane Flight Manual, or take off that airplane unless--
    (1) The takeoff weight does not exceed the takeoff weight specified 
in the Airplane Flight Manual for the elevation of the airport and for 
the ambient temperature existing at the time of takeoff;
    (2) Normal consumption of fuel and oil in flight to the airport of 
intended landing and to the alternate airports will leave a weight on 
arrival not in excess of the landing weight specified in the Airplane 
Flight Manual for the elevation of each of the airports involved and for 
the ambient temperatures expected at the time of landing;
    (3) The takeoff weight does not exceed the weight shown in the 
Airplane Flight Manual to correspond with the minimum distances required 
for takeoff considering the elevation of the airport, the runway to be 
used, the effective runway gradient, and the ambient temperature and 
wind component existing at the time of takeoff; and
    (4) Where the takeoff distance includes a clearway, the clearway 
distance is not greater than one-half of--
    (i) The takeoff run, in the case of airplanes certificated after 
September 30, 1958, and before August 30, 1959; or
    (ii) The runway length, in the case of airplanes certificated after 
August 29, 1959.
    (c) No person may take off a turbine-engine-powered transport 
category airplane certificated after August 29, 1959, unless, in 
addition to the requirements of paragraph (b) of this section--
    (1) The accelerate-stop distance is no greater than the length of 
the runway plus the length of the stopway (if present); and
    (2) The takeoff distance is no greater than the length of the runway 
plus the length of the clearway (if present); and
    (3) The takeoff run is no greater than the length of the runway.



Sec. 91.607  Emergency exits for airplanes carrying passengers for hire.

    (a) Notwithstanding any other provision of this chapter, no person 
may operate a large airplane (type certificated

[[Page 219]]

under the Civil Air Regulations effective before April 9, 1957) in 
passenger-carrying operations for hire, with more than the number of 
occupants--
    (1) Allowed under Civil Air Regulations Sec. 4b.362 (a), (b), and 
(c) as in effect on December 20, 1951; or
    (2) Approved under Special Civil Air Regulations SR-387, SR-389, SR-
389A, or SR-389B, or under this section as in effect.

However, an airplane type listed in the following table may be operated 
with up to the listed number of occupants (including crewmembers) and 
the corresponding number of exits (including emergency exits and doors) 
approved for the emergency exit of passengers or with an occupant-exit 
configuration approved under paragraph (b) or (c) of this section.

------------------------------------------------------------------------
                                                           Corresponding
                                          Maximum number     number of  
              Airplane type                of occupants        exits    
                                           including all  authorized for
                                            crewmembers    passenger use
------------------------------------------------------------------------
B-307...................................              61               4
B-377...................................              96               9
C-46....................................              67               4
CV-240..................................              53               6
CV-340 and CV-440.......................              53               6
DC-3....................................              35               4
DC-3 (Super)............................              39               5
DC-4....................................              86               5
DC-6....................................              87               7
DC-6B...................................             112              11
L-18....................................              17               3
L-049, L-649, L-749.....................              87               7
L-1049 series...........................              96               9
M-202...................................              53               6
M-404...................................              53               7
Viscount 700 series.....................              53               7
------------------------------------------------------------------------

    (b) Occupants in addition to those authorized under paragraph (a) of 
this section may be carried as follows:
    (1) For each additional floor-level exit at least 24 inches wide by 
48 inches high, with an unobstructed 20-inch-wide access aisleway 
between the exit and the main passenger aisle, 12 additional occupants.
    (2) For each additional window exit located over a wing that meets 
the requirements of the airworthiness standards under which the airplane 
was type certificated or that is large enough to inscribe an ellipse 
19 x 26 inches, eight additional occupants.
    (3) For each additional window exit that is not located over a wing 
but that otherwise complies with paragraph (b)(2) of this section, five 
additional occupants.
    (4) For each airplane having a ratio (as computed from the table in 
paragraph (a) of this section) of maximum number of occupants to number 
of exits greater than 14:1, and for each airplane that does not have at 
least one full-size, door-type exit in the side of the fuselage in the 
rear part of the cabin, the first additional exit must be a floor-level 
exit that complies with paragraph (b)(1) of this section and must be 
located in the rear part of the cabin on the opposite side of the 
fuselage from the main entrance door. However, no person may operate an 
airplane under this section carrying more than 115 occupants unless 
there is such an exit on each side of the fuselage in the rear part of 
the cabin.
    (c) No person may eliminate any approved exit except in accordance 
with the following:
    (1) The previously authorized maximum number of occupants must be 
reduced by the same number of additional occupants authorized for that 
exit under this section.
    (2) Exits must be eliminated in accordance with the following 
priority schedule: First, non-over-wing window exits; second, over-wing 
window exits; third, floor-level exits located in the forward part of 
the cabin; and fourth, floor-level exits located in the rear of the 
cabin.
    (3) At least one exit must be retained on each side of the fuselage 
regardless of the number of occupants.
    (4) No person may remove any exit that would result in a ratio of 
maximum number of occupants to approved exits greater than 14:1.
    (d) This section does not relieve any person operating under part 
121 of this chapter from complying with Sec. 121.291.



Sec. 91.609  Flight recorders and cockpit voice recorders.

    (a) No holder of an air carrier operating certificate or an 
operating certificate may conduct any operation under this part with an 
aircraft listed in the holder's operations specifications or current 
list of aircraft used in air transportation unless that aircraft

[[Page 220]]

complies with any applicable flight recorder and cockpit voice recorder 
requirements of the part under which its certificate is issued except 
that the operator may--
    (1) Ferry an aircraft with an inoperative flight recorder or cockpit 
voice recorder from a place where repair or replacement cannot be made 
to a place where they can be made;
    (2) Continue a flight as originally planned, if the flight recorder 
or cockpit voice recorder becomes inoperative after the aircraft has 
taken off;
    (3) Conduct an airworthiness flight test during which the flight 
recorder or cockpit voice recorder is turned off to test it or to test 
any communications or electrical equipment installed in the aircraft; or
    (4) Ferry a newly acquired aircraft from the place where possession 
of it is taken to a place where the flight recorder or cockpit voice 
recorder is to be installed.
    (b) Notwithstanding paragraphs (c) and (e) of this section, an 
operator other than the holder of an air carrier or a commercial 
operator certificate may--
    (1) Ferry an aircraft with an inoperative flight recorder or cockpit 
voice recorder from a place where repair or replacement cannot be made 
to a place where they can be made;
    (2) Continue a flight as originally planned if the flight recorder 
or cockpit voice recorder becomes inoperative after the aircraft has 
taken off;
    (3) Conduct an airworthiness flight test during which the flight 
recorder or cockpit voice recorder is turned off to test it or to test 
any communications or electrical equipment installed in the aircraft;
    (4) Ferry a newly acquired aircraft from a place where possession of 
it was taken to a place where the flight recorder or cockpit voice 
recorder is to be installed; or
    (5) Operate an aircraft:
    (i) For not more than 15 days while the flight recorder and/or 
cockpit voice recorder is inoperative and/or removed for repair provided 
that the aircraft maintenance records contain an entry that indicates 
the date of failure, and a placard is located in view of the pilot to 
show that the flight recorder or cockpit voice recorder is inoperative.
    (ii) For not more than an additional 15 days, provided that the 
requirements in paragraph (b)(5)(i) are met and that a certificated 
pilot, or a certificated person authorized to return an aircraft to 
service under Sec. 43.7 of this chapter, certifies in the aircraft 
maintenance records that additional time is required to complete repairs 
or obtain a replacement unit.
    (c) No person may operate a U.S. civil registered, multiengine, 
turbine-powered airplane or rotorcraft having a passenger seating 
configuration, excluding any pilot seats of 10 or more that has been 
manufactured after October 11, 1991, unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium, that are capable of recording the data 
specified in appendix E to this part, for an airplane, or appendix F to 
this part, for a rotorcraft, of this part within the range, accuracy, 
and recording interval specified, and that are capable of retaining no 
less than 8 hours of aircraft operation.
    (d) Whenever a flight recorder, required by this section, is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll or the rotorcraft begins lift-off until 
the airplane has completed the landing roll or the rotorcraft has landed 
at its destination.
    (e) Unless otherwise authorized by the Administrator, after October 
11, 1991, no person may operate a U.S. civil registered multiengine, 
turbine-powered airplane or rotorcraft having a passenger seating 
configuration of six passengers or more and for which two pilots are 
required by type certification or operating rule unless it is equipped 
with an approved cockpit voice recorder that:
    (1) Is installed in compliance with Sec. 23.1457(a) (1) and (2), 
(b), (c), (d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b), (c), 
(d), (e), (f), and (g); Sec. 27.1457(a) (1) and (2), (b), (c), (d), (e), 
(f), and (g); or Sec. 29.1457(a) (1) and (2), (b), (c), (d), (e), (f), 
and (g) of this chapter, as applicable; and

[[Page 221]]

    (2) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (f) In complying with this section, an approved cockpit voice 
recorder having an erasure feature may be used, so that at any time 
during the operation of the recorder, information recorded more than 15 
minutes earlier may be erased or otherwise obliterated.
    (g) In the event of an accident or occurrence requiring immediate 
notification to the National Transportation Safety Board under part 830 
of its regulations that results in the termination of the flight, any 
operator who has installed approved flight recorders and approved 
cockpit voice recorders shall keep the recorded information for at least 
60 days or, if requested by the Administrator or the Board, for a longer 
period. Information obtained from the record is used to assist in 
determining the cause of accidents or occurrences in connection with the 
investigation under part 830. The Administrator does not use the cockpit 
voice recorder record in any civil penalty or certificate action.

[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-226, 
56 FR 51621, Oct. 11, 1991; Amdt. 91-228, 57 FR 19353, May 5, 1992]



Sec. 91.611  Authorization for ferry flight with one engine inoperative.

    (a) General. The holder of an air carrier operating certificate or 
an operating certificate issued under part 125 may conduct a ferry 
flight of a four-engine airplane or a turbine-engine-powered airplane 
equipped with three engines, with one engine inoperative, to a base for 
the purpose of repairing that engine subject to the following:
    (1) The airplane model has been test flown and found satisfactory 
for safe flight in accordance with paragraph (b) or (c) of this section, 
as appropriate. However, each operator who before November 19, 1966, has 
shown that a model of airplane with an engine inoperative is 
satisfactory for safe flight by a test flight conducted in accordance 
with performance data contained in the applicable Airplane Flight Manual 
under paragraph (a)(2) of this section need not repeat the test flight 
for that model.
    (2) The approved Airplane Flight Manual contains the following 
performance data and the flight is conducted in accordance with that 
data:
    (i) Maximum weight.
    (ii) Center of gravity limits.
    (iii) Configuration of the inoperative propeller (if applicable).
    (iv) Runway length for takeoff (including temperature 
accountability).
    (v) Altitude range.
    (vi) Certificate limitations.
    (vii) Ranges of operational limits.
    (viii) Performance information.
    (ix) Operating procedures.
    (3) The operator has FAA approved procedures for the safe operation 
of the airplane, including specific requirements for--
    (i) Limiting the operating weight on any ferry flight to the minimum 
necessary for the flight plus the necessary reserve fuel load;
    (ii) A limitation that takeoffs must be made from dry runways 
unless, based on a showing of actual operating takeoff techniques on wet 
runways with one engine inoperative, takeoffs with full controllability 
from wet runways have been approved for the specific model aircraft and 
included in the Airplane Flight Manual:
    (iii) Operations from airports where the runways may require a 
takeoff or approach over populated areas; and
    (iv) Inspection procedures for determining the operating condition 
of the operative engines.
    (4) No person may take off an airplane under this section if--
    (i) The initial climb is over thickly populated areas; or
    (ii) Weather conditions at the takeoff or destination airport are 
less than those required for VFR flight.
    (5) Persons other than required flight crewmembers shall not be 
carried during the flight.
    (6) No person may use a flight crewmember for flight under this 
section unless that crewmember is thoroughly familiar with the operating 
procedures for one-engine inoperative ferry flight contained in the 
certificate holder's manual and the limitations and performance 
information in the Airplane Flight Manual.

[[Page 222]]

    (b) Flight tests: reciprocating-engine-powered airplanes. The 
airplane performance of a reciprocating-engine-powered airplane with one 
engine inoperative must be determined by flight test as follows:
    (1) A speed not less than 1.3 VS1 must be chosen at which 
the airplane may be controlled satisfactorily in a climb with the 
critical engine inoperative (with its propeller removed or in a 
configuration desired by the operator and with all other engines 
operating at the maximum power determined in paragraph (b)(3) of this 
section.
    (2) The distance required to accelerate to the speed listed in 
paragraph (b)(1) of this section and to climb to 50 feet must be 
determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in 
a configuration desired by the operator; and
    (iii) The other engines operating at not more than maximum power 
established under paragraph (b)(3) of this section.
    (3) The takeoff, flight and landing procedures, such as the 
approximate trim settings, method of power application, maximum power, 
and speed must be established.
    (4) The performance must be determined at a maximum weight not 
greater than the weight that allows a rate of climb of at least 400 feet 
per minute in the en route configuration set forth in Sec. 25.67(d) of 
this chapter in effect on January 31, 1977, at an altitude of 5,000 
feet.
    (5) The performance must be determined using temperature 
accountability for the takeoff field length, computed in accordance with 
Sec. 25.61 of this chapter in effect on January 31, 1977.
    (c) Flight tests: Turbine-engine-powered airplanes. The airplane 
performance of a turbine-engine-powered airplane with one engine 
inoperative must be determined by flight tests, including at least three 
takeoff tests, in accordance with the following:
    (1) Takeoff speeds VR and V2, not less than 
the corresponding speeds under which the airplane was type certificated 
under Sec. 25.107 of this chapter, must be chosen at which the airplane 
may be controlled satisfactorily with the critical engine inoperative 
(with its propeller removed or in a configuration desired by the 
operator, if applicable) and with all other engines operating at not 
more than the power selected for type certification as set forth in 
Sec. 25.101 of this chapter.
    (2) The minimum takeoff field length must be the horizontal distance 
required to accelerate and climb to the 35-foot height at V2 
speed (including any additional speed increment obtained in the tests) 
multiplied by 115 percent and determined with--
    (i) The landing gear extended;
    (ii) The critical engine inoperative and its propeller removed or in 
a configuration desired by the operator (if applicable); and
    (iii) The other engine operating at not more than the power selected 
for type certification as set forth in Sec. 25.101 of this chapter.
    (3) The takeoff, flight, and landing procedures such as the 
approximate trim setting, method of power application, maximum power, 
and speed must be established. The airplane must be satisfactorily 
controllable during the entire takeoff run when operated according to 
these procedures.
    (4) The performance must be determined at a maximum weight not 
greater than the weight determined under Sec. 25.121(c) of this chapter 
but with--
    (i) The actual steady gradient of the final takeoff climb 
requirement not less than 1.2 percent at the end of the takeoff path 
with two critical engines inoperative; and
    (ii) The climb speed not less than the two-engine inoperative trim 
speed for the actual steady gradient of the final takeoff climb 
prescribed by paragraph (c)(4)(i) of this section.
    (5) The airplane must be satisfactorily controllable in a climb with 
two critical engines inoperative. Climb performance may be shown by 
calculations based on, and equal in accuracy to, the results of testing.
    (6) The performance must be determined using temperature 
accountability for takeoff distance and final takeoff climb computed in 
accordance with Sec. 25.101 of this chapter.

For the purpose of paragraphs (c)(4) and (5) of this section, two 
critical engines means two adjacent engines on

[[Page 223]]

one side of an airplane with four engines, and the center engine and one 
outboard engine on an airplane with three engines.



Sec. 91.613  Materials for compartment interiors.

    No person may operate an airplane that conforms to an amended or 
supplemental type certificate issued in accordance with SFAR No. 41 for 
a maximum certificated takeoff weight in excess of 12,500 pounds unless 
within 1 year after issuance of the initial airworthiness certificate 
under that SFAR the airplane meets the compartment interior requirements 
set forth in Sec. 25.853 (a), (b), (b-1), (b-2), and (b-3) of this 
chapter in effect on September 26, 1978.
Secs. 91.615--91.699  [Reserved]



Subpart H--Foreign Aircraft Operations and Operations of U.S.-Registered 
               Civil Aircraft Outside of the United States

    Source: Docket No. 18334, 54 FR 34320, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.701  Applicability.

    This subpart applies to the operations of civil aircraft of U.S. 
registry outside of the United States and the operations of foreign 
civil aircraft within the United States.



Sec. 91.703  Operations of civil aircraft of U.S. registry outside of the United States.

    (a) Each person operating a civil aircraft of U.S. registry outside 
of the United States shall--
    (1) When over the high seas, comply with annex 2 (Rules of the Air) 
to the Convention on International Civil Aviation and with 
Secs. 91.117(c), 91.127, 91.129, and 91.131;
    (2) When within a foreign country, comply with the regulations 
relating to the flight and maneuver of aircraft there in force;
    (3) Except for Secs. 91.307(b), 91.309, 91.323, and 91.711, comply 
with this part so far as it is not inconsistent with applicable 
regulations of the foreign country where the aircraft is operated or 
annex 2 of the Convention on International Civil Aviation; and
    (4) When over the North Atlantic within airspace designated as 
Minimum Navigation Performance Specifications airspace, comply with 
Sec. 91.705.
    (b) Annex 2 to the Convention on International Civil Aviation, 
Eighth Edition--July 1986, with amendments through Amendment 28 
effective November 1987, to which reference is made in this part, is 
incorporated into this part and made a part hereof as provided in 5 
U.S.C. 552 and pursuant to 1 CFR part 51 annex 2 (including a complete 
historic file of changes thereto) is available for public inspection at 
the Rules Docket, AGC-10, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591. In addition, Annex 2 may 
be purchased from the International Civil Aviation Organization 
(Attention: Distribution Officer), P.O. Box 400, Succursale, Place de 
L'Aviation Internationale, 1000 Sherbrooke Street West, Montreal, 
Quebec, Canada H3A 2R2.

[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec. 91.705  Operations within the North Atlantic Minimum Navigation Performance Specifications Airspace.

    No person may operate a civil aircraft of U.S. registry in North 
Atlantic (NAT) airspace designated as Minimum Navigation Performance 
Specifications (MNPS) airspace unless--
    (a) The aircraft has approved navigation performance capability 
which complies with the requirements of appendix C of this part; and
    (b) The operator is authorized by the Administrator to perform such 
operations.
    (c) The Administrator authorizes deviations from the requirements of 
this section in accordance with section 3 of appendix C to this part.



Sec. 91.707  Flights between Mexico or Canada and the United States.

    Unless otherwise authorized by ATC, no person may operate a civil 
aircraft between Mexico or Canada and the United States without filing 
an IFR or VFR flight plan, as appropriate.

[[Page 224]]



Sec. 91.709  Operations to Cuba.

    No person may operate a civil aircraft from the United States to 
Cuba unless--
    (a) Departure is from an international airport of entry designated 
in Sec. 6.13 of the Air Commerce Regulations of the Bureau of Customs 
(19 CFR 6.13); and
    (b) In the case of departure from any of the 48 contiguous States or 
the District of Columbia, the pilot in command of the aircraft has 
filed--
    (1) A DVFR or IFR flight plan as prescribed in Sec. 99.11 or 
Sec. 99.13 of this chapter; and
    (2) A written statement, within 1 hour before departure, with the 
Office of Immigration and Naturalization Service at the airport of 
departure, containing--
    (i) All information in the flight plan;
    (ii) The name of each occupant of the aircraft;
    (iii) The number of occupants of the aircraft; and
    (iv) A description of the cargo, if any.

This section does not apply to the operation of aircraft by a scheduled 
air carrier over routes authorized in operations specifications issued 
by the Administrator.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.711  Special rules for foreign civil aircraft.

    (a) General. In addition to the other applicable regulations of this 
part, each person operating a foreign civil aircraft within the United 
States shall comply with this section.
    (b) VFR. No person may conduct VFR operations which require two-way 
radio communications under this part unless at least one crewmember of 
that aircraft is able to conduct two-way radio communications in the 
English language and is on duty during that operation.
    (c) IFR. No person may operate a foreign civil aircraft under IFR 
unless--
    (1) That aircraft is equipped with--
    (i) Radio equipment allowing two-way radio communication with ATC 
when it is operated in controlled airspace; and
    (ii) Radio navigational equipment appropriate to the navigational 
facilities to be used;
    (2) Each person piloting the aircraft--
    (i) Holds a current United States instrument rating or is authorized 
by his foreign airman certificate to pilot under IFR; and
    (ii) Is thoroughly familiar with the United States en route, 
holding, and letdown procedures; and
    (3) At least one crewmember of that aircraft is able to conduct two-
way radiotelephone communications in the English language and that 
crewmember is on duty while the aircraft is approaching, operating 
within, or leaving the United States.
    (d) Over water. Each person operating a foreign civil aircraft over 
water off the shores of the United States shall give flight notification 
or file a flight plan in accordance with the Supplementary Procedures 
for the ICAO region concerned.
    (e) Flight at and above FL 240. If VOR navigational equipment is 
required under paragraph (c)(1)(ii) of this section, no person may 
operate a foreign civil aircraft within the 50 States and the District 
of Columbia at or above FL 240, unless the aircraft is equipped with 
distance measuring equipment (DME) capable of receiving and indicating 
distance information from the VORTAC facilities to be used. When DME 
required by this paragraph fails at and above FL 240, the pilot in 
command of the aircraft shall notify ATC immediately and may then 
continue operations at and above FL 240 to the next airport of intended 
landing at which repairs or replacement of the equipment can be made. 
However, paragraph (e) of this section does not apply to foreign civil 
aircraft that are not equipped with DME when operated for the following 
purposes and if ATC is notified prior to each takeoff:
    (1) Ferry flights to and from a place in the United States where 
repairs or alterations are to be made.
    (2) Ferry flights to a new country of registry.
    (3) Flight of a new aircraft of U.S. manufacture for the purpose 
of--
    (i) Flight testing the aircraft;

[[Page 225]]

    (ii) Training foreign flight crews in the operation of the aircraft; 
or
    (iii) Ferrying the aircraft for export delivery outside the United 
States.
    (4) Ferry, demonstration, and test flight of an aircraft brought to 
the United States for the purpose of demonstration or testing the whole 
or any part thereof.

[Doc. No. 18834, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]



Sec. 91.713  Operation of civil aircraft of Cuban registry.

    No person may operate a civil aircraft of Cuban registry except in 
controlled airspace and in accordance with air traffic clearance or air 
traffic control instructions that may require use of specific airways or 
routes and landings at specific airports.



Sec. 91.715  Special flight authorizations for foreign civil aircraft.

    (a) Foreign civil aircraft may be operated without airworthiness 
certificates required under Sec. 91.203 if a special flight 
authorization for that operation is issued under this section. 
Application for a special flight authorization must be made to the 
Flight Standards Division Manager or Aircraft Certification Directorate 
Manager of the FAA region in which the applicant is located or to the 
region within which the U.S. point of entry is located. However, in the 
case of an aircraft to be operated in the U.S. for the purpose of 
demonstration at an airshow, the application may be made to the Flight 
Standards Division Manager or Aircraft Certification Directorate Manager 
of the FAA region in which the airshow is located.
    (b) The Administrator may issue a special flight authorization for a 
foreign civil aircraft subject to any conditions and limitations that 
the Administrator considers necessary for safe operation in the U.S. 
airspace.
    (c) No person may operate a foreign civil aircraft under a special 
flight authorization unless that operation also complies with part 375 
of the Special Regulations of the Department of Transportation (14 CFR 
part 375).

(Approved by the Office of Management and Budget under control number 
2120-0005)

[Doc. No. 18334, 54 FR 34320, Aug. 18, 1989, as amended by Amdt. 91-212, 
54 FR 39293, Sept. 25, 1989]
Secs. 91.717--91.799  [Reserved]



                    Subpart I--Operating Noise Limits

    Source: Docket No. 18334, 54 FR 34321, Aug. 18, 1989, unless 
otherwise noted.



Sec. 91.801  Applicability: Relation to part 36.

    (a) This subpart prescribes operating noise limits and related 
requirements that apply, as follows, to the operation of civil aircraft 
in the United States.
    (1) Sections 91.803, 91.805, 91.807, 91.809, and 91.811 apply to 
civil subsonic turbojet airplanes with maximum weights of more than 
75,000 pounds and--
    (i) If U.S. registered, that have standard airworthiness 
certificates; or
    (ii) If foreign registered, that would be required by this chapter 
to have a U.S. standard airworthiness certificate in order to conduct 
the operations intended for the airplane were it registered in the 
United States. Those sections apply to operations to or from airports in 
the United States under this part and parts 121, 125, 129, and 135 of 
this chapter.
    (2) Section 91.813 applies to U.S. operators of civil subsonic 
turbojet airplanes covered by this subpart. This section applies to 
operators operating to or from airports in the United States under this 
part and parts 121, 125, and 135, but not to those operating under part 
129 of this chapter.
    (3) Sections 91.803, 91.819, and 91.821 apply to U.S.-registered 
civil supersonic airplanes having standard airworthiness certificates 
and to foreign-registered civil supersonic airplanes that, if registered 
in the United States, would be required by this chapter to have U.S. 
standard airworthiness certificates in order to conduct the operations 
intended for the airplane. Those sections apply to operations under this

[[Page 226]]

part and under parts 121, 125, 129, and 135 of this chapter.
    (b) Unless otherwise specified, as used in this subpart ``part 36'' 
refers to 14 CFR part 36, including the noise levels under appendix C of 
that part, notwithstanding the provisions of that part excepting certain 
airplanes from the specified noise requirements. For purposes of this 
subpart, the various stages of noise levels, the terms used to describe 
airplanes with respect to those levels, and the terms ``subsonic 
airplane'' and ``supersonic airplane'' have the meanings specified under 
part 36 of this chapter. For purposes of this subpart, for subsonic 
airplanes operated in foreign air commerce in the United States, the 
Administrator may accept compliance with the noise requirements under 
annex 16 of the International Civil Aviation Organization when those 
requirements have been shown to be substantially compatible with, and 
achieve results equivalent to those achievable under, part 36 for that 
airplane. Determinations made under these provisions are subject to the 
limitations of Sec. 36.5 of this chapter as if those noise levels were 
part 36 noise levels.
    (c) Sections 91.851 through 91.877 of this subpart prescribe 
operating noise limits and related requirements that apply to any civil 
subsonic turbojet airplane with a maximum certificated weight of more 
than 75,000 pounds operating to or from an airport in the 48 contiguous 
United States and the District of Columbia under this part, part 121, 
125, 129, or 135 of this chapter on and after September 25, 1991.
    (d) Section 91.877 prescribes reporting requirements that apply to 
any civil subsonic turbojet airplane with a maximum weight of more than 
75,000 pounds operated by an air carrier or foreign air carrier between 
the contiguous United States and the State of Hawaii, between the State 
of Hawaii and any point outside of the 48 contiguous United States, or 
between the islands of Hawaii in turnaround service, under part 121 or 
129 of this chapter on or after November 5, 1990.

[Doc. No. 18334, 54 FR 34321, Aug. 18, 1989; Amdt. 91-211, 54 FR 41211, 
Oct. 5, 1989, as amended by Amdt. 91-225, 56 FR 48658, Sept. 25, 1991; 
Amdt. 91-252, 61 FR 66185, Dec. 16, 1996]

    Effective Date Note: By Amdt. 91-252, 61 FR 66185, Dec. 16, 1996, 
Sec. 91.801 was amended in paragraph (c) by removing the reference to 
``91.875'' and adding ``91.877'' in its place and by adding a new 
paragraph (d), effective Jan. 15, 1997.



Sec. 91.803  Part 125 operators: Designation of applicable regulations.

    For airplanes covered by this subpart and operated under part 125 of 
this chapter, the following regulations apply as specified:
    (a) For each airplane operation to which requirements prescribed 
under this subpart applied before November 29, 1980, those requirements 
of this subpart continue to apply.
    (b) For each subsonic airplane operation to which requirements 
prescribed under this subpart did not apply before November 29, 1980, 
because the airplane was not operated in the United States under this 
part or part 121, 129, or 135 of this chapter, the requirements 
prescribed under Secs. 91.805, 91.809, 91.811, and 91.813 of this 
subpart apply.
    (c) For each supersonic airplane operation to which requirements 
prescribed under this subpart did not apply before November 29, 1980, 
because the airplane was not operated in the United States under this 
part or part 121, 129, or 135 of this chapter, the requirements of 
Secs. 91.819 and 91.821 of this subpart apply.
    (d) For each airplane required to operate under part 125 for which a 
deviation under that part is approved to operate, in whole or in part, 
under this part or part 121, 129, or 135 of this chapter, 
notwithstanding the approval, the requirements prescribed under 
paragraphs (a), (b), and (c) of this section continue to apply.



Sec. 91.805  Final compliance: Subsonic airplanes.

    Except as provided in Secs. 91.809 and 91.811, on and after January 
1, 1985, no

[[Page 227]]

person may operate to or from an airport in the United States any 
subsonic airplane covered by this subpart unless that airplane has been 
shown to comply with Stage 2 or Stage 3 noise levels under part 36 of 
this chapter.



Sec. 91.807  Phased compliance under parts 121, 125, and 135: Subsonic airplanes.

    (a) General. Each person operating airplanes under part 121, 125, or 
135 of this chapter, as prescribed under Sec. 91.803 of this subpart, 
regardless of the state of registry of the airplane, shall comply with 
this section with respect to subsonic airplanes covered by this subpart.
    (b) Compliance schedules. Except for airplanes shown to be operated 
in foreign air commerce under paragraph (c) of this section or covered 
by an exemption (including those issued under Sec. 91.811), airplanes 
operated by U.S. operators in air commerce in the United States must be 
shown to comply with Stage 2 or Stage 3 noise levels under part 36 of 
this chapter, in accordance with the following schedule, or they may not 
be operated to or from airports in the United States:
    (1) By January 1, 1981--
    (i) At least one quarter of the airplanes that have four engines 
with no bypass ratio or with a bypass ratio less than two; and
    (ii) At least half of the airplanes powered by engines with any 
other bypass ratio or by another number of engines.
    (2) By January 1, 1983--
    (i) At least one-half of the airplanes that have four engines with 
no bypass ratio or with a bypass ratio less than two; and
    (ii) All airplanes powered by engines with any other bypass ratio or 
by another number of engines.
    (c) Apportionment of airplanes. For purposes of paragraph (b) of 
this section, a person operating airplanes engaged in domestic and 
foreign air commerce in the United States may elect not to comply with 
the phased schedule with respect to that portion of the airplanes 
operated by that person shown, under an approved method of 
apportionment, to be engaged in foreign air commerce in the United 
States.



Sec. 91.809  Replacement airplanes.

    A Stage 1 airplane may be operated after the otherwise applicable 
compliance dates prescribed under Secs. 91.805 and 91.807 if, under an 
approved plan, a replacement airplane has been ordered by the operator 
under a binding contract as follows:
    (a) For replacement of an airplane powered by two engines, until 
January 1, 1986, but not after the date specified in the plan, if the 
contract is entered into by January 1, 1983, and specifies delivery 
before January 1, 1986, of a replacement airplane which has been shown 
to comply with Stage 3 noise levels under part 36 of this chapter.
    (b) For replacement of an airplane powered by three engines, until 
January 1, 1985, but not after the date specified in the plan, if the 
contract is entered into by January 1, 1983, and specifies delivery 
before January 1, 1985, of a replacement airplane which has been shown 
to comply with Stage 3 noise levels under part 36 of this chapter.
    (c) For replacement of any other airplane, until January 1, 1985, 
but not after the date specified in the plan, if the contract specifies 
delivery before January 1, 1985, of a replacement airplane which--
    (1) Has been shown to comply with Stage 2 or Stage 3 noise levels 
under part 36 of this chapter prior to issuance of an original standard 
airworthiness certificate; or
    (2) Has been shown to comply with Stage 3 noise levels under part 36 
of this chapter prior to issuance of a standard airworthiness 
certificate other than original issue.
    (d) Each operator of a Stage 1 airplane for which approval of a 
replacement plan is requested under this section shall submit to the 
Director, Office of Environment and Energy, an application constituting 
the proposed replacement plan (or revised plan) that contains the 
information specified under this paragraph and which is certified (under 
penalty of 18 U.S.C. 1001) as true and correct. Each application for 
approval must provide information corresponding to that specified in the 
contract, upon which the FAA may rely in considering its approval, as 
follows:

[[Page 228]]

    (1) Name and address of the applicant.
    (2) Aircraft type and model and registration number for each 
airplane to be replaced under the plan.
    (3) Aircraft type and model of each replacement airplane.
    (4) Scheduled dates of delivery and introduction into service of 
each replacement airplane.
    (5) Names and addresses of the parties to the contract and any other 
persons who may effectively cancel the contract or otherwise control the 
performance of any party.
    (6) Information specifying the anticipated disposition of the 
airplanes to be replaced.
    (7) A statement that the contract represents a legally enforceable, 
mutual agreement for delivery of an eligible replacement airplane.
    (8) Any other information or documentation requested by the 
Director, Office of Environment and Energy, reasonably necessary to 
determine whether the plan should be approved.



Sec. 91.811  Service to small communities exemption: Two-engine, subsonic airplanes.

    (a) A Stage l airplane powered by two engines may be operated after 
the compliance dates prescribed under Secs. 91.805, 91.807, and 91.809 
when, with respect to that airplane, the Administrator issues an 
exemption to the operator from the noise level requirements under this 
subpart. Each exemption issued under this section terminates on the 
earliest of the following dates:
    (1) For an exempted airplane sold, or otherwise disposed of, to 
another person on or after January 1, 1983, on the date of delivery to 
that person.
    (2) For an exempted airplane with a seating configuration of 100 
passenger seats or less, on January 1, 1988.
    (3) For an exempted airplane with a seating configuration of more 
than 100 passenger seats, on January 1, 1985.
    (b) For the purpose of this section, the seating configuration of an 
airplane is governed by that shown to exist on December 1, 1979, or an 
earlier date established for that airplane by the Administrator.



Sec. 91.813  Compliance plans and status: U.S. operations of subsonic airplanes.

    (a) Each U.S. operator of a civil subsonic airplane covered by this 
subpart (regardless of the state of registry) shall submit to the 
Director, Office of Environment and Energy, in accordance with this 
section, the operator's current compliance status and plan for achieving 
and maintaining compliance with the applicable noise level requirements 
of this subpart. If appropriate, an operator may substitute for the 
required plan a notice, certified as true (under penalty of 18 U.S.C. 
1001) by that operator, that no change in the plan or status of any 
airplane affected by the plan has occurred since the date of the plan 
most recently submitted under this section.
    (b) Each compliance plan, including each revised plan, must contain 
the information specified under paragraph (c) of this section for each 
airplane covered by this section that is operated by the operator. 
Unless otherwise approved by the Administrator, compliance plans must 
provide the required plan and status information as it exists on the 
date 30 days before the date specified for submission of the plan. Plans 
must be certified by the operator as true and complete (under penalty of 
18 U.S.C. 1001) and be submitted for each airplane covered by this 
section on or before 90 days after initially commencing operation of 
airplanes covered by this section, whichever is later, and thereafter--
    (1) Thirty days after any change in the operator's fleet or 
compliance planning decisions that has a separate or cumulative effect 
on 10 percent or more of the airplanes in either class of airplanes 
covered by Sec. 91.807(b); and
    (2) Thirty days after each compliance date applicable to that 
airplane under this subpart, and annually thereafter through 1985, or 
until any later date for that airplane prescribed under this subpart, on 
the anniversary of that submission date, to show continuous compliance 
with this subpart.
    (c) Each compliance plan submitted under this section must identify 
the operator and include information regarding the compliance plan and 
status

[[Page 229]]

for each airplane covered by the plan as follows:
    (1) Name and address of the airplane operator.
    (2) Name and telephone number of the person designated by the 
operator to be responsible for the preparation of the compliance plan 
and its submission.
    (3) The total number of airplanes covered by this section and in 
each of the following classes and subclasses:
    (i) For airplanes engaged in domestic air commerce--
    (A) Airplanes powered by four turbojet engines with no bypass ratio 
or with a bypass ratio less than two;
    (B) Airplanes powered by engines with any other bypass ratio or by 
another number of engines; and
    (C) Airplanes covered by an exemption issued under Sec. 91.811 of 
this subpart.
    (ii) For airplanes engaged in foreign air commerce under an approved 
apportionment plan--
    (A) Airplanes powered by four turbojet engines with no bypass ratio 
or with a bypass ratio less than two;
    (B) Airplanes powered by engines with any other bypass ratio or by 
another number of engines; and
    (C) Airplanes covered by an exemption issued under Sec. 91.811 of 
this subpart.
    (4) For each airplane covered by this section--
    (i) Aircraft type and model;
    (ii) Aircraft registration number;
    (iii) Aircraft manufacturer serial number;
    (iv) Aircraft powerplant make and model;
    (v) Aircraft year of manufacture;
    (vi) Whether part 36 noise level compliance has been shown, ``Yes/
No'';
    (vii) The appropriate code prescribed under paragraph (c)(5) of this 
section which indicates the acoustical technology installed, or to be 
installed, on the airplane;
    (viii) For airplanes on which acoustical technology has been or will 
be applied, following the appropriate code entry, the actual or 
scheduled month and year of installation on the airplane;
    (ix) For DC-8 and B-707 airplanes operated in domestic U.S. air 
commerce which have been or will be retired from service in the United 
States without replacement between January 24, 1977, and January 1, 
1985, the appropriate code prescribed under paragraph (c)(5) of this 
section followed by the actual or scheduled month and year of retirement 
of the airplane from service;
    (x) For DC-8 and B-707 airplanes operated in foreign air commerce in 
the United States which have been or will be retired from service in the 
United States without replacement between April 14, 1980, and January 1, 
1985, the appropriate code prescribed under paragraph (c)(5) of this 
section followed by the actual or scheduled month and year of retirement 
of the airplane from service;
    (xi) For airplanes covered by an approved replacement plan under 
Sec. 91.807(c) of this subpart, the appropriate code prescribed under 
paragraph (c)(5) of this section followed by the scheduled month and 
year for replacement of the airplane;
    (xii) For airplanes designated as ``engaged in foreign commerce'' in 
accordance with an approved method of apportionment under Sec. 91.807(c) 
of this subpart, the appropriate code prescribed under paragraph (c)(5) 
of this section;
    (xiii) For airplanes covered by an exemption issued to the operator 
granting relief from noise level requirements of this subpart, the 
appropriate code prescribed under paragraph (c)(5) of this section 
followed by the actual or scheduled month and year of expiration of the 
exemption and the appropriate code and applicable dates which indicate 
the compliance strategy planned or implemented for the airplane;
    (xiv) For all airplanes covered by this section, the number of spare 
shipsets of acoustical components needed for continuous compliance and 
the number available on demand to the operator in support of those 
airplanes; and
    (xv) For airplanes for which none of the other codes prescribed 
under paragraph (c)(5) of this section describes either the technology 
applied or to be applied to the airplane in accordance with the 
certification requirements under parts 21 and 36 of this chapter, or the 
compliance strategy or methodology following the code ``OTH,'' enter

[[Page 230]]

the date of any certificate action and attach an addendum to the plan 
explaining the nature and the extent of the certificated technology, 
strategy, or methodology employed, with reference to the type 
certificate documentation.

            (5) Table of Acoustical Technology/Strategy Codes           
------------------------------------------------------------------------
        Code            Airplane type/model      Certificate technology 
------------------------------------------------------------------------
A                    B-707-120B; B-707-320B/C;  Quiet nacelles + 1-ring.
                      B-720B.                                           
B                    B-727-100................  Double wall fan duct    
                                                 treatment.             
C                    B-727-200................  Double wall fan duct    
                                                 treatment (pre-January 
                                                 1977 installations and 
                                                 amended type           
                                                 certificate).          
D                    B-727-200; B-737-100; B-   Quiet nacelles + double 
                      737-200.                   wall fan duct          
                                                 treatment.             
E                    B-747-100 (pre-December    Fixed lip inlets + sound
                      1971); B-747-200 (pre-     absorbing material     
                      December 1971).            treatment.             
F                    DC-8.....................  New extended inlet and  
                                                 bullet with treatment +
                                                 fan duct treatment     
                                                 areas.                 
G                    DC-9.....................  P-36 sound absorbing    
                                                 material treatment kit.
H                    BAC-111-200..............  Silencer kit (BAC       
                                                 Acoustic Report 522).  
I                    BAC-111-400..............  Silencer kit (BAC       
                                                 Acoustic Report 598).  
J                    B-707; DC-8..............  Reengined with high     
                                                 bypass ratio turbojet  
                                                 engines + quiet        
                                                 nacelles (if           
                                                 certificated under     
                                                 stage 3 noise level    
                                                 requirements).         
------------------------------------------------------------------------

    REP--For airplanes covered by an approved replacement plan under 
Sec. 91.807(c) of this subpart.
    EFC--For airplanes designated as ``engaged in foreign commerce'' in 
accordance with an approved method of apportionment under Sec. 91.811 of 
this subpart.
    RET--For DC-8 and B-707 airplanes operated in domestic U.S. air 
commerce and retired from service in the United States without 
replacement between January 24, 1977, and January 1, 1985. RFC--For DC-8 
and B-707 airplanes operated by U.S. operators in foreign air commerce 
in the United States and retired from service in the United States 
without replacement between April 14, 1980, and January 1, 1985.
    EXD--For airplanes exempted from showing compliance with the noise 
level requirements of this subpart.
    OTH--For airplanes for which no other prescribed code describes 
either the certificated technology applied or to be applied to the 
airplane, or the compliance strategy or methodology. (An addendum must 
explain the nature and extent of technology, strategy, or methodology 
and reference the type certificate documentation.)



Sec. 91.815  Agricultural and fire fighting airplanes: Noise operating limitations.

    (a) This section applies to propeller-driven, small airplanes having 
standard airworthiness certificates that are designed for ``agricultural 
aircraft operations'' (as defined in Sec. 137.3 of this chapter, as 
effective on January 1, 1966) or for dispensing fire fighting materials.
    (b) If the Airplane Flight Manual, or other approved manual material 
information, markings, or placards for the airplane indicate that the 
airplane has not been shown to comply with the noise limits under part 
36 of this chapter, no person may operate that airplane, except--
    (1) To the extent necessary to accomplish the work activity directly 
associated with the purpose for which it is designed;
    (2) To provide flight crewmember training in the special purpose 
operation for which the airplane is designed; and
    (3) To conduct ``nondispensing aerial work operations'' in 
accordance with the requirements under Sec. 137.29(c) of this chapter.



Sec. 91.817  Civil aircraft sonic boom.

    (a) No person may operate a civil aircraft in the United States at a 
true flight Mach number greater than 1 except in compliance with 
conditions and limitations in an authorization to exceed Mach 1 issued 
to the operator under appendix B of this part.
    (b) In addition, no person may operate a civil aircraft for which 
the maximum operating limit speed MM0 exceeds a Mach number 
of 1, to or from an airport in the United States, unless--

[[Page 231]]

    (1) Information available to the flight crew includes flight 
limitations that ensure that flights entering or leaving the United 
States will not cause a sonic boom to reach the surface within the 
United States; and
    (2) The operator complies with the flight limitations prescribed in 
paragraph (b)(1) of this section or complies with conditions and 
limitations in an authorization to exceed Mach 1 issued under appendix B 
of this part.

(Approved by the Office of Management and Budget under control number 
2120-0005)



Sec. 91.819  Civil supersonic airplanes that do not comply with part 36.

    (a) Applicability. This section applies to civil supersonic 
airplanes that have not been shown to comply with the Stage 2 noise 
limits of part 36 in effect on October 13, 1977, using applicable trade-
off provisions, and that are operated in the United States, after July 
31, 1978.
    (b) Airport use. Except in an emergency, the following apply to each 
person who operates a civil supersonic airplane to or from an airport in 
the United States:
    (1) Regardless of whether a type design change approval is applied 
for under part 21 of this chapter, no person may land or take off an 
airplane covered by this section for which the type design is changed, 
after July 31, 1978, in a manner constituting an ``acoustical change'' 
under Sec. 21.93 unless the acoustical change requirements of part 36 
are complied with.
    (2) No flight may be scheduled, or otherwise planned, for takeoff or 
landing after 10 p.m. and before 7 a.m. local time.



Sec. 91.821  Civil supersonic airplanes: Noise limits.

    Except for Concorde airplanes having flight time before January 1, 
1980, no person may operate in the United States, a civil supersonic 
airplane that does not comply with Stage 2 noise limits of part 36 in 
effect on October 13, 1977, using applicable trade-off provisions.
Secs. 91.823--91.849  [Reserved]



Sec. 91.851   Definitions.

    For the purposes of Sec. 91.851 through 91.877 of this subpart:
    Contiguous United States means the area encompassed by the 48 
contiguous United States and the District of Columbia.
    Fleet means those civil subsonic turbojet airplanes with a maximum 
certificated weight of more than 75,000 pounds that are listed on an 
operator's operations specifications as eligible for operation in the 
contiguous United States.
    Import means a change in ownership of an airplane from a non-U.S. 
person to a U.S. person when the airplane is brought into the United 
States for operation.
    Operations specifications means an enumeration of airplanes by type, 
model, series, and serial number operated by the operator or foreign air 
carrier on a given day, regardless of how or whether such airplanes are 
formally listed or designated by the operator.
    Owner means any person that has indicia of ownership sufficient to 
register the airplane in the United States pursuant to part 47 of this 
chapter.
    New entrant means an air carrier or foreign air carrier that, on or 
before November 5, 1990, did not conduct operations under part 121 or 
129 of this chapter using an airplane covered by this subpart to or from 
any airport in the contiguous United States, but that initiates such 
operation after that date.
    Stage 2 noise levels mean the requirements for Stage 2 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 3 noise levels mean the requirements for Stage 3 noise levels 
as defined in part 36 of this chapter in effect on November 5, 1990.
    Stage 2 airplane means a civil subsonic turbojet airplane with a 
maximum certificated weight of 75,000 pounds or more that complies with 
Stage 2 noise levels as defined in part 36 of this chapter.
    Stage 3 airplane means a civil subsonic turbojet airplane with a 
maximum certificated weight of 75,000 pounds or more that complies with

[[Page 232]]

Stage 3 noise levels as defined in part 36 of this chapter.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

    Effective Date Note: By Amdt. 91-252, 61 FR 66185, Dec. 16, 1996, 
Sec. 91.851 was amended in the introductory text by removing the 
reference ``91.875'' and adding ``91.877'' in its place and in the 
definition of ``New entrant'' by revising the phrase ``part 121, 125, 
129 or 135'' to read ``part 121 or 129'', effective Jan. 15, 1997.



Sec. 91.853  Final compliance: Civil subsonic airplanes.

Except as provided in Sec. 91.873, after December 31, 1999, no person 
shall operate to or from any airport in the contiguous United States any 
airplane subject to Sec. 91.801(c) of this subpart, unless that airplane 
has been shown to comply with Stage 3 noise levels.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991]



Sec. 91.855  Entry and nonaddition rule.

    No person may operate any airplane subject to Sec. 91.801(c) of this 
subpart to or from an airport in the contiguous United States unless one 
or more of the following apply:
    (a) The airplane complies with Stage 3 noise levels.
    (b) The airplane complies with Stage 2 noise levels and was owned by 
a U.S. person on and since November 5, 1990. Stage 2 airplanes that meet 
these criteria and are leased to foreign airlines are also subject to 
the return provisions of paragraph (e) of this section.
    (c) The airplane complies with Stage 2 noise levels, is owned by a 
non-U.S. person, and is the subject of a binding lease to a U.S. person 
effective before and on September 25, 1991. Any such airplane may be 
operated for the term of the lease in effect on that date, and any 
extensions thereof provided for in that lease.
    (d) The airplane complies with Stage 2 noise levels and is operated 
by a foreign air carrier.
    (e) The airplane complies with Stage 2 noise levels and is operated 
by a foreign operator other than for the purpose of foreign air 
commerce.
    (f) The airplane complies with Stage 2 noise levels and--
    (1) On November 5, 1990, was owned by:
    (i) A corporation, trust, or partnership organized under the laws of 
the United States or any State (including individual States, 
territories, possessions, and the District of Columbia);
    (ii) An individual who is a citizen of the United States; or
    (iii) An entity owned or controlled by a corporation, trust, 
partnership, or individual described in paragraph (f)(1) (i) or (ii) of 
this section; and
    (2) Enters into the United States not later than 6 months after the 
expiration of a lease agreement (including any extensions thereof) 
between an owner described in paragraph (f)(1) of this section and a 
foreign airline.
    (g) The airplane complies with Stage 2 noise levels and was 
purchased by the importer under a written contract executed before 
November 5, 1990.
    (h) Any Stage 2 airplane described in this section is eligible for 
operation in the contiguous United States only as provided under 
Sec. 91.865 or 91.867.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]



Sec. 91.857  Stage 2 operations outside of the 48 contiguous United States, and authorization for maintenance.

    An operator of a Stage 2 airplane that is operating only between 
points outside the contiguous United States on or after November 5, 
1990, shall--
    (a) Include in its operations specifications a statement that such 
airplane may not be used to provide air transportation to or from any 
airport in the contiguous United States.
    (b) Obtain a special flight authorization to operate that airplane 
into the contiguous United States for the purpose of maintenance. The 
special flight authorization must include a statement indicating that 
this regulation is the basis for the authorization.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

    Effective Date Note: By Amdt. 91-252, 61 FR 66185, Dec. 16, 1996, 
Sec. 91.857 was amended by revising the heading and introductory text, 
effective Jan. 15, 1997. For the convenience of the user, the superseded 
text is set forth as follows:

[[Page 233]]

Sec. 91.857  Airplanes imported to points outside the contiguous United 
States.
    An operator of a Stage 2 airplane that was imported into a 
noncontiguous State, territory, or possession of the United States on or 
after November 5, 1990, shall:

                                * * * * *



Sec. 91.859   Modification to meet Stage 3 noise levels.

    For an airplane subject to Sec. 91.801(c) of this subpart and 
otherwise prohibited from operation to or from an airport in the 
contiguous United States by Sec. 91.855, any person may apply for a 
special flight authorization for that airplane to operate in the 
contiguous United States for the purpose of obtaining modifications to 
meet Stage 3 noise levels.

[Doc. No. 26433, 56 FR 48658, Sept. 25, 1991]



Sec. 91.861   Base level.

    (a) U.S. Operators. The base level of a U.S. operator is equal to 
the number of owned or leased Stage 2 airplanes subject to 
Sec. 91.801(c) of this subpart that were listed on that operator's 
operations specifications for operations to or from airports in the 
contiguous United States on any one day selected by the operator during 
the period January 1, 1990, through July 1, 1991, plus or minus 
adjustments made pursuant to paragraphs (a) (1) and (2).
    (1) The base level of a U.S. operator shall be increased by a number 
equal to the total of the following--
    (i) The number of Stage 2 airplanes returned to service in the 
United States pursuant to Sec. 91.855(f);
    (ii) The number of Stage 2 airplanes purchased pursuant to 
Sec. 91.855(g); and
    (iii) Any U.S. operator base level acquired with a Stage 2 airplane 
transferred from another person under Sec. 91.863.
    (2) The base level of a U.S. operator shall be decreased by the 
amount of U.S. operator base level transferred with the corresponding 
number of Stage 2 airplanes to another person under Sec. 91.863.
    (b) Foreign air carriers. The base level of a foreign air carrier is 
equal to the number of owned or leased Stage 2 airplanes that were 
listed on that carrier's U.S. operations specifications on any one day 
during the period January 1, 1990, through July 1, 1991, plus or minus 
any adjustments to the base levels made pursuant to paragraphs (b) (1) 
and (2).
    (1) The base level of a foreign air carrier shall be increased by 
the amount of foreign air carrier base level acquired with a Stage 2 
airplane from another person under Sec. 91.863.
    (2) The base level of a foreign air carrier shall be decreased by 
the amount of foreign air carrier base level transferred with a Stage 2 
airplane to another person under Sec. 91.863.
    (c) New entrants do not have a base level.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 51167, Oct. 10, 
1991]



Sec. 91.863   Transfers of Stage 2 airplanes with base level.

    (a) Stage 2 airplanes may be transferred with or without the 
corresponding amount of base level. Base level may not be transferred 
without the corresponding number of Stage 2 airplanes.
    (b) No portion of a U.S. operator's base level established under 
Sec. 91.861(a) may be used for operations by a foreign air carrier. No 
portion of a foreign air carrier's base level established under 
Sec. 91.861(b) may be used for operations by a U.S. operator.
    (c) Whenever a transfer of Stage 2 airplanes with base level occurs, 
the transferring and acquiring parties shall, within 10 days, jointly 
submit written notification of the transfer to the FAA, Office of 
Environment and Energy. Such notification shall state:
    (1) The names of the transferring and acquiring parties;
    (2) The name, address, and telephone number of the individual 
responsible for submitting the notification on behalf of the 
transferring and acquiring parties;
    (3) The total number of Stage 2 airplanes transferred, listed by 
airplane type, model, series, and serial number;
    (4) The corresponding amount of base level transferred and whether 
it is U.S. operator or foreign air carrier base level; and

[[Page 234]]

    (5) The effective date of the transaction.
    (d) If, taken as a whole, a transaction or series of transactions 
made pursuant to this section does not produce an increase or decrease 
in the number of Stage 2 airplanes for either the acquiring or 
transferring operator, such transaction or series of transactions may 
not be used to establish compliance with the requirements of 
Sec. 91.865.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]



Sec. 91.865   Phased compliance for operators with base level.

    Except as provided in paragraph (a) of this section, each operator 
that operates an airplane under part 91, 121, 125, 129, or 135 of this 
chapter, regardless of the national registry of the airplane, shall 
comply with paragraph (b) or (d) of this section at each interim 
compliance date with regard to its subsonic airplane fleet covered by 
Sec. 91.801(c) of this subpart.
    (a) This section does not apply to new entrants covered by 
Sec. 91.867 or to foreign operators not engaged in foreign air commerce.
    (b) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall reduce the number 
of Stage 2 airplanes it operates that are eligible for operation in the 
contiguous United States to a maximum of:
    (1) After December 31, 1994, 75 percent of the base level held by 
the operator;
    (2) After December 31, 1996, 50 percent of the base level held by 
the operator;
    (3) After December 31, 1998, 25 percent of the base level held by 
the operator.
    (c) Except as provided under Sec. 91.871, the number of Stage 2 
airplanes that must be reduced at each compliance date contained in 
paragraph (b) of this section shall be determined by reference to the 
amount of base level held by the operator on that compliance date, as 
calculated under Sec. 91.861.
    (d) Each operator that chooses to comply with this paragraph 
pursuant to any interim compliance requirement shall operate a fleet 
that consists of:
    (1) After December 31, 1994, not less than 55 percent Stage 3 
airplanes;
    (2) After December 31, 1996, not less than 65 percent Stage 3 
airplanes;
    (3) After December 31, 1998, not less than 75 percent Stage 3 
airplanes.
    (e) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]



Sec. 91.867   Phased compliance for new entrants.

    (a) New entrant U.S. air carriers.
    (1) A new entrant initiating operations under part 121 of this 
chapter on or before December 31, 1994, may initiate service without 
regard to the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet of a 
new entrant must comply with Stage 3 noise levels.
    (b) New entrant foreign air carriers.
    (1) A new entrant foreign air carrier initiating part 129 operations 
on or before December 31, 1994, may initiate service without regard to 
the percentage of its fleet composed of Stage 3 airplanes.
    (2) After December 31, 1994, at least 25 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (3) After December 31, 1996, at least 50 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (4) After December 31, 1998, at least 75 percent of the fleet on 
U.S. operations specifications of a new entrant foreign air carrier must 
comply with Stage 3 noise levels.
    (c) Calculations resulting in fractions may be rounded to permit the 
continued operation of the next whole number of Stage 2 airplanes.

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991, as amended by Amdt. 91-
252, 61 FR 66185, Dec. 16, 1996]

    Effective Date Note: By Amdt. 91-252, 61 FR 66185, Dec. 16, 1996, 
Sec. 91.867 was amended in paragraph (a)(1) by revising the phrase

[[Page 235]]

``part 121, 125, or 135'' to read ``part 121'', effective Jan. 15, 1997.



Sec. 91.869   Carry-forward compliance.

    (a) Any operator that exceeds the requirements of paragraph (b) of 
Sec. 91.865 of this part on or before December 31, 1994, or on or before 
December 31, 1996, may claim a credit that may be applied at a 
subsequent interim compliance date.
    (b) Any operator that eliminates or modifies more Stage 2 airplanes 
pursuant to Sec. 91.865(b) than required as of December 31, 1994, or 
December 31, 1996, may count the number of additional Stage 2 airplanes 
reduced as a credit toward--
    (1) The number of Stage 2 airplanes it would otherwise be required 
to reduce following a subsequent interim compliance date specified in 
Sec. 91.865(b); or
    (2) The number of Stage 3 airplanes it would otherwise be required 
to operate in its fleet following a subsequent interim compliance date 
to meet the percentage requirements specified in Sec. 91.865(d).

[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991; 56 FR 65783, Dec. 18, 
1991]



Sec. 91.871   Waivers from interim compliance requirements.

    (a) Any U.S. operator or foreign air carrier subject to the 
requirements of Sec. 91.865 or 91.867 of this subpart may request a 
waiver from any individual compliance requirement.
    (b) Applications must be filed with the Secretary of Transportation 
at least 120 days prior to the compliance date from which the waiver is 
requested.
    (c) Applicants must show that a grant of waiver would be in the 
public interest, and must include in its application its plans and 
activities for modifying its fleet, including evidence of good faith 
efforts to comply with the requirements of Sec. 91.865 or Sec. 91.867. 
The application should contain all information the applicant considers 
relevant, including, as appropriate, the following:
    (1) The applicant's balance sheet and cash flow positions;
    (2) The composition of the applicant's current fleet; and
    (3) The applicant's delivery position with respect to new airplanes 
or noise-abatement equipment.
    (d) Waivers will be granted only upon a showing by the applicant 
that compliance with the requirements of Sec. 91.865 or 91.867 at a 
particular interim compliance date is financially onerous, physically 
impossible, or technologically infeasible, or that it would have an 
adverse effect on competition or on service to small communities.
    (e) The conditions of any waiver granted under this section shall be 
determined by the circumstances presented in the application, but in no 
case may the term extend beyond the next interim compliance date.
    (f) A summary of any request for a waiver under this section will be 
published in the Federal Register, and public comment will be invited. 
Unless the Secretary finds that circumstances require otherwise, the 
public comment period will be at least 14 days.

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991]



Sec. 91.873   Waivers from final compliance.

    (a) A U.S. air carrier may apply for a waiver from the prohibition 
contained in Sec. 91.853 for its remaining Stage 2 airplanes, provided 
that, by July 1, 1999, at least 85 percent of the airplanes used by the 
carrier to provide service to or from an airport in the contiguous 
United States will comply with the Stage 3 noise levels.
    (b) An application for the waiver described in paragraph (a) of this 
section must be filed with the Secretary of Transportation no later than 
January 1, 1999. Such application must include a plan with firm orders 
for replacing or modifying all airplanes to comply with Stage 3 noise 
levels at the earliest practicable time.
    (c) To be eligible to apply for the waiver under this section, a new 
entrant U.S. air carrier must initiate service no later than January 1, 
1999, and must comply fully with all provisions of this section.
    (d) The Secretary may grant a waiver under this section if the 
Secretary finds that granting such waiver is in the public interest. In 
making such a finding, the Secretary shall include consideration of the 
effect of granting

[[Page 236]]

such waiver on competition in the air carrier industry and the effect on 
small community air service, and any other information submitted by the 
applicant that the Secretary considers relevant.
    (e) The term of any waiver granted under this section shall be 
determined by the circumstances presented in the application, but in no 
case will the waiver permit the operation of any Stage 2 airplane 
covered by this subchapter in the contiguous United States after 
December 31, 2003.
    (f) A summary of any request for a waiver under this section will be 
published in the Federal Register, and public comment will be invited. 
Unless the secretary finds that circumstances require otherwise, the 
public comment period will be at least 14 days.

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51167 Oct. 10, 1991]



Sec. 91.875   Annual progress reports.

    (a) Each operator subject to Sec. 91.865 or Sec. 91.867 of this 
chapter shall submit an annual report to the FAA, Office of Environment 
and Energy, on the progress it has made toward complying with the 
requirements of that section. Such reports shall be submitted no later 
than 45 days after the end of a calendar year. All progress reports must 
provide the information through the end of the calendar year, be 
certified by the operator as true and complete (under penalty of 18 
U.S.C. 1001), and include the following information:
    (1) The name and address of the operator;
    (2) The name, title, and telephone number of the person designated 
by the operator to be responsible for ensuring the accuracy of the 
information in the report;
    (3) The operator's progress during the reporting period toward 
compliance with the requirements of Sec. 91.853, Sec. 91.865 or 
Sec. 91.867. For airplanes on U.S. operations specifications, each 
operator shall identify the airplanes by type, model, series, and serial 
number.
    (i) Each Stage 2 airplane added or removed from operation or U.S. 
operations specifications (grouped separately by those airplanes 
acquired with and without base level);
    (ii) Each Stage 2 airplane modified to Stage 3 noise levels 
(identifying the manufacturer and model of noise abatement retrofit 
equipment;
    (iii) Each Stage 3 airplane on U.S. operations specifications as of 
the last day of the reporting period; and
    (iv) For each Stage 2 airplane transferred or acquired, the name and 
address of the recipient or transferor; and, if base level was 
transferred, the person to or from whom base level was transferred or 
acquired pursuant to Section 91.863 along with the effective date of 
each base level transaction, and the type of base level transferred or 
acquired.
    (b) Each operator subject to Sec. 91.865 or Sec. 91.867 of this 
chapter shall submit an initial progress report covering the period from 
January 1, 1990, through December 31, 1991, and provide:
    (1) For each operator subject to Sec. 91.865:
    (i) The date used to establish its base level pursuant to 
Sec. 91.861(a); and
    (ii) A list of those Stage 2 airplanes (by type, model, series and 
serial number) in its base level, including adjustments made pursuant to 
Sec. 91.861 after the date its base level was established.
    (2) For each U.S. operator:
    (i) A plan to meet the compliance schedules in Sec. 91.865 or 
Sec. 91.867 and the final compliance date of Sec. 91.853, including the 
schedule for delivery of replacement Stage 3 airplanes or the 
installation of noise abatement retrofit equipment; and
    (ii) A separate list (by type, model, series, and serial number) of 
those airplanes included in the operator's base level, pursuant to 
Sec. 91.861(a)(1) (i) and (ii), under the categories ``returned'' or 
``purchased,'' along with the date each was added to its operations 
specifications.
    (c) Each operator subject to Sec. 91.865 or Sec. 91.867 of this 
chapter shall submit subsequent annual progress reports covering the 
calendar year preceding the report and including any changes in the 
information provided in paragraphs (a) and (b) of this section; 
including the use of any carry-forward credits pursuant to Sec. 91.869.
    (d) An operator may request, in any report, that specific planning 
data be considered proprietary.

[[Page 237]]

    (e) If an operator's actions during any reporting period cause it to 
achieve compliance with Sec. 91.853, the report should include a 
statement to that effect. Further progress reports are not required 
unless there is any change in the information reported pursuant to 
paragraph (a) of this section.
    (f) For each U.S. operator subject to Sec. 91.865, progress reports 
submitted for calendar years 1994, 1996, and 1998, shall also state how 
the operator achieved compliance with the requirements of that section, 
i.e.--
    (1) By reducing the number of Stage 2 airplanes in its fleet to no 
more than the maximum permitted percentage of its base level under 
Sec. 91.865(b), or
    (2) By operating a fleet that consists of at least the minimum 
required percentage of Stage 3 airplanes under Sec. 91.865(d).

(Approved by the Office of Management and Budget under control number 
2120-0553)

[Doc. No. 26433, 56 FR 48660, Sept. 25, 1991; 56 FR 51168, Oct. 10, 
1991, as amended by 57 FR 5977, Feb. 19, 1992]



Sec. 91.877   Annual reporting of Hawaiian operations.

    (a) Each air carrier or foreign air carrier subject to Sec. 91.865 
or Sec. 91.867 of this part that conducts operations between the 
contiguous United States and the State of Hawaii, between the State of 
Hawaii and any point outside of the contiguous United States, or between 
the islands of Hawaii in turnaround service, on or since November 5, 
1990, shall include in its annual report the information described in 
paragraph (c) of this section.
    (b) Each air carrier or foreign air carrier not subject to 
Sec. 91.865 or Sec. 91.867 of this part that conducts operations between 
the contiguous U.S. and the State of Hawaii, between the State of Hawaii 
and any point outside of the contiguous United States, or between the 
islands of Hawaii in turnaround service, on or since November 5, 1990, 
shall submit an annual report to the FAA, Office of Environment and 
Energy, on its compliance with the Hawaiian operations provisions of 49 
U.S.C. 47528. Such reports shall be submitted no later than 45 days 
after the end of a calendar year. All progress reports must provide the 
information through the end of the calendar year, be certified by the 
operator as true and complete (under penalty of 18 U.S.C. 1001), and 
include the following information--
    (1) The name and address of the air carrier or foreign air carrier;
    (2) The name, title, and telephone number of the person designated 
by the air carrier or foreign air carrier to be responsible for ensuring 
the accuracy of the information in the report; and
    (3) The information specified in paragraph (c) of this section.
    (c) The following information must be included in reports filed 
pursuant to this section--
    (1) For operations conducted between the contiguous United States 
and the State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990;
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change;
    (2) For air carriers that conduct inter-island turnaround service in 
the State of Hawaii--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990;
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change;
    (iii) For an air carrier that provided inter-island trunaround 
service within the state of Hawaii on November 5, 1990, the number 
reported under paragraph (c)(2)(i) of this section may include all Stage 
2 airplanes with a maximum certificated takeoff weight of more than 
75,000 pounds that were owned or leased by the air carrier on November 
5, 1990, regardless of whether such airplanes were operated by that air 
carrier or foreign air carrier on that date.
    (3) For operations conducted between the State of Hawaii and a point 
outside the contiguous United States--
    (i) The number of Stage 2 airplanes used to conduct such operations 
as of November 5, 1990; and
    (ii) Any change to that number during the calendar year being 
reported, including the date of such change.

[[Page 238]]

    (d) Reports or amended reports for years predating this regulation 
are required to be filed concurrently with the next annual report.

[Doc. No. 28213, 61 FR 66185, Dec. 16, 1996]

    Effective Date Note: By Doc. No. 28213, 61 FR 66185, Dec. 16, 1996, 
Sec. 91.877 was added to Part 91, effective Jan. 15, 1997.
Secs. 91.879--91.899  [Reserved]



                           Subpart J--Waivers

Sec. 91.901  [Reserved]



Sec. 91.903  Policy and procedures.

    (a) The Administrator may issue a certificate of waiver authorizing 
the operation of aircraft in deviation from any rule listed in this 
subpart if the Administrator finds that the proposed operation can be 
safely conducted under the terms of that certificate of waiver.
    (b) An application for a certificate of waiver under this part is 
made on a form and in a manner prescribed by the Administrator and may 
be submitted to any FAA office.
    (c) A certificate of waiver is effective as specified in that 
certificate of waiver.

[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]



Sec. 91.905  List of rules subject to waivers.

Sec.
91.107  Use of safety belts.
91.111  Operating near other aircraft.
91.113  Right-of-way rules: Except water operations.
91.115  Right-of-way rules: Water operations.
91.117  Aircraft speed.
91.119  Minimum safe altitudes: General.
91.121  Altimeter settings.
91.123  Compliance with ATC clearances and instructions.
91.125  ATC light signals.
91.126 Operating on or in the vicinity of an airport in Class G 
          airspace.
91.127 Operating on or in the vicinity of an airport in Class E 
          airspace.
91.129 Operations in Class D airspace.
91.130 Operations in Class C airspace.
91.131 Operations in Class B airspace.
91.133  Restricted and prohibited areas.
91.135 Operations in Class A airspace.
91.137  Temporary flight restrictions.
91.141  Flight restrictions in the proximity of the Presidential and 
          other parties.
91.143  Flight limitation in the proximity of space flight operations.
91.153  VFR flight plan: Information required.
91.155  Basic VFR weather minimums
91.157  Special VFR weather minimums.
91.159  VFR cruising altitude or flight level.
91.169  IFR flight plan: Information required.
91.173  ATC clearance and flight plan required.
91.175  Takeoff and landing under IFR.
91.177  Minimum altitudes for IFR operations.
91.179  IFR cruising altitude or flight level.
91.181  Course to be flown.
91.183  IFR radio communications.
91.185  IFR operations: Two-way radio communications failure.
91.187  Operation under IFR in controlled airspace: Malfunction reports.
91.209  Aircraft lights.
91.303  Aerobatic flights.
91.305  Flight test areas.
91.311  Towing: Other than under Sec. 91.309.
91.313(e)  Restricted category civil aircraft: Operating limitations.
91.515  Flight altitude rules.
91.705  Operations within the North Atlantic Minimum Navigation 
          Performance Specifications Airspace.
91.707  Flights between Mexico or Canada and the United States.
91.713  Operation of civil aircraft of Cuban registry.

[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989, as amended by Amdt. 91-227, 
56 FR 65661, Dec. 17, 1991]
Secs. 91.907--91.999  [Reserved]

                          Appendices to Part 91

  Appendix A to Part 91--Category II Operations: Manual, Instruments, 
                       Equipment, and Maintenance

                          1. Category II Manual

    (a) Application for approval. An applicant for approval of a 
Category II manual or an amendment to an approved Category II manual 
must submit the proposed manual or amendment to the Flight Standards 
District Office having jurisdiction of the area in which the applicant 
is located. If the application requests an evaluation program, it must 
include the following:
    (1) The location of the aircraft and the place where the 
demonstrations are to be conducted; and
    (2) The date the demonstrations are to commence (at least 10 days 
after filing the application).
    (b) Contents. Each Category II manual must contain:

[[Page 239]]

    (1) The registration number, make, and model of the aircraft to 
which it applies;
    (2) A maintenance program as specified in section 4 of this 
appendix; and
    (3) The procedures and instructions related to recognition of 
decision height, use of runway visual range information, approach 
monitoring, the decision region (the region between the middle marker 
and the decision height), the maximum permissible deviations of the 
basic ILS indicator within the decision region, a missed approach, use 
of airborne low approach equipment, minimum altitude for the use of the 
autopilot, instrument and equipment failure warning systems, instrument 
failure, and other procedures, instructions, and limitations that may be 
found necessary by the Administrator.

                  2. Required Instruments and Equipment

    The instruments and equipment listed in this section must be 
installed in each aircraft operated in a Category II operation. This 
section does not require duplication of instruments and equipment 
required by Sec. 91.205 or any other provisions of this chapter.
    (a) Group I. (1) Two localizer and glide slope receiving systems. 
Each system must provide a basic ILS display and each side of the 
instrument panel must have a basic ILS display. However, a single 
localizer antenna and a single glide slope antenna may be used.
    (2) A communications system that does not affect the operation of at 
least one of the ILS systems.
    (3) A marker beacon receiver that provides distinctive aural and 
visual indications of the outer and the middle markers.
    (4) Two gyroscopic pitch and bank indicating systems.
    (5) Two gyroscopic direction indicating systems.
    (6) Two airspeed indicators.
    (7) Two sensitive altimeters adjustable for barometric pressure, 
each having a placarded correction for altimeter scale error and for the 
wheel height of the aircraft. After June 26, 1979, two sensitive 
altimeters adjustable for barometric pressure, having markings at 20-
foot intervals and each having a placarded correction for altimeter 
scale error and for the wheel height of the aircraft.
    (8) Two vertical speed indicators.
    (9) A flight control guidance system that consists of either an 
automatic approach coupler or a flight director system. A flight 
director system must display computed information as steering command in 
relation to an ILS localizer and, on the same instrument, either 
computed information as pitch command in relation to an ILS glide slope 
or basic ILS glide slope information. An automatic approach coupler must 
provide at least automatic steering in relation to an ILS localizer. The 
flight control guidance system may be operated from one of the receiving 
systems required by subparagraph (1) of this paragraph.
    (10) For Category II operations with decision heights below 150 feet 
either a marker beacon receiver providing aural and visual indications 
of the inner marker or a radio altimeter.
    (b) Group II. (1) Warning systems for immediate detection by the 
pilot of system faults in items (1), (4), (5), and (9) of Group I and, 
if installed for use in Category III operations, the radio altimeter and 
autothrottle system.
    (2) Dual controls.
    (3) An externally vented static pressure system with an alternate 
static pressure source.
    (4) A windshield wiper or equivalent means of providing adequate 
cockpit visibility for a safe visual transition by either pilot to 
touchdown and rollout.
    (5) A heat source for each airspeed system pitot tube installed or 
an equivalent means of preventing malfunctioning due to icing of the 
pitot system.

                  3. Instruments and Equipment Approval

    (a) General. The instruments and equipment required by section 2 of 
this appendix must be approved as provided in this section before being 
used in Category II operations. Before presenting an aircraft for 
approval of the instruments and equipment, it must be shown that since 
the beginning of the 12th calendar month before the date of submission--
    (1) The ILS localizer and glide slope equipment were bench checked 
according to the manufacturer's instructions and found to meet those 
standards specified in RTCA Paper 23-63/DO-117 dated March 14, 1963, 
``Standard Adjustment Criteria for Airborne Localizer and Glide Slope 
Receivers,'' which may be obtained from the RTCA Secretariat, 1425 K 
St., NW., Washington, DC 20005.
    (2) The altimeters and the static pressure systems were tested and 
inspected in accordance with appendix E to part 43 of this chapter; and
    (3) All other instruments and items of equipment specified in 
section 2(a) of this appendix that are listed in the proposed 
maintenance program were bench checked and found to meet the 
manufacturer's specifications.
    (b) Flight control guidance system. All components of the flight 
control guidance system must be approved as installed by the evaluation 
program specified in paragraph (e) of this section if they have not been 
approved for Category III operations under applicable type or 
supplemental type certification procedures. In addition, subsequent 
changes to make, model, or design of the components must be approved 
under this paragraph. Related systems or devices, such

[[Page 240]]

as the autothrottle and computed missed approach guidance system, must 
be approved in the same manner if they are to be used for Category II 
operations.
    (c) Radio altimeter. A radio altimeter must meet the performance 
criteria of this paragraph for original approval and after each 
subsequent alteration.
    (1) It must display to the flight crew clearly and positively the 
wheel height of the main landing gear above the terrain.
    (2) It must display wheel height above the terrain to an accuracy of 
plus or minus 5 feet or 5 percent, whichever is greater, under the 
following conditions:
    (i) Pitch angles of zero to plus or minus 5 degrees about the mean 
approach attitude.
    (ii) Roll angles of zero to 20 degrees in either direction.
    (iii) Forward velocities from minimum approach speed up to 200 
knots.
    (iv) Sink rates from zero to 15 feet per second at altitudes from 
100 to 200 feet.
    (3) Over level ground, it must track the actual altitude of the 
aircraft without significant lag or oscillation.
    (4) With the aircraft at an altitude of 200 feet or less, any abrupt 
change in terrain representing no more than 10 percent of the aircraft's 
altitude must not cause the altimeter to unlock, and indicator response 
to such changes must not exceed 0.1 seconds and, in addition, if the 
system unlocks for greater changes, it must reacquire the signal in less 
than 1 second.
    (5) Systems that contain a push-to-test feature must test the entire 
system (with or without an antenna) at a simulated altitude of less than 
500 feet.
    (6) The system must provide to the flight crew a positive failure 
warning display any time there is a loss of power or an absence of 
ground return signals within the designed range of operating altitudes.
    (d) Other instruments and equipment. All other instruments and items 
of equipment required by Sec. 2 of this appendix must be capable of 
performing as necessary for Category II operations. Approval is also 
required after each subsequent alteration to these instruments and items 
of equipment.
    (e) Evaluation program--(1) Application. Approval by evaluation is 
requested as a part of the application for approval of the Category II 
manual.
    (2) Demonstrations. Unless otherwise authorized by the 
Administrator, the evaluation program for each aircraft requires the 
demonstrations specified in this paragraph. At least 50 ILS approaches 
must be flown with at least five approaches on each of three different 
ILS facilities and no more than one half of the total approaches on any 
one ILS facility. All approaches shall be flown under simulated 
instrument conditions to a 100-foot decision height and 90 percent of 
the total approaches made must be successful. A successful approach is 
one in which--
    (i) At the 100-foot decision height, the indicated airspeed and 
heading are satisfactory for a normal flare and landing (speed must be 
plus or minus 5 knots of programmed airspeed, but may not be less than 
computed threshold speed if autothrottles are used);
    (ii) The aircraft at the 100-foot decision height, is positioned so 
that the cockpit is within, and tracking so as to remain within, the 
lateral confines of the runway extended;
    (iii) Deviation from glide slope after leaving the outer marker does 
not exceed 50 percent of full-scale deflection as displayed on the ILS 
indicator;
    (iv) No unusual roughness or excessive attitude changes occur after 
leaving the middle marker; and
    (v) In the case of an aircraft equipped with an approach coupler, 
the aircraft is sufficiently in trim when the approach coupler is 
disconnected at the decision height to allow for the continuation of a 
normal approach and landing.
    (3) Records. During the evaluation program the following information 
must be maintained by the applicant for the aircraft with respect to 
each approach and made available to the Adninistrator upon request:
    (i) Each deficiency in airborne instruments and equipment that 
prevented the initiation of an approach.
    (ii) The reasons for discontinuing an approach, including the 
altitude above the runway at which it was discontinued.
    (iii) Speed control at the 100-foot decision height if auto 
throttles are used.
    (iv) Trim condition of the aircraft upon disconnecting the auto 
coupler with respect to continuation to flare and landing.
    (v) Position of the aircraft at the middle marker and at the 
decision height indicated both on a diagram of the basic ILS display and 
a diagram of the runway extended to the middle marker. Estimated 
touchdown point must be indicated on the runway diagram.
    (vi) Compatibility of flight director with the auto coupler, if 
applicable.
    (vii) Quality of overall system performance.
    (4) Evaluation. A final evaluation of the flight control guidance 
system is made upon successful completion of the demonstrations. If no 
hazardous tendencies have been displayed or are otherwise known to 
exist, the system is approved as installed.

                         4. Maintenance program

    (a) Each maintenance program must contain the following:
    (1) A list of each instrument and item of equipment specified in 
Sec. 2 of this appendix that is installed in the aircraft and approved 
for Category II operations, including the make and model of those 
specified in Sec. 2(a).

[[Page 241]]

    (2) A schedule that provides for the performance of inspections 
under subparagraph (5) of this paragraph within 3 calendar months after 
the date of the previous inspection. The inspection must be performed by 
a person authorized by part 43 of this chapter, except that each 
alternate inspection may be replaced by a functional flight check. This 
functional flight check must be performed by a pilot holding a Category 
II pilot authorization for the type aircraft checked.
    (3) A schedule that provides for the performance of bench checks for 
each listed instrument and item of equipment that is specified in 
section 2(a) within 12 calendar months after the date of the previous 
bench check.
    (4) A schedule that provides for the performance of a test and 
inspection of each static pressure system in accordance with appendix E 
to part 43 of this chapter within 12 calendar months after the date of 
the previous test and inspection.
    (5) The procedures for the performance of the periodic inspections 
and functional flight checks to determine the ability of each listed 
instrument and item of equipment specified in section 2(a) of this 
appendix to perform as approved for Category II operations including a 
procedure for recording functional flight checks.
    (6) A procedure for assuring that the pilot is informed of all 
defects in listed instruments and items of equipment.
    (7) A procedure for assuring that the condition of each listed 
instrument and item of equipment upon which maintenance is performed is 
at least equal to its Category II approval condition before it is 
returned to service for Category II operations.
    (8) A procedure for an entry in the maintenance records required by 
Sec. 43.9 of this chapter that shows the date, airport, and reasons for 
each discontinued Category II operation because of a malfunction of a 
listed instrument or item of equipment.
    (b) Bench check. A bench check required by this section must comply 
with this paragraph.
    (1) It must be performed by a certificated repair station holding 
one of the following ratings as appropriate to the equipment checked:
    (i) An instrument rating.
    (ii) A radio rating.
    (iii) A rating issued under subpart D of part 145 of this chapter.
    (2) It must consist of removal of an instrument or item of equipment 
and performance of the following:
    (i) A visual inspection for cleanliness, impending failure, and the 
need for lubrication, repair, or replacement of parts;
    (ii) Correction of items found by that visual inspection; and
    (iii) Calibration to at least the manufacturer's specifications 
unless otherwise specified in the approved Category II manual for the 
aircraft in which the instrument or item of equipment is installed.
    (c) Extensions. After the completion of one maintenance cycle of 12 
calendar months, a request to extend the period for checks, tests, and 
inspections is approved if it is shown that the performance of 
particular equipment justifies the requested extension.

[Doc. No. 18334, 54 FR 34325, Aug. 18, 1989]

  Appendix B to Part 91--Authorizations to Exceed Mach 1 (Sec. 91.817)

                         Section 1. Application

    (a) An applicant for an authorization to exceed Mach 1 must apply in 
a form and manner prescribed by the Administrator and must comply with 
this appendix.
    (b) In addition, each application for an authorization to exceed 
Mach 1 covered by section 2(a) of this appendix must contain all 
information requested by the Administrator necessary to assist him in 
determining whether the designation of a particular test area or 
issuance of a particular authorization is a ``major Federal action 
significantly affecting the quality of the human environment'' within 
the meaning of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and to assist him in complying with that act and with 
related Executive Orders, guidelines, and orders prior to such action.
    (c) In addition, each application for an authorization to exceed 
Mach 1 covered by section 2(a) of this appendix must contain--
    (1) Information showing that operation at a speed greater than Mach 
1 is necessary to accomplish one or more of the purposes specified in 
section 2(a) of this appendix, including a showing that the purpose of 
the test cannot be safely or properly accomplished by overocean testing;
    (2) A description of the test area proposed by the applicant, 
including an environmental analysis of that area meeting the 
requirements of paragraph (b) of this section; and
    (3) Conditions and limitations that will ensure that no measurable 
sonic boom overpressure will reach the surface outside of the designated 
test area.
    (d) An application is denied if the Administrator finds that such 
action is necessary to protect or enhance the environment.

                           Section 2. Issuance

    (a) For a flight in a designated test area, an authorization to 
exceed Mach 1 may be issued when the Administrator has taken the 
environmental protective actions specified in section 1(b) of this 
appendix and the applicant shows one or more of the following:
    (1) The flight is necessary to show compliance with airworthiness 
requirements.

[[Page 242]]

    (2) The flight is necessary to determine the sonic boom 
characteristics of the airplane or to establish means of reducing or 
eliminating the effects of sonic boom.
    (3) The flight is necessary to demonstrate the conditions and 
limitations under which speeds greater than a true flight Mach number of 
1 will not cause a measurable sonic boom overpressure to reach the 
surface.
    (b) For a flight outside of a designated test area, an authorization 
to exceed Mach 1 may be issued if the applicant shows conservatively 
under paragraph (a)(3) of this section that--
    (1) The flight will not cause a measurable sonic boom overpressure 
to reach the surface when the aircraft is operated under conditions and 
limitations demonstrated under paragraph (a)(3) of this section; and
    (2) Those conditions and limitations represent all foreseeable 
operating conditions.

                           Section 3. Duration

    (a) An authorization to exceed Mach 1 is effective until it expires 
or is surrendered, or until it is suspended or terminated by the 
Administrator. Such an authorization may be amended or suspended by the 
Administrator at any time if the Administrator finds that such action is 
necessary to protect the environment. Within 30 days of notification of 
amendnent, the holder of the authorization must request reconsideration 
or the amendnent becomes final. Within 30 days of notification of 
suspension, the holder of the authorization must request reconsideration 
or the authorization is automatically terminated. If reconsideration is 
requested within the 30-day period, the amendment or suspension 
continues until the holder shows why the authorization should not be 
amended or terminated. Upon such showing, the Administrator may 
terminate or amend the authorization if the Administrator finds that 
such action is necessary to protect the environment, or he may reinstate 
the authorization without amendment if he finds that termination or 
amendnent is not necessary to protect the environment.
    (b) Findings and actions by the Administrator under this section do 
not affect any certificate issued under title VI of the Federal Aviation 
Act of 1958.

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

 Appendix C to Part 91--Operations in the North Atlantic (NAT) Minimum 
          Navigation Performance Specifications (MNPS) Airspace

                                Section 1

    NAT MNPS airspace is that volume of airspace between FL 275 and FL 
400 extending between latitude 27 degrees north and the North Pole, 
bounded in the east by the eastern boundaries of control areas Santa 
Maria Oceanic, Shanwick Oceanic, and Reykjavik Oceanic and in the west 
by the western boundary of Reykjavik Oceanic Control Area, the western 
boundary of Gander Oceanic Control Area, and the western boundary of New 
York Oceanic Control Area, excluding the areas west of 60 degrees west 
and south of 38 degrees 30 minutes north.

                                Section 2

    The navigation performance capability required for aircraft to be 
operated in the airspace defined in section 1 of this appendix is as 
follows:
    (a) The standard deviation of lateral track errors shall be less 
than 6.3 NM (11.7 Km). Standard deviation is a statistical measure of 
data about a mean value. The mean is zero nautical miles. The overall 
form of data is such that the plus and minus 1 standard deviation about 
the mean encompasses approximately 68 percent of the data and plus or 
minus 2 deviations encompasses approximately 95 percent.
    (b) The proportion of the total flight time spent by aircraft 30 NM 
(55.6 Km) or more off the cleared track shall be less than 5.3  
x 10-4 (less than 1 hour in 1,887 flight hours).
    (c) The proportion of the total flight time spent by aircraft 
between 50 NM and 70 NM (92.6 Km and 129.6 Km) off the cleared track 
shall be less than 13  x  10-5 (less than 1 hour in 7,693 
flight hours.)

                                Section 3

    Air traffic control (ATC) may authorize an aircraft operator to 
deviate from the requirements of Sec. 91.705 for a specific flight if, 
at the time of flight plan filing for that flight, ATC determines that 
the aircraft may be provided appropriate separation and that the flight 
will not interfere with, or impose a burden upon, the operations of 
other aircraft which meet the requirements of Sec. 91.705.

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

      Appendix D to Part 91--Airports/Locations: Special Operating 
                              Restrictions

    Section 1. Locations at which the requirements of Sec. 91.215(b)(2) 
apply.
    The requirements of Sec. 91.215(b)(2) apply below 10,000 feet above 
the surface within a 30-nautical-mile radius of each location in the 
following list:

Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Baltimore, MD (Baltimore Washington International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Chantilly, VA (Washington Dulles International Airport)

[[Page 243]]

Charlotte, NC (Charlotte/Douglas International Airport)
Chicago, IL Chicago-O'Hare International Airport)
Cleveland, OH (Cleveland-Hopkins International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Denver, CO (Denver International Airport)
Detroit, MI (Metropolitan Wayne County Airport)
Honolulu, HI (Honolulu International Airport)
Houston, TX (Houston Intercontinental Airport)
Kansas City, KS (Mid-Continent International Airport)
Las Vegas, NV (McCarran International Airport)
Los Angeles, CA (Los Angeles International Airport)
Memphis, TN (Memphis International Airport)
Miami, FL (Miami International Airport)
Minneapolis, MN (Minneapolis-St. Paul International Airport)
Newark, NJ (Newark International Airport)
New Orleans, LA (New Orleans International Airport-Moisant Field)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
Orlando, FL (Orlando International Airport)
Philadelphia, PA (Philadelphia International Airport)
Phoenix, AZ (Phoenix Sky Harbor International Airport)
Pittsburgh, PA (Greater Pittsburgh International Airport)
St. Louis, MO (Lambert-St. Louis International Airport)
Salt Lake City, UT (Salt Lake City International Airport)
San Diego, CA (San Diego International Airport)
San Francisco, CA (San Francisco International Airport)
Seattle, WA (Seattle-Tacoma International Airport)
Tampa, FL (Tampa International Airport)
Washington, DC (Washington National Airport)

    Section 2. Airports at which the requirements of 
Sec. 91.215(b)(5)(ii) apply.

    Section 3. Locations at which fixed-wing Special VFR operations are 
prohibited.
    The Special VFR weather minimums of Sec. 91.157 do not apply to the 
following airports:

Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Baltimore, MD (Baltimore/Washington International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Buffalo, NY (Greater Buffalo International Airport)
Chicago, IL (Chicago-O'Hare International Airport)
Cleveland, OH (Cleveland-Hopkins International Airport)
Columbus, OH (Port Columbus International Airport)
Covington, KY (Greater Cincinnati International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Dallas, TX (Love Field)
Denver, CO (Denver International Airport)
Detroit, MI (Metropolitan Wayne County Airport)
Honolulu, HI (Honolulu International Airport)
Houston, TX (Houston Intercontinental Airport)
Indianapolis, IN (Indianapolis International Airport)
Los Angeles, CA (Los Angeles International Airport)
Louisville, KY (Standiford Field)
Memphis, TN (Memphis International Airport)
Miami, FL (Miami International Airport)
Minneapolis, MN (Minneapolis-St. Paul International Airport)
Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
New Orleans, LA (New Orleans International Airport-Moisant Field)
Philadelphia, PA (Philadelphia International Airport)
Pittsburgh, PA (Greater Pittsburgh International Airport)
Portland, OR (Portland International Airport)
San Francisco, CA (San Francisco International Airport)
Seattle, WA (Seattle-Tacoma International Airport)
St. Louis, MO (Lambert-St. Louis International Airport)
Tampa, FL (Tampa International Airport)
Washington, DC (Washington National Airport)

    Section 4. Locations at which solo student pilot activity is not 
permitted.
    Pursuant to Sec. 91.131(b)(2), solo student pilot operations are not 
permitted at any of the following airports.
Atlanta, GA (The William B. Hartsfield Atlanta International Airport)
Boston, MA (General Edward Lawrence Logan International Airport)
Chicago, IL (Chicago-O'Hare International Airport)
Dallas, TX (Dallas/Fort Worth Regional Airport)
Los Angeles, CA (Los Angeles International Airport)
Miami, FL (Miami International Airport)

[[Page 244]]

Newark, NJ (Newark International Airport)
New York, NY (John F. Kennedy International Airport)
New York, NY (LaGuardia Airport)
San Francisco, CA (San Francisco International Airport)
Washington, DC (Washington National Airport)
Andrews Air Force Base, MD

[Amdt. 91-227, 56 FR 65661, Dec. 17, 1991, as amended by Amdt. 91-235, 
58 FR 51968, Oct. 5, 1993; Amdt. 91-236, 59 FR 2918, Jan. 19, 1994; 
Amdt. 91-237, 59 FR 6547, Feb. 11, 1994; 59 FR 37667, July 25, 1994]

    Effective Date Note: By Amdt. 91-236, 59 FR 2918, Jan. 19, 1994, as 
corrected by Amdt. 91-237, 59 FR 6547, Feb. 11, 1994, appendix D to part 
91 was amended in sections 1 and 3 in the Denver, CO entry by revising 
``Stapleton'' to read ``Denver'' effective March 9, 1994. By Amdt. 91-
238, 59 FR 10958, Mar. 9, 1994, the effective date was delayed to May 
15, 1994. By Amdt. 91-241, 59 FR 24916, May 13, 1994, the effective date 
was suspended indefinitely.

                         Appendix E to Part 91--Airplane Flight Recorder Specifications                         
----------------------------------------------------------------------------------------------------------------
                                                      Installed system 1                                        
                                                       minimum accuracy    Sampling interval   Resolution 4 read
           Parameters                    Range           (to recovered       (per second)             out       
                                                             data)                                              
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on   8 hr minimum......  0.125%  1.................  1 sec.            
 Prior to Takeoff).                                    per hour.                                                
Indicated Airspeed..............  Vso to VD (KIAS)..  5% or   1.................  1% 3              
                                                       10                                           
                                                       kts., whichever                                          
                                                       is greater.                                              
                                                       Resolution 2 kts.                                        
                                                       below 175 KIAS.                                          
Altitude........................  -1,000 ft. to max   100 to  11................  25 to 150 ft.     
                                   cert. alt. of A/C.  700                                          
                                                       ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic Heading................  360 deg...........  5 deg.  1.................  1 deg.            
Vertical Acceleration...........  -3g to +6g........  0.2g    4 (or 1 per second  0.03g.            
                                                       in addition to      where peaks, ref.                    
                                                       0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal Acceleration.......  1.0g..  1.5%    2.................  0.01g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  100% of usable....  2 deg.  1.................  0.8 deg.          
Roll Attitude...................  60 deg  2 deg.  1.................  0.8 deg.          
                                   . or 100% of                                                                 
                                   usable range,                                                                
                                   whichever is                                                                 
                                   greater.                                                                     
Stabilizer Trim Position, or....  Full Range........  3%      1.................  1% 3              
                                                       unless higher                                            
                                                       uniquely required.                                       
Pitch Control Position..........                                                                                
Engine Power, Each Engine:        Full Range........  3%      1.................  1% 3              
                                                       unless higher                                            
                                                       uniquely required.                                       
    Fan or N 1 Speed or EPR or    Maximum Range.....  5%....  1.................  1% 3              
     Cockpit indications Used                                                                                   
     for Aircraft Certification                                                                                 
     OR.                                                                                                        
    Prop. speed and Torque        ..................  ..................  1 (prop Speed)....  1%3               
     (Sample Once/Sec as Close                                            1 (torque)........  1% 3              
     together as Practicable).                                                                                  
Altitude Rate 2 (need depends on  8,000   10%.    1.................  250 fpm. below    
 altitude resolution).             fpm.                Resolution 250                          12,000           
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
Angle of Attack 2 (need depends   -20 deg. to 40      2 deg.  1.................  0.8%3             
 on altitude resolution).          deg. or 100% of                                                              
                                   usable range.                                                                
Radio Transmitter Keying          On/Off............  ..................  1.................                    
 (Discrete).                                                                                                    
TE Flaps (Discrete or Analog)...  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP) OR.                                                                  
LE Flaps (Discrete or Analog)...  Analog 0-100%       3%....  1.................  1%3               
                                   range.                                                                       
                                  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP) OR.                                                                  
Thrust Reverser, Each Engine      Analog 0-100%       3 deg.  1.................  1%3               
 (Discrete).                       range.             ..................  ..................                    
                                  Stowed or full                                                                
                                   reverse.                                                                     

[[Page 245]]

                                                                                                                
Spoiler/Speedbrake (Discrete)...  Stowed or out.....  ..................  1.................                    
Autopilot Engaged (Discrete)....  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
----------------------------------------------------------------------------------------------------------------
1 When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the  
  recording system excluding these sensors (but including all other characteristics of the recording system)    
  shall contribute no more than half of the values in this column.                                              
2 If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these parameters
  should also be recorded. If however, altitude is recorded at a minimum resolution of 25 feet, then these two  
  parameters can be omitted.                                                                                    
3 Per cent of full range.                                                                                       
4 This column applies to aircraft manufactured after October 11, 1991.                                          

[Doc. No. 18334, 54 FR 34327, Aug. 18, 1989]

                        Appendix F to Part 91--Helicopter Flight Recorder Specifications                        
----------------------------------------------------------------------------------------------------------------
                                                       Installed system                                         
                                                          \1\ minimum      Sampling interval   Resolution 3 read
           Parameters                    Range           accuracy (to        (per second)             out       
                                                        recovered data)                                         
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on   4 hr minimum......  0.125%  1.................  1 sec.            
 Prior to Takeoff).                                    per hour.                                                
Indicated Airspeed..............  VM in to VD (KIAS)  5% or   1.................  1 kt.             
                                   (minimum airspeed   10                                           
                                   signal attainable   kts., whichever                                          
                                   with installed      is greater.                                              
                                   pilot-static                                                                 
                                   system).                                                                     
Altitude........................  -1,000 ft. to       100 to  1.................  25 to 150 ft.     
                                   20,000 ft.          700                                          
                                   pressure altitude.  ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic Heading................  360 deg...........  5 deg.  1.................  1 deg.            
Vertical Acceleration...........  -3g to +6g........  0.2g    4 (or 1 per second  0.05g.            
                                                       in addition to      where peaks, ref.                    
                                                       0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal Acceleration.......  1.0g..  1.5%    2.................  0.03g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  100% of usable      2 deg.  1.................  0.8 deg.          
                                   range.                                                                       
Roll Attitude...................  60 or   2 deg.  1.................  0.8 deg.          
                                   100% of usable                                                               
                                   range, whichever                                                             
                                   is greater.                                                                  
Altitude Rate...................  8,000   10%     1.................  250 fpm below     
                                   fpm.                Resolution 250                          12,000.          
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
                                                                                                                
    Engine Power, Each Engine                                                                                   
                                                                                                                
Main Rotor Speed................  Maximum Range.....  5%....  1.................  1%2.              
Free or Power Turbine...........  Maximum Range.....  5%....  1.................  1%2.              
Engine Torque...................  Maximum Range.....  5%....  1.................  1%2.              
                                                                                                                
    Flight Control Hydraulic                                                                                    
            Pressure                                                                                            
                                                                                                                
Primary (Discrete)..............  High/Low..........  ..................  1.................                    
Secondary--if applicable          High/Low..........  ..................  1.................                    
 (Discrete).                                                                                                    
Radio Transmitter Keying          On/Off............  ..................  1.................                    
 (Discrete).                                                                                                    
Autopilot Engaged (Discrete)....  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
SAS Status-Engaged (Discrete)...  Engaged or          ..................  1.................                    
                                   Disengaged.                                                                  
SAS Fault Status (Discrete).....  Fault/OK..........  ..................  1.................                    
                                                                                                                
         Flight Controls                                                                                        
                                                                                                                
Collective......................  Full range........  3%....  2.................  1%2.              
Pedal Position..................  Full range........  3%....  2.................  1%2.              
Lat. Cyclic.....................  Full range........  3%....  2.................  1%2.              
Long. Cyclic....................  Full range........  3%....  2.................  1%2.              

[[Page 246]]

                                                                                                                
Controllable Stabilator Position  Full range........  3%....  2.................  1%2.              
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)    
  shall contribute no more than half of the values in this column.                                              
\2\ Per cent of full range.                                                                                     
\3\ This column applies to aircraft manufactured after October 11, 1991.                                        

[Doc. No. 18334, 54 FR 34328, Aug. 18, 1989; 54 FR 41211, Oct. 5, 1989; 
54 FR 53036, Dec. 26, 1989]



PART 93--SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS--Table of Contents




         Special Federal Aviation Regulation SFAR No. 60 [Note]

                           Subpart A--General

Sec.
93.1  Applicability.

                        Subparts B-C--[Reserved]

               Subpart D--Anchorage, Alaska, Terminal Area

93.51  Applicability.
93.53  Description of area.
93.55  Subdivision of area.
93.57  General rules: All segments.
93.59  General rules: International segment.
93.61  General rules: Lake Hood segment.
93.63  General rules: Merrill segment.
93.65  General rules: Elmendorf segment.
93.67  General rules: Bryant segment.
93.69  Special requirements, Lake Campbell and Sixmile Lake Airports.

                          Subpart E--[Reserved]

              Subpart F--Valparaiso, Florida, Terminal Area

93.81  Applicability and description of area.
93.83  Aircraft operations.

                        Subparts G-I--[Reserved]

         Subpart J--Lorain County Regional Airport Traffic Rule

93.117  Applicability.
93.119  Aircraft operations.

                Subpart K--High Density Traffic Airports

93.121  Applicability.
93.123  High density traffic airports.
93.125  Arrival or departure reservation.
93.129  Additional operations.
93.130  Suspension of allocations.
93.133  Exceptions.

                          Subpart L--[Reserved]

         Subpart M--Ketchikan International Airport Traffic Rule

93.151  Applicability.
93.153  Communications.
93.155  Aircraft operations.

                        Subparts N-R--[Reserved]

Subpart S--Allocation of Commuter and Air Carrier IFR Operations at High 
                        Density Traffic Airports

93.211  Applicability.
93.213  Definitions and general provisions.
93.215  Initial allocation of slots.
93.217  Allocation of slots for international operations and applicable 
          limitations.
93.219  Allocation of slots for essential air service operations and 
          applicable limitations.
93.221  Transfer of slots.
93.223  Slot withdrawal.
93.224  Return of slots.
93.225  Lottery of available slots.
93.226  Allocation of slots in low-demand periods.
93.227  Slot use and loss.

          Subpart T--Washington National Airport Traffic Rules

93.251  Applicability.
93.253  Nonstop operations.

Subpart U--Special Flight Rules in the Vicinity of Grand Canyon National 
                                Park, AZ

93.301  Applicability.
93.303  Definitions.
93.305  Flight-free zones and flight corridors.
93.307  Minimum flight altitudes.
93.309  General operating procedures.
93.311  Minimum terrain clearance.
93.313  Communications.

[[Page 247]]

93.315  Commercial sightseeing flight operations.
93.316  Commercial sightseeing limitations.
93.317  Commercial sightseeing flight reporting requirements.
Appendix to Subpart U--Special Flight Rules in the Vicinity of the Grand 
          Canyon National Park, AZ

Appendix A to Part 93--Anchorage Airport Traffic Area: Traffic Patterns

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 
44514, 44701, 44719, 46301.

                               SFAR No. 60

    Editorial Note: For the text of SFAR No. 60, see part 91 of this 
chapter.



                           Subpart A--General



Sec. 93.1  Applicability.

    (a) This part prescribes special airport traffic patterns and 
airport traffic areas. It also prescribes special air traffic rules for 
operating aircraft in those traffic patterns and traffic areas and in 
the vicinity of airports described in this part.
    (b) Unless otherwise authorized by ATC, each person operating an 
aircraft shall do so in accordance with the special air traffic rules in 
this part in addition to other applicable rules in part 91 of this 
chapter.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-10, 33 
FR 4096, Mar. 2, 1968; Amdt. 93-15, 34 FR 2603, Feb. 26, 1969; Amdt. 93-
33, 41 FR 14879, Apr. 8, 1976; Amdt. 93-64, 56 FR 65662, Dec. 17, 1991]



                        Subparts B-C--[Reserved]



               Subpart D--Anchorage, Alaska, Terminal Area

    Source: Docket No. 1580, 28 FR 6715, June 29, 1963, unless otherwise 
noted.



Sec. 93.51   Applicability.

    This subpart prescribes the Anchorage, Alaska, Airport traffic area 
and special traffic patterns for that airport and other airports in the 
vicinity of Anchorage. It prescribes special air traffic rules for that 
area and those patterns. In addition, it prescribes rules governing the 
operation of aircraft in the vicinity of the airports described herein.



Sec. 93.53   Description of area.

    The Anchorage Airport traffic area is designated as that airspace 
extending upward from the surface to, but not including, 3,000 feet MSL. 
It is bounded by a line beginning at Point MacKenzie extending westerly 
along the bank of Knik Arm to a point intersecting an arc of five-
statute-mile radius circle centered on the geographical center of 
Anchorage International Airport; thence counterclockwise along that arc 
to its intersection with the new Seward Highway; thence northerly along 
the new Seward Highway to its intersection with Tudor Road; thence 
easterly along Tudor Road to its intersection with Muldoon Road; thence 
northerly along Muldoon Road to a point one-half statute mile south of 
Glenn Highway; thence northeasterly along a line one-half statute mile 
east of and parallel to Glenn Highway to its intersection with a line 
one-half statute mile east of and parallel to Bryant Airport runway 16/
34; thence northeastward along this line to its intersection with a 
point which is lat. 61 deg.17'15'' N., long. 149 deg.37'10'' W.; thence 
west to lat. 61 deg.17'15'' N., long. 149 deg.42'25'' W.; thence 
northwest to lat. 61 deg.19'12'' N., long. 149 deg.46'36'' W.; thence 
via an arc of a five-statute-mile radius circle centered on the 
geographical center of Elmendorf Air Force Base; thence counterclockwise 
along this arc to its intersection with the west bank of Knik Arm; 
thence southerly along the west bank of Knik Arm to the point of 
beginning. However, it does not include the following:
    (a) That airspace at and below 600 feet MSL, north of a line 
beginning at the intersection of Farrell Road and the northeast boundary 
of the airport traffic area extending westerly along Farrell Road to the 
east end of Sixmile Lake; thence along a line bearing on the middle of 
Lake Lorraine to the boundary of the airport traffic area.
    (b) That airspace at and below 600 feet MSL, south of a line 
beginning at the intersection of the new Seward Highway and Dimond 
Boulevard extending westerly along Dimond Boulevard to Sand Lake Road 
thence due west to the boundary of the airport traffic area.
    (c) [Reserved]

[[Page 248]]

    (d) That airspace described as the ``Bryant segment'' in 
Sec. 93.55(e), when the Bryant control tower is not in operation.

[Doc. No. 12425, 39 FR 32551, Sept. 9, 1974, as amended by Amdt. 93-51, 
51 FR 18312, May 19, 1986]



Sec. 93.55   Subdivision of area.

    The Anchorage Airport traffic area is subdivided as follows:
    (a) International segment. That area lying within a line beginning 
at the International Airport control tower extending northwesterly on a 
direct line toward the substation to the airport traffic area boundary; 
thence counterclockwise along the airport traffic area boundary to its 
intersection with International Airport Road; thence westerly along 
International Airport Road to the point of beginning.
    (b) Merrill segment. That area lying within a line beginning at 
Point MacKenzie extending directly to the mouth of Fish Creek; thence 
along Fish Creek to Northern Lights Boulevard; thence direct to the 
intersection of Tudor Road and the new Seward Highway; thence east and 
north along the airport traffic area boundary to a point directly east 
of the intersection of Glenn Highway and Boniface Parkway; thence due 
west on a direct line through that intersection to Ship Creek; thence 
along Ship Creek to its mouth; thence on a direct line toward the center 
of Lake Lorraine to the airport traffic area boundary; thence 
counterclockwise along the airport traffic area boundary to the point of 
beginning.
    (c) Lake Hood segment. That area lying between the International 
segment and the Merrill segment.
    (d) Elmendorf segment. That area lying within a line beginning at 
the intersection of the airport traffic area boundary with Loop Road, 
extending southerly along Loop Road to Davis Highway; thence due south 
to the north boundary of the Merrill segment; thence westward along the 
north boundary of the Merrill segment to the airport traffic area 
boundary; thence clockwise along the airport traffic area boundary to 
the point of beginning.
    (e) Bryant segment. That area lying east of the Elmendorf segment.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-29, 39 
FR 32552, Sept. 9, 1974; Amdt. 93-51, 51 FR 18312, May 19, 1986]



Sec. 93.57   General rules: All segments.

    (a) Each person piloting an aircraft to, from or on an airport 
within the airport traffic area shall operate it according to the rules 
set forth in this section and Sec. 93.59, Sec. 93.61, Sec. 93.63, 
Sec. 93.65, or Sec. 93.67, as applicable, unless otherwise authorized or 
required by ATC.
    (b) Each person piloting an airplane shall conform to the flow of 
traffic shown on the appropriate diagram in appendix A.
    (c) Each person piloting a helicopter shall operate it in a manner 
avoiding the flow of airplanes.
    (d) Except as provided in Sec. 93.65 (d) and (e), each person 
piloting an aircraft in the airport traffic area shall operate it only 
within the designated segment containing the airport of landing or 
takeoff.
    (e) Except as provided in Sec. 93.63(d), each person piloting an 
aircraft shall maintain two-way radio communications with the control 
tower serving the segment containing the airport of landing or takeoff.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 
FR 8568, July 7, 1965; Amdt. 93-29, 39 FR 32552, Sept. 9, 1974]



Sec. 93.59   General rules: International segment.

    (a) No person may pilot an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that part of the segment lying north of 
the midchannel of Knik Arm.
    (b) Each person piloting an airplane at a speed of more than 105 
knots within the segment (except that part described in paragraph (a) of 
this section) shall operate it at an altitude of at least 1,600 feet MSL 
until maneuvering for a safe landing requires further descent.
    (c) Each person piloting an airplane at a speed of 105 knots or less 
within the segment (except that part described in paragraph (a) of this 
section) shall operate it at an altitude of at least 900 feet MSL until 
maneuvering

[[Page 249]]

for a safe landing requires further descent.



Sec. 93.61   General rules: Lake Hood segment.

    (a) No person may pilot an aircraft at an altitude between 1,200 
feet MSL and 2,000 feet MSL in that part of the segment lying north of 
the midchannel of Knik Arm.
    (b) Each person piloting an airplane within the segment (except that 
part described in paragraph (a) of this section) shall operate it at an 
altitude of at least 600 feet MSL until maneuvering for a safe landing 
requires further descent.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-51, 51 
FR 18312, May 19, 1986



Sec. 93.63   General rules: Merrill segment.

    (a) No person may pilot an aircraft at an altitude between 600 feet 
MSL and 2,000 feet MSL in that part of the segment lying north of the 
midchannel of Knik Arm.
    (b) Each person piloting an airplane at a speed of more than 105 
knots within the segment (except that part described in paragraph (a) of 
this section) shall operate it at an altitude of at least 1,200 feet MSL 
until maneuvering for a safe landing requires further descent.
    (c) Each person piloting an airplane at a speed of 105 knots or less 
within the segment (except that part described in paragraph (a) of this 
section) shall operate it at an altitude of at least 900 feet MSL until 
maneuvering for a safe landing requires further descent.
    (d) Whenever the Merrill control tower is not operating, each person 
piloting an aircraft within the segment shall maintain two-way radio 
communication with the Anchorage Flight Service Station.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-6, 29 
FR 15949, Dec. 1, 1964; Amdt. 93-29, 39 FR 32552, Sept. 9, 1974]



Sec. 93.65   General rules: Elmendorf segment.

    (a) Each person piloting a turbine-powered airplane within the 
segment shall operate it at an altitude of at least 1,700 feet MSL until 
maneuvering for a safe landing requires further descent.
    (b) Each person piloting an airplane (other than turbine powered) at 
a speed of more than 105 knots within the segment shall operate it at an 
altitude of at least 1,200 feet MSL until maneuvering for a safe landing 
requires further descent.
    (c) Each person piloting an airplane (other than turbine powered) at 
a speed of 105 knots or less within the segment shall operate it at an 
altitude of at least 700 feet MSL until maneuvering for a safe landing 
requires further descent.
    (d) A person landing or taking off an aircraft from Elmendorf 
Airport may operate it at an altitude between 1,500 feet MSL and 1,700 
feet MSL within those parts of the International and Lake Hood segments 
lying north of the midchannel of Knik Arm.
    (e) A person landing or taking off an aircraft from Elmendorf 
Airport may operate it at an altitude between 900 feet MSL and 1,700 
feet MSL within that part of the Merrill segment lying north of the 
midchannel of Knik Arm.



Sec. 93.67   General rules: Bryant segment.

    (a) Each person piloting an airplane within the segment shall 
operate it at an altitude of at least 1,000 feet MSL until maneuvering 
for a safe landing requires further descent.
    (b) Whenever Bryant control tower is not operating, each person 
piloting an aircraft to or from the Bryant Airport shall conform to the 
flow of traffic shown on the appropriate diagram in appendix A of this 
part, and, while in the traffic pattern, shall operate at an altitude of 
at least 1,000 feet m.s.l. until maneuvering for a safe landing requires 
further descent.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 
FR 8568, July 7, 1965]



Sec. 93.69   Special requirements, Lake Campbell and Sixmile Lake Airports.

    Each person piloting an aircraft to or from Lake Campbell or Sixmile 
Lake Airport shall conform to the flow of traffic for the Lake 
operations that are

[[Page 250]]

shown on the appropriate diagram in appendix A.

[Doc. No. 1580, 28 FR 6715, June 29, 1963, as amended by Amdt. 93-8, 30 
FR 8568, July 7, 1965]



                          Subpart E--[Reserved]



              Subpart F--Valparaiso, Florida, Terminal Area



Sec. 93.81  Applicability and description of area.

    (a) This subpart prescribes the Valparaiso, Florida Terminal Area, 
and the special air traffic rules for operating aircraft within that 
Area.
    (b) The Valparaiso, Florida Terminal Area is designated as follows:
    (1) North-South Corridor. The North-South Corridor includes the 
airspace extending upward from the surface up to, but not including, 
18,000 feet MSL, bounded by a line beginning at:

Latitude 30 deg.42'51'' N., Longitude 86 deg.38'02'' W.; to
Latitude 30 deg.43'18'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.27'37'' W.; to
Latitude 30 deg.37'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'30'' W.; to
Latitude 30 deg.33'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.29'02'' N., Longitude 86 deg.38'02'' W.; to point of 
beginning.

    (2) East-West Corridor--The East-West Corridor is divided into three 
sections to accommodate the different altitudes as portions of the 
corridor underlie restricted areas R-2915C, R-2919B, and R-2914B.
    (i) The west section would include that airspace extending upward 
from the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at: Latitude 30 deg.22'47'' N., Longitude 86 deg.51'30'' W.: 
then along the shoreline to Latitude 30 deg.23'46'' N., Longitude 
86 deg.38'15'' W.; to Latitude 30 deg.20'51'' N., Longitude 
86 deg.38'50'' W.; then 3 NM from and parallel to the shoreline to 
Latitude 30 deg.19'31'' N., Longitude 86 deg.51'30'' W.; to the 
beginning.
    (ii) The center section would include that airspace extending upward 
from the surface to but not including 18,000 feet MSL, bounded by a line 
beginning at:

Latitude 30 deg.25'01'' N., Longitude 86 deg.38'12'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.25'00'' W.; to
Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.19'46'' N., Longitude 86 deg.23'45'' W.; then 3 NM from 
and parallel to the shoreline to Latitude 30 deg.20'51'' N.,
Longitude 86 deg.38'50'' W.; to Latitude 30 deg.23'46'' N.,
Longitude 86 deg.38'15'' W.; to the beginning.

    (iii) The east section would include that airspace extending upward 
from the surface to but not including 8,500 feet MSL, bounded by a line 
beginning at:

Latitude 30 deg.25'01'' N., Longitude 86 deg.22'26'' W.; to
Latitude 30 deg.22'01'' N., Longitude 86 deg.08'00'' W.; to
Latitude 30 deg.19'16'' N., Longitude 85 deg.56'00'' W.; to
Latitude 30 deg.11'01'' N., Longitude 85 deg.56'00'' W.; then 3 NM from 
and parallel to the shoreline to Latitude 30 deg.19'46'' N., Longitude 
86 deg.23'45'' W.; to the beginning.

[Amdt. 93-70, 59 FR 46154, Sept. 6, 1994]



Sec. 93.83   Aircraft operations.

    (a) North-South Corridor. Unless otherwise authorized by ATC 
(including the Eglin Radar Control Facility), no person may operate an 
aircraft in flight within the North-South Corridor designated in 
Sec. 93.81(b)(1) unless--
    (1) Before operating within the corridor, that person obtains a 
clearance from the Eglin Radar Control Facility or an appropriate FAA 
ATC facility; and
    (2) That person maintains two-way radio communication with the Eglin 
Radar Control Facility or an appropriate FAA ATC facility while within 
the corridor.
    (b) East-West Corridor. Unless otherwise authorized by ATC 
(including the Eglin Radar Control Facility), no person may operate an 
aircraft in flight within the East-West Corridor designated in 
Sec. 93.81(b)(2) unless--
    (1) Before operating within the corridor, that person establishes 
two-way radio communications with Eglin

[[Page 251]]

Radar Control Facility or an appropriate FAA ATC facility and receives 
an ATC advisory concerning operations being conducted therein; and
    (2) That person maintains two-way radio communications with the 
Eglin Radar Control Facility or an appropriate FAA ATC facility while 
within the corridor.

[Amdt. 93-70, 59 FR 46155, Sept. 6, 1994]



                        Subparts G--I  [Reserved]



         Subpart J--Lorain County Regional Airport Traffic Rule



Sec. 93.117   Applicability.

    This subpart prescribes a special air traffic rule for the Lorain 
County Regional Airport, Lorain County, OH.

[Doc. No. 8669, 33 FR 11749, Aug. 20, 1968]



Sec. 93.119   Aircraft operations.

    Each person piloting an airplane landing at the Lorain County 
Regional Airport shall enter the traffic pattern north of the airport 
and shall execute a right traffic pattern for a landing to the southwest 
or a left traffic pattern for a landing to the northeast. Each person 
taking off from the airport shall execute a departure turn to the north 
as soon as practicable after takeoff.

[Doc. No. 8669, 33 FR 11749, Aug. 20, 1968]



                Subpart K--High Density Traffic Airports



Sec. 93.121   Applicability.

    This subpart designates high density traffic airports and prescribes 
air traffic rules for operating aircraft, other than helicopters, to or 
from those airports.

[Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-27, 
38 FR 29464, Oct. 25, 1973]



Sec. 93.123   High density traffic airports.

    (a) Each of the following airports is designated as a high density 
traffic airport and, except as provided in Sec. 93.129 and paragraph (b) 
of this section, or unless otherwise authorized by ATC, is limited to 
the hourly number of allocated IFR operations (takeoffs and landings) 
that may be reserved for the specified classes of users for that 
airport:

                         IFR Operations per Hour

                                                     Airport                                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                     Washington 
                       Class of user                         LaGuardia \4\  Newark  O'Hare \2\ \3\  National \1\
----------------------------------------------------------------------------------------------------------------
Air carriers...............................................        48          40         120             37    
Commuters..................................................        14          10          25             11    
Other......................................................         6          10          10             12    
----------------------------------------------------------------------------------------------------------------


                             John F. Kennedy                            
------------------------------------------------------------------------
                                                 Air                    
                                              carriers  Commuters  Other
------------------------------------------------------------------------
1500........................................      69        15        2 
1600........................................      74        12        2 
1700........................................      80        13        0 
1800........................................      75        10        2 
1900........................................      63        12        2 
------------------------------------------------------------------------
\1\ Washington National Airport operations are subject to modifications 
  per Section 93.124.                                                   
\2\ The hour period in effect at O'Hare begins at 6:45 a.m. and         
  continues in 30-minute increments until 9:15 p.m.                     
\3\ Operations at O'Hare International Airport shall not--              
(a) Except as provided in paragraph (c) of the note, exceed 62 for air  
  carriers and 13 for commuters and 5 for ``other'' during any 30-minute
  period beginning at 6:45 a.m. and continuing every 30 minutes         
  thereafter.                                                           
(b) Except as provided in paragraph (c) of the note, exceed more than   
  120 for air carriers, 25 for commuters, and 10 for ``other'' in any   
  two consecutive 30-minute periods.                                    
(c) For the hours beginning at 6:45 a.m., 7:45 a.m., 11:45 a.m., 7:45   
  p.m. and 8:45 p.m., the hourly limitations shall be 105 for air       
  carriers, 40 for commuters and 10 for ``other,'' and the 30-minute    
  limitations shall be 55 for air carriers, 20 for commuters and 5 for  
  ``other.'' For the hour beginning at 3:45 p.m., the hourly limitations
  shall be 115 for air carriers, 30 for commuters and 10 for ``others'',
  and the 30-minute limitations shall be 60 for air carriers, 15 for    
  commuters and 5 for ``other.''                                        
\4\ Operations at LaGuardia Airport shall not--                         
(a) Exceed 26 for air carriers, 7 for commuters and 3 for ``other''     
  during any 30-minute period.                                          
(b) Exceed 48 for air carriers, 14 for commuters, and 6 for ``other'' in
  any two consecutive 30-minute periods.                                

    (b) The following exceptions apply to the allocations of 
reservations prescribed in paragraph (a) Of this section.
    (1) The allocations of resevations among the several classes of 
users do not apply from 12 midnight to 6 a.m. local time, but the totala 
hourly limitation remains applicable.
    (2) [Reserved]
    (3) The allocation of 37 IFR reservations per hour for air carriers 
except commuters at Washington National Airport does not include charter 
flights, or other nonscheduled flights of scheduled or supplemental air 
carriers. These flights may be conducted without regard to the 
limitation of 37 IFR reservations per hour.

[[Page 252]]

    (4) The allocation of IFR reservations for air carriers except 
commuters at LaGuardia, Newark, O'Hare, and Washington National Airports 
does not include extra sections of scheduled flights. The allocation of 
IFR reservations for scheduled commuters at Washington National Airport 
does not include extra sections of scheduled flights. These flights may 
be conducted without regard to the limitation upon the hourly IFR 
reservations at those airports.
    (5) Any reservation allocated to, but not taken by, air carrier 
operations (except commuters) is available for a scheduled commuter 
operation.
    (6) Any reservation allocated to, but not taken by, air carrier 
operations (except commuters) or scheduled commuter operations is 
available for other operations.
    (c) For purposes of this subpart--
    (1) The number of operations allocated to air carriers except 
commuters, as used in paragraph (a) of this section refers to the number 
of operations conducted by air carriers with turboprop and reciprocating 
engine aircraft having a certificated maximum passenger seating capacity 
of 75 or more or with turbojet powered aircraft having a certificated 
maximum passenger seating capacity of 56 or more, or, if used for cargo 
service in air transportation, with any aircraft having a maximum 
payload capacity of 18,000 pounds or more.
    (2) The number of operations allocated to scheduled commuters, as 
used in paragraph (a) of this section, refers to the number of 
operations conducted by air carriers with turboprop and reciprocating 
engine aircraft having a certificated maximum passenger seating capacity 
of less than 75 or by turbojet aircraft having a certificated maximum 
passenger seating capacity of less than 56, or, if used for cargo 
service in air transportation, with any aircraft having a maximum 
payload capacity of less than 18,000 pounds.
    (3) Notwithstanding the provisions of paragraph (c)(2) of this 
section, a limited number of operations allocated for ``scheduled 
commuters'' under paragraph (a) of this section may be conducted with 
aircraft described in Sec. 93.221(e) of this part pursuant to the 
requirements of Sec. 93.221(e).

[Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt. 93-37, 45 
FR 62408, Sept. 18, 1980; Amdt. 93-44, 46 FR 58048, Nov. 27, 1981; Amdt. 
93-46, 49 FR 8244, Mar. 6, 1984; Amdt. 93-57, 54 FR 34906, Aug. 22, 
1989; 54 FR 37303, Sept. 8, 1989; Amdt. 93-59, 54 FR 39843, Sept. 28, 
1989; Amdt. 93-62, 56 FR 41207, Aug. 19, 1991]



Sec. 93.125   Arrival or departure reservation.

    Except between 12 Midnight and 6 a.m. local time, no person may 
operate an aircraft to or from an airport designated as a high density 
traffic airport unless he has received, for that operation, an arrival 
or departure reservation from ATC.

[Doc. No. 9974, 37 FR 22794, Oct. 25, 1972]



Sec. 93.129   Additional operations.

    (a) IFR. The operator of an aircraft may take off or land the 
aircraft under IFR at a designated high density traffic airport without 
regard to the maximum number of operations allocated for that airport if 
the operation is not a scheduled operation to or from a high density 
airport and he obtains a departure or arrival reservation, as 
appropriate, from ATC. The reservation is granted by ATC whenever the 
aircraft may be accommodated without significant additional delay to the 
operations allocated for the airport for which the reservations is 
requested.
    (b) VFR. The operator of an aircraft may take off and land the 
aircraft under VFR at a designated high density traffic airport without 
regard to the maximum number of operations allocated for that airport if 
the operation is not a scheduled operation to or from a high density 
airport and he obtains a departure or arrival reservation, as 
appropriate, from ATC. The reservation is granted by ATC whenever the 
aircraft may be accommodated without significant additional delay to the 
operations allocated for the airport for which the reservation is 
requested and the ceiling reported at the airport is at least 1,000 feet 
and the ground visibility reported at the airport is at least 3 miles.
    (c) For the purpose of this section a scheduled operation to or from 
the high

[[Page 253]]

density airport is any operation regularly conducted by an air carrier 
or commuter between a high density airport and another point regularly 
served by that operator unless the service is conducted pursuant to 
irregular charter or hiring of aircraft or is a nonpassenger flight.
    (d) An aircraft operator must obtain an IFR reservation in 
accordance with procedures established by the Administrator. For IFR 
flights to or from a high density airport, reservations for takeoff and 
arrival shall be obtained prior to takeoff.

[Doc. No. 9113, 34 FR 2603, Feb. 26, 1969, as amended by Amdt. 93-25, 37 
FR 22794, Oct. 25, 1972; Amdt. 93-44, 46 FR 58049, Nov. 27, 1981; Amdt. 
93-46, 49 FR 8244, Mar. 6, 1984]



Sec. 93.130   Suspension of allocations.

    The Administrator may suspend the effectiveness of any allocation 
prescribed in Sec. 93.123 and the reservation requirements prescribed in 
Sec. 93.125 if he finds such action to be consistent with the efficient 
use of the airspace. Such suspension may be terminated whenever the 
Administrator determines that such action is necessary for the efficient 
use of the airspace.

[Doc. No. 9974, 35 FR 16592, Oct. 24, 1970, as amended by Amdt. 93-21, 
35 FR 16636, Oct. 27, 1970; Amdt. 93-27, 38 FR 29464, Oct. 25, 1973]



Sec. 93.133  Exceptions.

    Except as provided in Sec. 93.130, the provisions of Secs. 93.123 
and 93.125 do not apply to--
    (a) The Newark Airport, Newark, NJ;
    (b) The Kennedy International Airport, New York, NY, except during 
the hours from 3 p.m. through 7:59 p.m., local time; and
    (c) O'Hare International Airport from 9:15 p.m. to 6:44 a.m., local 
time.

[Doc. No. 24471, Amdt. 93-46, 49 FR 8244, Mar. 6, 1984]



                          Subpart L--[Reserved]



         Subpart M--Ketchikan International Airport Traffic Rule

    Source: Docket No. 14687, 41 FR 14879, Apr. 8, 1976, unless 
otherwise noted.



Sec. 93.151  Applicability.

    This subpart prescribes special air traffic rules and communications 
requirements for persons operating aircraft, under VFR--
    (a) To, from, or in the vicinity of the Ketchikan International 
Airport or Ketchikan Harbor.
    (b) Within that airspace below 3,000 feet MSL within the lateral 
boundary of the surface area of the Ketchikan Class E airspace 
regardless of whether that airspace is in effect.

[Doc. No. 26653, 56 FR 48094, Sept. 23, 1991, as amended by Amdt. 93-64, 
58 FR 32839, June 14, 1993]



Sec. 93.153  Communications.

    (a) When the Ketchikan Flight Service Station is in operation, no 
person may operate an aircraft within the airspace specified in 
Sec. 93.151, or taxi onto the runway at Ketchikan International Airport, 
unless that person has established two-way radio communications with the 
Ketchikan Flight Service Station for the purpose of receiving traffic 
advisories and continues to monitor the advisory frequency at all times 
while operating within the specified airspace.
    (b) When the Ketchikan Flight Service Station is not in operation, 
no person may operate an aircraft within the airspace specified in 
Sec. 93.151, or taxi onto the runway at Ketchikan International Airport, 
unless that person continuously monitors and communicates, as 
appropriate, on the designated common traffic advisory frequency as 
follows:
    (1) For inbound flights. Announces position and intentions when no 
less than 10 miles from Ketchikan International Airport, and monitors 
the designated frequency until clear of the movement area on the airport 
or Ketchikan Harbor.
    (2) For departing flights. Announces position and intentions prior 
to taxiing onto the active runway on the airport or onto the movement 
area of Ketchikan Harbor and monitors the designated frequency until 
outside the airspace described in Sec. 93.151 and announces position and 
intentions upon departing that airspace.

[[Page 254]]

    (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 
section, if two-way radio communications failure occurs in flight, a 
person may operate an aircraft within the airspace specified in 
Sec. 93.151, and land, if weather conditions are at or above basic VFR 
weather minimums.

[Doc. No. 26653, 56 FR 48094, Sept. 23, 1991]



Sec. 93.155   Aircraft operations.

    (a) When an advisory is received from the Ketchikan Flight Service 
Station stating that an aircraft is on final approach to the Ketchikan 
International Airport, no person may taxi onto the runway of that 
airport until the approaching aircraft has landed and has cleared the 
runway.
    (b) Unless otherwise authorized by ATC, each person operating a 
large airplane or a turbine engine powered airplane shall--
    (1) When approaching to land at the Ketchikan International Airport, 
maintain an altitude of at least 900 feet MSL until within three miles 
of the airport; and
    (2) After takeoff from the Ketchikan International Airport, maintain 
runway heading until reaching an altitude of 900 feet MSL.



                        Subparts N-R--[Reserved]



Subpart S--Allocation of Commuter and Air Carrier IFR Operations at High 
                        Density Traffic Airports

    Source: Docket No. 24105, 50 FR 52195, Dec. 20, 1985, unless 
otherwise noted.



Sec. 93.211  Applicability.

    (a) This subpart prescribes rules applicable to the allocation and 
withdrawal of IFR operational authority (takeoffs and landings) to 
individual air carriers and commuter operators at the High Density 
Traffic Airports identified in subpart K of this part except for Newark 
Airport.
    (b) This subpart also prescribes rules concerning the transfer of 
allocated IFR operational authority and the use of that authority once 
allocated.



Sec. 93.213  Definitions and general provisions.

    (a) For purposes of this subpart--
    (1) New entrant carrier means a commuter operator or air carrier 
which does not hold a slot at a particular airport and has never sold or 
given up a slot at that airport after December 16, 1985.
    (2) Slot means the operational authority to conduct one IFR landing 
or takeoff operation each day during a specific hour or 30 minute period 
at one of the High Density Traffic Airports, as specified in subpart K 
of this part.
    (3) Summer season means the period of time from the first Sunday in 
April until the last Sunday in October.
    (4) Winter season means the period of time from the last Sunday in 
October until the first Sunday in April.
    (5) Limited incumbent carrier means an air carrier or commuter 
operator that holds or operates fewer than 12 air carrier or commuter 
slots, in any combination, at a particular airport, not including 
international slots, Essential Air Service Program slots, or slots 
between the hours of 2200 and 0659 at Washington National Airport or 
LaGuardia Airport. However, for the purposes of this paragraph (a)(5), 
the carrier is considered to hold the number of slots at that airport 
that the carrier has, since December 16, 1985:
    (i) Returned to the FAA;
    (ii) Had recalled by the FAA under Sec. 93.227(a); or
    (iii) Transferred to another party other than by trade for one or 
more slots at the same airport.
    (b) The definitions specified in subpart K of this part also apply 
to this subpart.
    (c) For purposes of this subpart, if an air carrier, commuter 
operator, or other person has more than a 50-percent ownership or 
control of one or more other air carriers, commuter operators, or other 
persons, they shall be considered to be a single air carrier, commuter 
operator, or person. In addition, if a single company has more than a 
50-percent ownership or control of two or more air carriers and/or 
commuter operators or any combination thereof, those air carriers and/or 
commuter operators shall be considered to be a single operator. A single 
operator

[[Page 255]]

may be considered to be both an air carrier and commuter operator for 
purposes of this subpart.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21717, June 13, 1986; Amdt. 93-57, 54 FR 34906, Aug. 22, 1989; 54 
FR 37303, Sept. 8, 1989; Amdt. 93-65, 57 FR 37314, Aug. 18, 1992]



Sec. 93.215  Initial allocation of slots.

    (a) Each air carrier and commuter operator holding a permanent slot 
on December 16, 1985, as evidenced by the records of the air carrier and 
commuter operator scheduling committees, shall be allocated those slots 
subject to withdrawal under the provisions of this subpart. The Chief 
Counsel of the FAA shall be the final decisionmaker for initial 
allocation determinations.
    (b) Any permanent slot whose use on December 16, 1985 is divided 
among different operators, by day of the week, or otherwise, as 
evidenced by records of the scheduling committees, shall be allocated in 
conformity with those records. The Chief Counsel of the FAA shall be the 
final decisionmaker for these determinations.
    (c) A carrier may permanently designate a slot it holds at Kennedy 
International Airport as a seasonal slot, to be held by the carrier only 
during the corresponding season in future years, if it notifies the FAA 
(at the address specified in Sec. 93.225(e)), in writing, the preceding 
winter seasons or by October 15 of the preceding year for summer 
seasons.
    (d) Within 30 days after December 16, 1985, each U.S. air carrier 
and commuter operator must notify the office specified in 
Sec. 93.221(a)(1), in writing, of those slots used for operations 
described in Sec. 93.217(a)(1) on December 16, 1985.
    (e) Any slot not held by an operator on December 16, 1985 shall be 
allocated in accordance with the provisions of Sec. 93.217, 93.219 or 
93.225 of this subpart.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21717, June 13, 1986]



Sec. 93.217  Allocation of slots for international operations and applicable limitations.

    (a) Any air carrier or commuter operator having the authority to 
conduct international operations shall be provided slots for those 
operations subject to the following conditions and the other provisions 
of this section:
    (1) The slot may be used only for a flight segment in which either 
the takeoff or landing is at a foreign point or, for foreign operators, 
the flight segment is a continuation of a flight that begins or ends at 
a foreign point. Slots may be obtained and used under this section only 
for operations at Kennedy and O'Hare airports unless otherwise required 
by bilateral agreement and only for scheduled service unless the 
requesting carrier qualifies for the slot on the basis of historic 
seasonal operations, under Sec. 93.217(a)(5).
    (2) Slots used for an operation described in paragraph (a)(1) of 
this section may not be bought, sold, leased, or otherwise transferred, 
except that such a slot may be traded to another slot-holder on a one-
for-one basis for a slot at the same airport in a different hour or 
half-hour period if the trade is for the purpose of conducting such an 
operation in a different hour or half-hour period.
    (3) Slots used for operations described in paragraph (a)(1) of this 
section must be returned to the FAA if the slot will not be used for 
such operations for more than a 2-week period.
    (4) Each air carrier or commuter operator having a slot that is used 
for operations described in paragraph (a)(1) of this section but is not 
used every day of the week shall notify the office specified in 
Sec. 93.221(a)(1) in writing of those days on which the slots will not 
be used.
    (5) Except as provided in paragraph (a)(10) of this section, at 
Kennedy and O'Hare Airports, a slot shall be allocated, upon request, 
for seasonal international operations, including charter operations, if 
the Chief Counsel of the FAA determines that the slot had been 
permanently allocated to and used by the requesting carrier in the same 
hour and for the same time period during the corresponding season of the 
preceding year. Requests for such slots must be submitted to the office 
specified in Sec. 93.221(a)(1) by May 15 for operations to be conducted 
during the following winter season and by October 15 for the

[[Page 256]]

following summer season. For operations during the 1986 summer season, 
requests under this paragraph must have been submitted to the FAA on or 
before February 1, 1986. Each carrier requesting a slot under this 
paragraph must submit its entire international schedule at the relevant 
airport for the particular season, noting which requests are in addition 
to or changes from the previous year.
    (6) Except as provided in paragraph (a)(10) of this section, 
additional slots shall be allocated at O'Hare Airport for international 
scheduled air carrier and commuter operations (beyond those slots 
allocated under Sec. 93.215 and Sec. 93.217(a)(5)) if a request is 
submitted to the office specified in Sec. 93.221(a)(1) by May 15 for 
operations to commence during the following winter season and by October 
15 for operations to commence during the following summer season. These 
slots will be allocated at the time requested unless a slot is available 
within one hour of the requested time, in which case the unallocated 
slot will be used to satisfy the request.
    (7) If required by bilateral agreement, additional slots shall be 
allocated at LaGuardia Airport for international scheduled passenger 
operations within the hour requested.
    (8) To the extent vacant slots are available, additional slots 
during the high-density hours shall be allocated at Kennedy Airport for 
new international scheduled air carrier and commuter operations (beyond 
those operations for which slots have been allocated under Secs. 93.215 
and 93.217(a)(5)), if a request is submitted to the office specified in 
Sec. 93.221(a)(1) by May 15 for operations to commence during the 
following winter season and by October 15 for operations to commence 
during the following summer season. In addition, slots may be withdrawn 
from domestic operations for operations at Kennedy Airport under this 
paragraph if required by international obligations.
    (9) In determining the hour in which a slot request under 
Secs. 93.217(a)(6) and 93.217(a)(8) will be granted, the following will 
be taken into consideration, among other things:
    (i) The availability of vacant slot times;
    (ii) International obligations;
    (iii) Airport terminal capacity, including facilities and personnel 
of the U.S. Customs Service and the U.S. Immigration and Naturalization 
Service;
    (iv) The extent and regularity of intended use of a slot; and
    (v) Schedule constraints of carriers requesting slots.
    (10) At O'Hare Airport, a slot will not be allocated under this 
section to a carrier holding or operating 100 or more permanent slots on 
the previous May 15 for a winter season or October 15 for a summer 
season unless:
    (i) Allocation of the slot does not result in a total allocation to 
that carrier under this section that exceeds the number of slots 
allocated to and scheduled by that carrier under this section on 
February 23, 1990, and does not exceed by more than 2 the number of 
slots allocated to and scheduled by that carrier during any half hour of 
that day, or
    (ii) Notwithstanding the number of slots allocated under paragraph 
(a)(10)(i) of this section, a slot is available for allocation without 
withdrawal of a permanent slot from any carrier.
    (b) If a slot allocated under Sec. 93.215 was scheduled for an 
operation described in paragraph (a)(1) of this section on December 16, 
1985, its use shall be subject to the requirements of paragraphs (a)(1) 
through (a)(4) of this section. The requirements also apply to slots 
used for international operations at LaGuardia Airport.
    (c) If a slot is offered to a carrier in other than the hour 
requested, the carrier shall have 14 days after the date of the offer to 
accept the newly offered slot. Acceptance must be in writing and sent to 
the office specified in Sec. 93.221(a)(1) and must repeat the certified 
statements required by paragraph (e) of this section.
    (d) The Office of the Secretary of Transportation reserves the right 
not to apply the provisions of this section, concerning the allocation 
of slots, to any foreign air carrier or commuter operator of a country 
that provides slots to U.S. air carriers and commuter operators on a 
basis more restrictive than provided by this subpart. Decisions not to 
apply the provisions of this section

[[Page 257]]

will be made by the Office of the Secretary of Transportation.
    (e) Each request for slots under this section shall state the 
airport, days of the week and time of the day of the desired slots and 
the period of time the slots are to be used. Each request shall identify 
whether the slot is requested under paragraph (a)(5), (6), or (8) and 
identify any changes from the previous year if requested under both 
paragraphs. The request must be accompanied by a certified statement 
signed by an officer of the operator indicating that the operator has or 
has contracted for aircraft capable of being utilized in using the slots 
requested and that the operator has bona fide plans to use the requested 
slots for operations described in paragraph (a).

[Doc. No. 24105, 51 FR 21717, June 13, 1986, as amended by Amdt. 93-61, 
55 FR 53243, Dec. 27, 1990; 56 FR 1059, Jan. 10, 1991]



Sec. 93.219  Allocation of slots for essential air service operations and applicable limitations.

    Whenever the Office of the Secretary of Transportation determines 
that slots are needed for operations to or from a High Density Traffic 
Airport under the Department of Transportation's Essential Air Service 
(EAS) Program, those slots shall be provided to the designated air 
carrier or commuter operator subject to the following limitations:
    (a) Slots obtained under this section may not be bought, sold, 
leased or otherwise transferred, except that such slots may be traded 
for other slots on a one-for-one basis at the same airport.
    (b) Any slot obtained under this section must be returned to the FAA 
if it will not be used for EAS purposes for more than a 2-week period. A 
slot returned under this paragraph may be reallocated to the operator 
which returned it upon request to the FAA office specified in 
Sec. 93.221(a)(1) if that slot has not been reallocated to an operator 
to provide substitute essential air service.
    (c) Slots shall be allocated for EAS purposes in a time period 
within 90 minutes of the time period requested.
    (d) The Department will not honor requests for slots for EAS 
purposes to a point if the requesting carrier has previously traded away 
or sold slots it had used or obtained for use in providing essential air 
service to that point.
    (e) Slots obtained under Civil Aeronautics Board Order No. 84-11-40 
shall be considered to have been obtained under this section.



Sec. 93.221  Transfer of slots.

    (a) Except as otherwise provided in this subpart, effective April 1, 
1986, slots may be bought, sold or leased for any consideration and any 
time period and they may be traded in any combination for slots at the 
same airport or any other high density traffic airport. Transfers, 
including leases, shall comply with the following conditions:
    (1) Requests for confirmation must be submitted in writing to Slot 
Administration Office, AGC-230, Office of the Chief Counsel, Federal 
Aviation Administration, 800 Independence Ave., SW., Washington, DC 
20591, in a format to be prescribed by the Administrator. Requests will 
provide the names of the transferor and recipient; business address and 
telephone number of the persons representing the transferor and 
recipient; whether the slot is to be used for an arrival or departure; 
the date the slot was acquired by the transferor; the section of this 
subpart under which the slot was allocated to the transferor; whether 
the slot has been used by the transferor for international or essential 
air service operations; and whether the slot will be used by the 
recipient for international or essential air service operations. After 
withdrawal priorities have been established under Sec. 93.223 of this 
part, the requests must include the slot designations of the transferred 
slots as described in Sec. 93.223(b)(5).
    (2) The slot transferred must come from the transferor's then-
current FAA-approved base.
    (3) Written evidence of each transferor's consent to the transfer 
must be provided to the FAA.
    (4) The recipient of a transferred slot may not use the slot until 
written confirmation has been received from the FAA.
    (5)(i) Until a slot obtained by a new entrant or limited incumbent 
carrier in a lottery held under Sec. 93.225 after June 1, 1991, has been 
used by the carrier

[[Page 258]]

that obtained it for a continuous 24-month period after the lottery in 
accordance with Sec. 93.227(a), that slot may be transferred only by 
trade for one or more slots at the same airport or to other new entrant 
or limited incumbent carriers under Sec. 93.221(a)(5)(iii). This 
transfer restriction shall apply to the same extent to any slot or slots 
acquired by trading the slot obtained in a lottery. To remove the 
transfer restriction, documentation of 24 months' continuous use must be 
submitted to the FAA Office of the Chief Counsel.
    (ii) Failure to use a slot acquired by trading a slot obtained in a 
lottery for a continuous 24-month period after the lottery, shall void 
all trades involving the lottery slot, which shall be returned to the 
FAA. All use of the lottery slot shall be counted toward fulfilling the 
minimum use requirements under Sec. 93.227(a) applicable to the slot or 
slots for which the lottery slot was traded, including subsequent 
trades.
    (iii) Slots obtained by new entrant or limited incumbent carriers in 
a lottery may be sold, leased, or otherwise transferred to another 
entrant or limited incumbent carrier after a minimum of 60 days of use 
by the obtaining carrier. The transfer restrictions of 
Sec. 93.221(a)(5)(i) shall continue to apply to the slot until 
documentation of 24 months' continuous use has been submitted and the 
transfer restriction removed.
    (6) The Office of the Secretary of Transportation must determine 
that the transfer will not be injurious to the essential air service 
program.
    (b) A record of each slot transfer shall be kept on file by the 
office specified in paragraph (a)(1) of this section and will be made 
available to the public upon request.
    (c) Any person may buy or sell slots and any air carrier or commuter 
may use them. Notwithstanding Sec. 93.123, air carrier slots may be used 
with aircraft of the kind described in Sec. 93.123 (c)(1) or (c)(2) but 
commuter slots may only be used with aircraft of the kind described in 
Sec. 93.0123(c)(2).
    (d) Air carriers and commuter operators considered to be a single 
operator under the provisions of Sec. 93.213(c) of this subpart but 
operating under separate names shall report transfers of slots between 
them.
    (e) Notwithstanding Sec. 93.123(c)(2) of this part, a commuter slot 
at O'Hare International Airport may be used with an aircraft described 
in Sec. 93.123(c)(1) of this part on the following conditions:
    (1) Air carrier aircraft that may be operated under this paragraph 
are limited to aircraft:
    (i) Having an actual seating configuration of 110 or fewer 
passengers; and
    (ii) Having a maximum certificated takeoff weight of less than 
126,000 pounds.
    (2) No more than 50 percent of the total number of commuter slots 
held by a slot holder at O'Hare International Airport may be used with 
aircraft described in paragraph (e)(1) of this section.
    (3) An air carrier or commuter operator planning to operate an 
aircraft described in paragraph (e)(1) of this section in a commuter 
slot shall notify ATC at least 75 days in advance of the planned start 
date of such operation. The notice shall include the slot number, 
proposed time of operation, aircraft type, aircraft series, actual 
aircraft seating configuration, and planned start date. ATC will approve 
or disapprove the proposed operation no later than 45 days prior to the 
planned start date. If an operator does not initiate operation of a 
commuter slot under this section within 30 days of the planned start 
date first submitted to the FAA, the ATC approval for that operation 
will expire. That operator may file a new or revised notice for the same 
half-hour slot time.
    (4) An operation may not be conducted under paragraph (e)(1) of this 
section unless a gate is available for that operation without planned 
waiting time.
    (5) For the purposes of this paragraph (e), notice to ATC shall be 
submitted in writing to: Director, Air Traffic System Management, ATM-1, 
Federal

[[Page 259]]

Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20591.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21717, June 13, 1986; Amdt. 93-58, 54 FR 39293, Sept. 25, 1989; 
Amdt. 93-62, 56 FR 41208, Aug. 19, 1991; Amdt. 93-65, 57 FR 37314, Aug. 
18, 1992; Amdt. 93-68, 58 FR 39616, July 23, 1993]



Sec. 93.223  Slot withdrawal.

    (a) Slots do not represent a property right but represent an 
operating privilege subject to absolute FAA control. Slots may be 
withdrawn at any time to fulfill the Department's operational needs, 
such as providing slots for international or essential air service 
operations or eliminating slots. Before withdrawing any slots under this 
section to provide them for international operations, essential air 
services or other operational needs, those slots returned under 
Sec. 93.224 of this part and those recalled by the agency under 
Sec. 93.227 will be allocated.
    (b) Separate slot pools shall be established for air carriers and 
commuter operators at each airport. The FAA shall assign, by random 
lottery, withdrawal priority numbers for the recall priority of slots at 
each airport. Each additional permanent slot, if any, will be assigned 
the next higher number for air carrier or commuter slots, as 
appropriate, at each airport. Each slot shall be assigned a designation 
consisting of the applicable withdrawal priority number; the airport 
code; a code indicating whether the slot is an air carrier or commuter 
operator slot; and the time period of the slot. The designation shall 
also indicate, as appropriate, if the slot is daily or for certain days 
of the week only; is limited to arrivals or departures; is allocated for 
international operations or for EAS purposes; and, at Kennedy 
International Airport, is a summer or winter slot.
    (c) Whenever slots must be withdrawn, they will be withdrawn in 
accordance with the priority list established under paragraph (b) of 
this section, except:
    (1) Slots obtained in a lottery held pursuant to Sec. 93.225 of this 
part shall be subject to withdrawal pursuant to paragraph (i) of that 
section, and
    (2) Slots necessary for international and essential air service 
operations shall be exempt from withdrawal for use for other 
international or essential air service operations.
    (3) Except as provided in Sec. 93.227(a), the FAA shall not withdraw 
slots held at an airport by an air carrier or commuter operator holding 
and operating 12 or fewer slots at that airport (excluding slots used 
for operations described in Sec. 93.212(a)(1)), if withdrawal would 
reduce the number of slots held below the number of slots operated.
    (d) The following withdrawal priority rule shall be used to permit 
application of the one-for-one trade provisions for international and 
essential air service slots and the slot withdrawal provisions where the 
slots are needed for other than international or essential air service 
operations. If an operator has more than one slot in a specific time 
period in which it also has a slot being used for international or 
essential air service operations, the international and essential air 
service slots will be considered to be those with the lowest withdrawal 
priority.
    (e) The operator(s) using each slot to be withdrawn shall be 
notified by the FAA of the withdrawal and shall cease operations using 
that slot on the date indicated in the notice. Generally, the FAA will 
provide at least 30 days after notification for the operator to cease 
operations unless exigencies require a shorter time period.
    (f) For 24 months following a lottery held after June 1, 1991, a 
slot acquired in that lottery shall be withdrawn by the FAA upon the 
sale, merger, or acquisition of more than 50 percent ownership or 
control of the carrier using that slot or one acquired by trade of that 
slot, if the resulting total of slots held or operated at the airport by 
the surviving entity would exceed 12 slots.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21718, June 13, 1986; Amdt. 93-57, 54 FR 34906, Aug. 22, 1989; 
Amdt. 93-65, 57 FR 37314, Aug. 18, 1992]



Sec. 93.224  Return of slots.

    (a) Whenever a slot is required to be returned under this subpart, 
the holder must notify the office specified in Sec. 93.221(a)(1) in 
writing of the date after which the slot will not be used.

[[Page 260]]

    (b) Slots may be voluntarily returned for use by other operators by 
notifying the office specified in Sec. 93.221(a)(1) in writing.



Sec. 93.225  Lottery of available slots.

    (a) Whenever the FAA determines that sufficient slots have become 
available for distribution for purposes other than international or 
essential air service operations, but generally not more than twice a 
year, they shall be allocated in accordance with the provisions of this 
section.
    (b) A random lottery shall be held to determine the order of slot 
selection.
    (c) Slot allocation lotteries shall be held on an airport-by-airport 
basis with separate lotteries for air carrier and commuter operator 
slots. The slots to be allocated in each lottery will be each 
unallocated slot not necessary for international or Essential Air 
Service Program operations, including any slot created by an increase in 
the operating limits set forth in Sec. 93.123(a).
    (d) The FAA shall publish a notice in the Federal Register 
announcing any lottery dates. The notice may include special procedures 
to be in effect for the lotteries.
    (e) Participation in a lottery is open to each U.S. air carrier or 
commuter operator operating at the airport and providing scheduled 
passenger service at the airport. Any U.S. carrier that is not operating 
scheduled service at the airport and has not failed to operate slots 
obtained in the previous lottery, or slots traded for those obtained by 
lottery, but wishes to initiate scheduled passenger service at the 
airport, shall be included in the lottery if that operator notifies, in 
writing, the Slot Administration Office, AGC-230, Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20591. The notification must be received 15 days prior to 
the lottery date and state whether there is any common ownership or 
control of, by, or with any other air carrier or commuter operator as 
defined in Sec. 93.213(c). New entrant and limited incumbent carriers 
will be permitted to complete their selections before participation by 
other incumbent carriers is initiated.
    (f) At the lottery, each operator must make its selection within 5 
minutes after being called or it shall lose its turn. If capacity still 
remains after each operator has had an opportunity to select slots, the 
allocation sequence will be repeated in the same order. An operator may 
select any two slots available at the airport during each sequence, 
except that new entrant carriers may select four slots, if available, in 
the first sequence.
    (g) To select slots during a slot lottery session, a carrier must 
have appropriate economic authority for scheduled passenger service 
under Title IV of the Federal Aviation Act of 1958, as amended (49 
U.S.C. App. 1371 et seq.), and must hold FAA operating authority under 
part 121 or part 135 of this chapter as appropriate for the slots the 
operator seeks to select.
    (h) During the first selection sequence, 25 percent of the slots 
available but no less than two slots shall be reserved for selection by 
new entrant carriers. If new entrant carriers do not select all of the 
slots set aside for new entrant carriers, limited incumbent carriers may 
select the remaining slots. If every participating new entrant carrier 
and limited incumbent carrier has ceased selection of available slots or 
has obtained 12 slots at that airport, other incumbent carriers may 
participate in selecting the remaining slots; however, slots selected by 
non-limited incumbent carriers will be allocated only until the date of 
the next lottery.
    (i) Slots obtained under this section shall retain their withdrawal 
priority as established under Sec. 93.223. If the slot is newly created, 
a withdrawal priority shall be assigned. That priority number shall be 
higher than any other slot assigned a withdrawal number previously.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21718, June 13, 1986; Amdt. 93-58, 54 FR 39293, Sept. 25, 1989; 
Amdt. 93-65, 57 FR 37314, Aug. 18, 1992; 57 FR 47993, Oct. 21, 1992]



Sec. 93.226  Allocation of slots in low-demand periods.

    (a) If there are available slots in the following time periods and 
there are no pending requests for international or

[[Page 261]]

EAS operations at these times, FAA will allocate slots upon request on a 
first-come, first-served basis, as set forth in this section:
    (1) Any period for which a slot is available less than 5 days per 
week.
    (2) Any time period for which a slot is available for less than a 
full season.
    (3) For LaGuardia and Washington National Airports:
    (i) 6:00 a.m.-6:59 a.m.
    (ii) 10:00 p.m.-midnight.
    (b) Slots will be allocated only to operators with the economic and 
operating authority and aircraft required to use the slots.
    (c) Requests for allocations under this section shall be submitted 
in writing to the address listed in Sec. 93.221(a)(1) and shall identify 
the request as made under this section.
    (d) The FAA may deny requests made under this section after a 
determination that all remaining slots in a particular category should 
be distributed by lottery.
    (e) Slots may be allocated on a seasonal or temporary basis under 
this provision.

[Doc. No. 24105, 51 FR 21718, June 13, 1986]



Sec. 93.227  Slot use and loss.

    (a) Except as provided in paragraphs (b), (c), (d), (g), and (l) of 
this section, any slot not utilized 80 percent of the time over a 2-
month period shall be recalled by the FAA.
    (b) Paragraph (a) of this section does not apply to slots obtained 
under Sec. 93.225 of this part during:
    (1) The first 90 days after they are allocated to a new entrant 
carrier; or
    (2) The first 60 days after they are allocated to a limited 
incumbent or other incumbent carrier.
    (c) Paragraph (a) of this section does not apply to slots of an 
operator forced by a strike to cease operations using those slots.
    (d) In the case of a carrier that files for protection under the 
Federal bankruptcy laws and has not received a Notice of Withdrawal from 
the FAA for the subject slot or slots, paragraph (a) of this section 
does not apply:
    (1) During a period after the initial petition in bankruptcy, to any 
slot held or operated by that carrier, for:
    (i) 60 days after the carrier files the initial petition in 
bankruptcy; and
    (ii) 30 days after the carrier, in anticipation of transferring 
slots, submits information to a Federal government agency in connection 
with a statutory antitrust, economic impact, or similar review of the 
transfer, provided that the information is submitted more than 30 days 
after filing the initial petition in bankruptcy, and provided further 
that any slot to be transferred has not become subject to withdrawal 
under any other provision of this Sec. 93.227; and
    (2) During a period after a carrier ceases operations at an airport, 
to any slot held or operated by that carrier at that airport, for:
    (i) 30 days after the carrier ceases operations at that airport, 
provided that the slot has not become subject to withdrawal under any 
other provision of this Sec. 93.227; and
    (ii) 30 days after the parties to a proposed transfer of any such 
slot comply with requests for additional information by a Federal 
government agency in connection with an antitrust, economic impact, or 
similar investigation of the transfer, provided that--
    (A) The original notice of the transfer is filed with the Federal 
agency within 30 days after the carrier ceases operation at the airport;
    (B) The request for additional information is made within 10 days of 
the filing of the notice by the carrier;
    (C) The carrier submits the additional information to the Federal 
agency within 15 days of the request by such agency; and
    (D) Any slot to be transferred has not become subject to withdrawal 
under any other provision of this Sec. 93.227.
    (e) Persons having slots withdrawn pursuant to paragraph (a) of this 
section must cease all use of those slots upon receipt of notice from 
the FAA.
    (f) Persons holding slots but not using them pursuant to the 
provisions of paragraphs (b), (c) and (d) may lease those slots for use 
by others. A slot obtained in a lottery may not be leased after the 
expiration of the applicable time period specified in paragraph (b) of 
this section unless it has been operated for a 2-month period at least 
65

[[Page 262]]

percent of the time by the operator which obtained it in the lottery.
    (g) This section does not apply to slots used for the operations 
described in Sec. 93.217(a)(1) except that a U.S. air carrier or 
commuter operator required to file a report under paragraph (i) of this 
section shall include all slots operated at the airport, including slots 
described in Sec. 93.217(a)(1).
    (h) Within 30 days after an operator files for protection under the 
Federal bankruptcy laws, the FAA shall recall any slots of that 
operator, if--(1) the slots were formerly used for essential air service 
and (2) the Office of the Secretary of Transportation determines those 
slots are required to provide substitute essential air service to or 
from the same points.
    (i) Every air carrier and commuter operator or other person holding 
a slot at a high density airport shall, within 14 days after the last 
day of the 2-month period beginning January 1, 1986, and every 2 months 
thereafter, forward, in writing, to the address identified in 
Sec. 93.221(a)(1), a list of all slots held by the air carrier, commuter 
operator or other person along with a listing of which air carrier or 
commuter operator actually operated the slot for each day of the 2-month 
period. The report shall identify the flight number for which the slot 
was used and the equipment used, and shall identify the flight as an 
arrival or departure. The report shall identify any common ownership or 
control of, by, or with any other carrier as defined in Sec. 93.213(c) 
of this subpart. The report shall be signed by a senior official of the 
air carrier or commuter operator. If the slot is held by an ``other 
person,'' the report must be signed by an official representative.
    (j) The Chief Counsel of the FAA may waive the requirements of 
paragraph (a) of this section in the event of a highly unusual and 
unpredictable condition which is beyond the control of the slot-holder 
and which exists for a period of 9 or more days. Examples of conditions 
which could justify waiver under this paragraph are weather conditions 
which result in the restricted operation of an airport for an extended 
period of time or the grounding of an aircraft type.
    (k) The Chief Counsel of the FAA may, upon request, grant a waiver 
from the requirements of paragraph (a) of this section for a slot used 
for the domestic segment of an intercontinental all-cargo flight. To 
qualify for a waiver, a carrier must operate the slot a substantial 
percentage of the time and must return the slot to the FAA in advance 
for the time periods it will not be used.
    (l) The FAA will treat as used any slot held by a carrier at a High 
Density Traffic Airport on Thanksgiving Day, the Friday following 
Thanksgiving Day, and the period from December 24 through the first 
Saturday in January.

[Doc. No. 24105, 50 FR 52195, Dec. 20, 1985, as amended by Amdt. 93-52, 
51 FR 21718, June 13, 1986; Amdt. 93-65, 57 FR 37315, Aug. 18, 1992; 
Amdt. 93-71, 59 FR 58771, Nov. 15, 1994]



          Subpart T--Washington National Airport Traffic Rules

    Source: Docket No. 25143, 51 FR 43587, Dec. 3, 1986, unless 
otherwise noted.



Sec. 93.251  Applicability.

    This subpart prescribes rules applicable to the operation of 
aircraft to or from Washington National Airport.



Sec. 93.253  Nonstop operations.

    No person may operate an aircraft nonstop in air transportation 
between Washington National Airport and another airport that is more 
than 1,250 miles away from Washington National Airport.



Subpart U--Special Flight Rules in the Vicinity of Grand Canyon National 
                                Park, AZ

    Source: Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, unless otherwise 
noted.

    Effective Date Note: By Doc. No. 28537, 61 FR 69330, Dec. 31, 1996, 
Subpart U, consisting of Secs. 93.301--93.317, was added to Part 93, 
effective May 1, 1997.



Sec. 93.301  Applicability.

    This subpart prescribes special operating rules for all persons 
operating aircraft in the following airspace, designated as the Grand 
Canyon National Park Special Flight Rules Area: That airspace extending 
from the surface up

[[Page 263]]

to but not including 18,000 feet MSL within an area bounded by a line 
beginning at Lat. 35 deg.55'12'' N., Long. 112 deg.04'05'' W.; east to 
Lat. 35 deg.55'38'' N., Long. 111 deg.42'12'' W.; north to Lat. 
36 deg.16'47'' N., Long. 111 deg.42'17'' W.; to Lat. 36 deg.24'49'' N., 
Long. 111 deg.47'45'' W.; to Lat. 36 deg.52'23'' N., Long. 
111 deg.33'10'' W.; west-northwest to Lat. 36 deg.53'37'' N., Long. 
111 deg.38'29'' W.; southwest to Lat. 36 deg.35'02'' N., Long. 
111 deg.53'28'' W.; to Lat. 36 deg.21'30'' N., Long. 112 deg.00'03'' W.; 
west-northwest to Lat. 36 deg.30'30'' N., Long. 112 deg.35'59'' W.; 
southwest to Lat. 36 deg.24'46'' N., Long. 112 deg.51'10'' W.; thence 
west along the boundary of Grand Canyon National Park (GCNP) to Lat. 
36 deg.14'08'' N., Long. 113 deg.10'07'' W.; west-southwest to Lat. 
36 deg.09'50'' N., Long. 114 deg.01'53'' W.; southeast to Lat. 
36 deg.06'24'' N., Long. 113 deg.58'46'' W.; thence south along the 
boundary of GCNP to Lat. 36 deg.00'23'' N., Long. 113 deg.54'11'' W.; 
northeast to Lat. 36 deg.02'14'' N., Long. 113 deg.50'16'' W.; to Lat. 
36 deg.02'16'' N., Long. 113 deg.48'08'' W.; thence southeast along the 
boundary of GCNP to Lat. 35 deg.58'09'' N., Long. 113 deg.45'04'' W.; 
southwest to Lat. 35 deg.54'48'' N., Long. 113 deg.50'24'' W.; southeast 
to Lat. 35 deg.41'01'' N., Long. 113 deg.35'27'' W.; thence clockwise 
via the 4.2-nautical mile radius of the Peach Springs VORTAC to Lat. 
35 deg.28'53'' N., Long. 113 deg.27'49'' W.; northeast to Lat. 
35 deg.42'58'' N., Long. 113 deg.10'57'' W.; north to Lat. 
35 deg.5751 N., Long. 113 deg.1106 W.; east to Lat. 35 deg.57'44'' 
N., Long. 112 deg.14'04'' W.; thence clockwise via the 4.3-nautical mile 
radius of the Grand Canyon National Park Airport reference point (Lat. 
35 deg.57'08'' N., Long. 112 deg.08'49'' W.) to the point of origin.



Sec. 93.303  Definitions.

    For the purposes of this subpart:
    (a) Flight Standards District Office means the FAA Flight Standards 
District Office with jurisdiction for the geographical area containing 
the Grand Canyon.
    (b) Park means Grand Canyon National Park.
    (c) Special Flight Rules Area means the Grand Canyon National Park 
Special Flight Rules Area.



Sec. 93.305  Flight-free zones and flight corridors.

    Except in an emergency or if otherwise necessary for safety of 
flight, or unless otherwise authorized by the Flight Standards District 
Office for a purpose listed in 93.309, no person may operate an aircraft 
in the Special Flight Rules Area within the following flight-free zones:
    (a) Desert View Flight-free Zone. That airspace extending from the 
surface up to but not including 14,500 feet MSL within an area bounded 
by a line beginning at Lat. 35 deg.59'58'' N., Long. 111 deg.52'47'' W.; 
thence east and north along the GCNP boundary to Lat. 36 deg.14'05'' N., 
Long. 111 deg.48'34'' W.; southwest to Lat. 36 deg.12'06'' N., Long. 
111 deg.51'14'' W.; to the point of origin; but not including the 
airspace at and above 10,500 feet MSL within 1 nautical mile of the 
western boundary of the zone. The corridor to the west, between the 
Desert View and Bright Angel Flight-free Zones, is designated the ``Zuni 
Point Corridor.'' This corridor is 2 nautical miles wide for commercial 
sightseeing flights and 4 nautical miles wide for transient and general 
aviation operations.
    (b) Bright Angel Flight-free Zone. That airspace extending from the 
surface up to but not including 14,500 feet MSL within an area bounded 
by a line beginning at Lat. 35 deg.58'39'' N., Long. 111 deg.55'43'' W.; 
north to Lat. 36 deg.12'41'' N., Long. 111 deg.53'54'' W.; northwest to 
Lat. 36 deg.18'18'' N., Long. 111 deg.58'15'' W.; thence west along the 
GCNP boundary to Lat. 36 deg.20'11'' N., Long. 112 deg.06'25'' W.; 
south-southwest to Lat. 36 deg.09'31'' N., Long. 112 deg.11'15'' W.; to 
Lat. 36 deg.04'16'' N., Long. 112 deg.17'20'' W.; thence southeast along 
the GCNP boundary to Lat. 36 deg.01'54'' N., Long. 112 deg.11'24'' W.; 
thence clockwise via the 4.3-nautical mile radius of the Grand Canyon 
National Park Airport reference point (Lat. 35 deg.57'08'' N., Long. 
112 deg.08'49'' W.) to Lat. 35 deg.59'37'' N., Long. 112 deg.04'29'' W.; 
thence east along the GCNP boundary to the point of origin; but not 
including the airspace at and above 10,500 feet MSL within 1 nautical 
mile of the eastern boundary or the airspace at and above 10,500 feet 
MSL within 2 nautical miles of the northwestern boundary. The corridor 
to the east, between this flight-free zone and the Desert View Flight-
free Zone, is designated the ``Zuni Point Corridor.'' The corridor to 
the west, between the Bright Angel and Toroweap/Shinumo Flight-free 
Zones, is designated the

[[Page 264]]

``Dragon Corridor.'' This corridor is 2 nautical miles wide for 
commercial sightseeing flights and 4 nautical miles wide for transient 
and general aviation operations.
    (c) Toroweap/Shinumo Flight-free Zone. That airspace extending from 
the surface up to but not including 14,500 feet MSL within an area 
bounded by a line beginning at Lat. 36 deg.05'44'' N., Long. 
112 deg.19'27'' W.; north-northeast to Lat. 36 deg.10'49'' N., Long. 
112 deg.13'19'' W.; to Lat. 36 deg.21'02'' N., Long. 112 deg.08'47'' W.; 
thence west and south along the GCNP boundary to Lat. 36 deg.10'58'' N., 
Long. 113 deg.08'35'' W.; south to Lat. 36 deg.10'12'' N., Long. 
113 deg.08'34'' W.; thence northeast along the park boundary to Lat. 
36 deg.11'51'' N., Long. 113 deg.04'44'' W.; thence counter-clockwise 
via the 1.5-nautical mile radius of the Toroweap Overlook (Lat. 
36 deg.12'55'' N., Long. 113 deg.03'25'' W.) to Lat. 36 deg.13'46'' N., 
Long. 113 deg.01'54'' W.; thence in an easterly direction along the park 
boundary to the point of origin; but not including the following 
airspace designated as the ``Tuckup Corridor'': at or above 10,500 feet 
MSL within 2 nautical miles either side of a line extending between Lat. 
36 deg.24'42'' N., Long. 112 deg.48'47'' W. and Lat. 36 deg.14'17'' N., 
Long. 112 deg.48'31'' W.
    (d) Sanup Flight-free Zone. That airspace extending from the surface 
up to but not including 8,000 feet MSL within an area bounded by a line 
beginning at Lat. 36 deg.02'38'' N., Long. 113 deg.21'11'' W.; west to 
Lat. 36 deg.06'20'' N., Long. 113 deg.51'40'' W.; southeast to Lat. 
36 deg.00'07'' N., Long. 113 deg.42'58'' W.; southeast to Lat. 
35 deg.59'37'' N., Long. 113 deg.42'47'' W.; to Lat. 35 deg.59'20'' N., 
Long. 113 deg.43'00'' W.; to Lat. 35 deg.58'40'' N., Long. 
113 deg.43'58'' W.; southeast to Lat. 35 deg.50'16'' N., Long. 
113 deg.37'13'' W.; thence along the park boundary to the point of 
origin.



Sec. 93.307  Minimum flight altitudes.

    Except in an emergency, or if otherwise necessary for safety of 
flight, or unless otherwise authorized by the Flight Standards District 
Office for a purpose listed in 93.309, no person may operate an aircraft 
in the Special Flight Rules Area at an altitude lower than the 
following:
    (a) Minimum sector altitudes--(1) Commercial sightseeing flights--
(i) Marble Canyon Sector. Lees Ferry to Boundary Ridge: 6,000 feet MSL.
    (ii) Supai Sector. Boundary Ridge to Supai Point: 7,500 feet MSL.
    (iii) Diamond Creek Sector. Supai Point to Diamond Creek: 6,500 feet 
MSL.
    (iv) Pearce Ferry Sector. Diamond Creek to the Grand Wash Cliffs: 
5,000 feet MSL.
    (2) Transient and general aviation operations--(i) Marble Canyon 
Sector. Lees Ferry to Boundary Ridge: 8,000 feet MSL.
    (ii) Supai Sector. Boundary Ridge to Supai Point: 10,000 feet MSL.
    (iii) Diamond Creek Sector. Supai Point to Diamond Creek: 9,000 feet 
MSL.
    (iv) Pearce Ferry Sector. Diamond Creek to the Grand Wash Cliffs: 
8,000 feet MSL.
    (b) Minimum corridor altitudes--(1) Commercial sightseeing flights--
(i) Zuni Point Corridors. 7,500 feet MSL.
    (ii) Dragon Corridor. 7,500 feet MSL.
    (2) Transient and general aviation operations--(i) Zuni Point 
Corridor. 10,500 feet MSL.
    (ii) Dragon Corridor. 10,500 feet MSL.
    (iii) Tuckup Corridor. 10,500 feet MSL.



Sec. 93.309  General operating procedures.

    Except in an emergency, no person may operate an aircraft in the 
Special Flight Rules Area unless the operation is conducted in 
accordance with the following procedures. (Note: The following 
procedures do not relieve the pilot from see-and-avoid responsibility or 
compliance with the minimum safe altitude requirements specified in 
Sec. 91.119 of this chapter.):
    (a) Unless necessary to maintain a safe distance from other aircraft 
or terrain remain clear of the flight-free zones described in 
Sec. 93.305;
    (b) Unless necessary to maintain a safe distance from other aircraft 
or terrain, proceed through the Zuni Point, Dragon, and Tuckup Flight 
Corridors described in Sec. 93.305 at the following altitudes unless 
otherwise authorized in writing by the Flight Standards District Office:
    (1) Northbound. 11,500 or 13,500 feet MSL.
    (2) Southbound. 10,500 or 12,500 feet MSL.

[[Page 265]]

    (c) For operation in the flight-free zones described in Sec. 93.305, 
or flight below the altitudes listed in Sec. 93.307, is authorized in 
writing by the Flight Standards District Office and is conducted in 
compliance with the conditions contained in that authorization. Normally 
authorization will be granted for operation in the areas described in 
Sec. 93.305 or below the altitudes listed in Sec. 93.307 only for 
operations of aircraft necessary for law enforcement, firefighting, 
emergency medical treatment/evacuation of persons in the vicinity of the 
Park; for support of Park maintenance or activities; or for aerial 
access to and maintenance of other property located within the Special 
Flight Rules Area. Authorization may be issued on a continuing basis;
    (d) Is conducted in accordance with a specific authorization to 
operate in that airspace incorporated in the operator's operations 
specifications and approved by the Flight Standards District Office in 
accordance with the provisions of this subpart;
    (e) Is a search and rescue mission directed by the U.S. Air Force 
Rescue Coordination Center;
    (f) Is conducted within 3 nautical miles of Grand Canyon Bar Ten 
Airstrip, Pearce Ferry Airstrip, Cliff Dwellers Airstrip, or Marble 
Canyon Airstrip at an altitude less than 3,000 feet above airport 
elevation, for the purpose of landing at or taking off from that 
facility; or
    (g) Is conducted under an instrument flight rules (IFR) clearance 
and the pilot is acting in accordance with ATC instructions. An IFR 
flight plan may not be filed on a route or at an altitude that would 
require operation in an area described in Sec. 93.305.



Sec. 93.311  Minimum terrain clearance.

    Except in an emergency, when necessary for takeoff or landing, or 
unless otherwise authorized by the Flight Standards District Office for 
a purpose listed in Sec. 93.309(c), no person may operate an aircraft 
within 500 feet of any terrain or structure located between the north 
and south rims of the Grand Canyon.



Sec. 93.313  Communications.

    Except when in contact with the Grand Canyon National Park Airport 
Traffic Control Tower during arrival or departure or on a search and 
rescue mission directed by the U.S. Air Force Rescue Coordination 
Center, no person may operate an aircraft in the Special Flight Rules 
Area unless he monitors the appropriate frequency continuously while in 
that airspace.



Sec. 93.315  Commercial sightseeing flight operations.

    (a) Non-stop sightseeing flights that begin and end at the same 
airport, are conducted within a 25-statute-mile radius of that airport, 
and operate in or through the Special Flight Rules Area during any 
portion of the flight are governed by the provisions of part 119, SFAR 
38-2 of parts 121 and 135 of this chapter, part 121, and part 135 of 
this chapter, as applicable.
    (b) No person holding or required to hold an air carrier certificate 
or an operating certificate under SFAR No. 38-2 or part 119 of this 
chapter may operate an aircraft having a passenger-seat configuration of 
30 or fewer seats, excluding each crewmember seat, and a payload 
capacity of 7,500 or less pounds, in the Special Flight Rules Area 
except as authorized by the applicable operations specifications.



Sec. 93.316  Commercial sightseeing limitations.

    (a) Unless otherwise authorized by the Flight Standards District 
Office, no person shall conduct commercial sightseeing operations in the 
Dragon and Zuni Corridors during the following fixed flight-free 
periods:
    (1) Summer season (May 1-September 30)--6 p.m. to 8 a.m. daily; and
    (2) Winter season (October 1-April 30)--5 p.m. to 9 a.m. daily.
    (b) No person may operate more commercial sightseeing aircraft in 
the Special Flight Rules Area than the highest number of aircraft that 
appeared on the certificate holder's operations specifications, and that 
were used for commercial sightseeing operations in the Grand Canyon 
Special Flight Rules Area, between July 31, 1996 and December 31, 1996.

[[Page 266]]



Sec. 93.317  Commercial sightseeing flight reporting requirements.

    Each certificate holder conducting commercial sightseeing flights 
within the Special Flight Rules Area shall submit in writing, within 30 
days after April 30, August 31, and December 31, of each year, to the 
Flight Standards District Office the following information for each 
operation within the Special Flight Rules Area for the prior 4-month 
period:
    (a) Identification number (registration number) of each aircraft;
    (b) Departure airport;
    (c) Departure date and time; and
    (d) Route(s) flown.
    These reporting requirements continue through May 31, 2002.

Appendix to Subpart U--Special Flight Rules in the Vicinity of the Grand 
                        Canyon National Park, AZ

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[[Page 271]]



PART 95--IFR ALTITUDES--Table of Contents




                           Subpart A--General

Sec.
95.1  Applicability.
95.3  Symbols.

                 Subpart B--Designated Mountainous Areas

95.11  General.
95.13  Eastern United States Mountainous Area.
95.15  Western United States Mountainous Area.
95.17  Alaska Mountainous Area.
95.19  Hawaii Mountainous Area.
95.21  Puerto Rico Mountainous Area.

      Subpart C--En Route IFR Altitudes Over Particular Routes and 
                              Intersections

95.31  General.

                      Subpart D--Changeover Points

95.8001  General.

    Authority: 49 U.S.C. 106(g), 40103, 40113, and 14 CFR 11.49(b)(2).



                           Subpart A--General



Sec. 95.1   Applicability.

    (a) This part prescribes altitudes governing the operation of 
aircraft under IFR on Federal airways, jet routes, area navigation low 
or high routes, or other direct routes for which a MEA is designated in 
this part. In addition, it designates mountainous areas and changeover 
points.
    (b) The MAA is the highest altitude on a Federal airway, jet route, 
area navigation low or high route, or other direct route for which a MEA 
is designated in this part at which adequate reception of navigation aid 
signals is assured.
    (c) The MCA applies to the operation of an aircraft proceeding to a 
higher minimum en route altitude when crossing specified radio fixes.
    (d) The MEA prescribed for a Federal airway or segment thereof, area 
navigation low or high route, or other direct route, applies to the 
entire width of the airway, segment or route between the radio fixes 
defining the airway, segment or route. An MEA prescribed for an off-
airway route or route segment applies to the airspace five statute miles 
on each side of a direct course between radio fixes defining that route 
or route segment.
    (e) The MOCA applies to the operation of an aircraft within 25 
statute miles of the VOR station concerned. The MOCA assures obstruction 
clearance between the fixes specified but adequate reception of 
navigational signals is assured only within 25 miles of the VOR station 
concerned.
    (f) The MRA applies to the operation of an aircraft over an 
intersection used in the navigation of that aircraft. The MRA is the 
lowest altitude at which the intersection can be determined.
    (g) The COP applies to operation of an aircraft along a Federal 
airway, jet route, area navigation low or high route, or other direct 
route for which a MEA is designated in this part. It is the most 
appropriate point for transfer of the airborne navigation reference 
between the facility or way point abaft the aircraft and the next 
appropriate facility or way point along the Federal airway, jet route, 
area navigation low or high route, or other direct route that provides:
    (1) Continuous reception between facilities; and
    (2) A common source of azimuth guidance for all aircraft operating 
along the same segment of the Federal airway, jet route, area navigation 
low or high route, or other direct route.

[Doc. No. 1580, 28 FR 6718, June 29, 1963, as amended by Amdt. 95-118, 
29 FR 13166, Sept. 23, 1964; Amdt. 95-198, 35 FR 14610, Sept. 18, 1970]



Sec. 95.3   Symbols.

    For the purposes of this part--
    (a) COP means changeover point.
    (b) L means compass locator;
    (c) LF/MF means low frequency, medium frequency;
    (d) LFR means low frequency radio range;
    (e) VOR-E means VOR and distance measuring equipment; and
    (f) Z means a very high frequency location marker.

[Doc. No. 1580, 28 FR 6718, June 29, 1963, as amended by Amdt. 95-118, 
29 FR 13166, Sept. 23, 1964]

[[Page 272]]



                 Subpart B--Designated Mountainous Areas



Sec. 95.11   General.

    The areas described in this subpart are designated mountainous 
areas.

[Doc. No. 1580, 28 FR 6718, June 29, 1963]



Sec. 95.13   Eastern United States Mountainous Area.

    All of the following area excluding those portions specified in the 
exceptions.
    (a) Area.

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[[Page 274]]

    Beginning at latitude 47 deg.10' N., longitude 67 deg.55' W.; thence 
west and south along the Canadian Border to latitude 45 deg.00' N., 
longitude 74 deg.15' W.; thence to latitude 44 deg.20' N., longitude 
75 deg.30' W.; thence to latitude 43 deg.05' N., longitude 75 deg.30' 
W.; thence to latitude 42 deg.57' N., longitude 77 deg.30' W.; thence to 
latitude 42 deg.52' N., longitude 78 deg.42' W.; thence to latitude 
42 deg.26' N., longitude 79 deg.13' W.; thence to latitude 42 deg.05' 
N., longitude 80 deg.00' W.; thence to latitude 40 deg.50' N., longitude 
80 deg.00' W.; thence to latitude 40 deg.26' N., longitude 79 deg.54' 
W.; thence to latitude 38 deg.25' N., longitude 81 deg.46' W.; thence to 
latitude 36 deg.00' N., longitude 86 deg.00' W.; thence to latitude 
33 deg.37' N., longitude 86 deg.45' W.; thence to latitude 32 deg.30' 
N., longitude 86 deg.25' W.; thence to latitude 33 deg.22' N., longitude 
85 deg.00' W.; thence to latitude 36 deg.35' N., longitude 79 deg.20' 
W.; thence to latitude 40 deg.11' N., longitude 76 deg.24' W.; thence to 
latitude 41 deg.24' N., longitude 74 deg.30' W.; thence to latitude 
41 deg.43' N., longitude 72 deg.40' W.; thence to latitude 42 deg.13' 
N., longitude 72 deg.44' W.; thence to latitude 42 deg.13' N., longitude 
72 deg.44' W.; thence to latitude 43 deg.12' N., longitude 71 deg.30' 
W.; thence to latitude 43 deg.45' N., longitude 70 deg.30' W.; thence to 
latitude 45 deg.00' N., longitude 69 deg.30' W.; thence to latitude 
47 deg.10' N., longitude 67 deg.55' W., point of beginning.

    (b) Exceptions. The area bounded by the following coordinates:

    Beginning at latitude 45 deg.00' N., longitude 73 deg.26' W.; thence 
to latitude 44 deg.32' N., longitude 73 deg.04' W.; thence to latitude 
42 deg.51' N., longitude 73 deg.41' W.; thence to latitude 41 deg.38' 
N., longitude 73 deg.46' W.; thence to latitude 41 deg.16' N., longitude 
73 deg.50' W.; thence to latitude 41 deg.17' N., longitude 74 deg.00' 
W.; thence to latitude 41 deg.25' N., longitude 73 deg.58' W.; thence to 
latitude 41 deg.26' N., longitude 74 deg.01' W.; thence to latitude 
41 deg.37' N., longitude 73 deg.58' W.; thence to latitude 42 deg.41' 
N., longitude 73 deg.55' W.; thence to latitude 43 deg.02' N., longitude 
76 deg.15' W.; thence to latitude 43 deg.17' N., longitude 75 deg.21' 
W.; thence to latitude 42 deg.59' N., longitude 74 deg.43' W.; thence to 
latitude 42 deg.52' N., longitude 73 deg.53' W.; thence to latitude 
44 deg.30' N., longitude 73 deg.18' W.; thence to latitude 45 deg.00' 
N., longitude 73 deg.39' W.; thence to latitude 45 deg.00' N., longitude 
73 deg.26' W., point of beginning.

[21 FR 2750, Apr. 28, 1956. Redesignated by Amdt. 1-1, 28 FR 6718, June 
29, 1963]



Sec. 95.15   Western United States Mountainous Area.

    All of the following area excluding that portion specified in the 
exceptions:
    (a) Area. From the Pacific coastline of the United States, eastward 
along the Canadian and Mexican borders, to the following coordinates:

    Beginning at latitude 49 deg.00' N., longitude 108 deg.00' W.; 
thence to latitude 46 deg.45' N., longitude 104 deg.00' W.; thence to 
latitude 44 deg.06' N., longitude 103 deg.15' W.; thence to latitude 
43 deg.00' N., longitude 103 deg.15' W.; thence to latitude 41 deg.52' 
N., longitude 103 deg.39' W.; thence to latitude 35 deg.11' N., 
longitude 103 deg.39' W.; thence to latitude 33 deg.17' N., longitude 
104 deg.27' W.; thence to latitude 32 deg.17' N., longitude 104 deg.14' 
W.; thence to latitude 29 deg.48' N., longitude 102 deg.00' W.
    (b) Exceptions. (1) Beginning at latitude 35 deg.25' N., longitude 
119 deg.09' W.; thence to latitude 35 deg.29' N., longitude 118 deg.58' 
W.; thence to latitude 36 deg.49' N., longitude 119 deg.37' W.; thence 
to latitude 38 deg.30' N., longitude 121 deg.24' W.; thence to latitude 
39 deg.30' N., longitude 121 deg.32' W.; thence to latitude 40 deg.08' 
N., longitude 122 deg.08' W.; thence to latitude 40 deg.06' N., 
longitude 122 deg.20' W.; thence to latitude 39 deg.05' N., longitude 
122 deg.12' W.; thence to latitude 38 deg.01' N., longitude 121 deg.51' 
W.; thence to latitude 37 deg.37' N., longitude 121 deg.12' W.; thence 
to latitude 37 deg.00' N., longitude 120 deg.58' W.; thence to latitude 
36 deg.14' N., longitude 120 deg.11' W., point of beginning.
    (2) Beginning at latitude 49 deg.00' N., longitude 122 deg.21' W.; 
thence to latitude 48 deg.34' N., longitude 122 deg.21' W.; thence to 
latitude 48 deg.08' N., longitude 122 deg.00' W.; thence to latitude 
47 deg.12' N., longitude 122 deg.00' W.; thence to latitude 46 deg.59' 
N., longitude 122 deg.13' W.; thence to latitude 46 deg.52' N., 
longitude 122 deg.16' W.; thence to latitude 46 deg.50' N., longitude 
122 deg.40' W.; thence to latitude 46 deg.35' N., longitude 122 deg.48' 
W.; thence to latitude 46 deg.35' N., longitude 123 deg.17' W.; thence 
to latitude 47 deg.15' N., longitude 123 deg.17' W.; thence to latitude 
47 deg.41' N., longitude 122 deg.54' W.; thence to latitude 48 deg.03' 
N., longitude 122 deg.48' W.; thence to latitude 48 deg.17' N., 
longitude 123 deg.15' W.; thence North and East along the United States 
and Canada Boundary to latitude 49 deg.00' N., longitude 122 deg.21' W., 
point of beginning.

[21 FR 2750, Apr. 28, 1956. Redesignated by Amdt. 1-1, 28 FR 6718, June 
29, 1963, and amended by Amdt. 95-255, 40 FR 2579, Jan. 14, 1975]



Sec. 95.17   Alaska Mountainous Area.

    All of the following area excluding those portions specified in the 
exceptions:
    (a) Area. The Territory of Alaska.
    (b) Exceptions.

    (1) Beginning at latitude 64 deg.54' N., longitude 147 deg.20' W.; 
thence to latitude 64 deg.50' N., longitude 151 deg.22' W.; thence to 
latitude 64 deg.26' N., longitude 151 deg.22' W.; thence to latitude 
64 deg.25' N., longitude 147 deg.20' W.; thence to latitude 64 deg.54' 
N., longitude 147 deg.20' W., point of beginning.

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    (2) Beginning at latitude 61 deg.50' N., longitude 151 deg.12' W.; 
thence to latitude 61 deg.24' N., longitude 150 deg.28' W.; thence to 
latitude 59 deg.40' N., longitude 152 deg.23' W.; thence to latitude 
59 deg.33' N., longitude 151 deg.28' W.; thence to latitude 60 deg.31' 
N., longitude 150 deg.43' W.; thence to latitude 61 deg.13' N., 
longitude 149 deg.39' W.; thence to latitude 61 deg.37' N., longitude 
149 deg.15' W.; thence to latitude 61 deg.44' N., longitude 149 deg.48' 
W.; thence to latitude 62 deg.23' N., longitude 149 deg.54' W.; thence 
to latitude 62 deg.23' N., longitude 150 deg.14' W.; thence to latitude 
61 deg.50' N., longitude 151 deg.12' W., point of beginning.
    (3) Beginning at latitude 58 deg.56' N., longitude 156 deg.58' W.; 
thence to latitude 58 deg.47' N., longitude 156 deg.27' W.; thence to 
latitude 56 deg.43'

[[Page 276]]

N., longitude 158 deg.39' W.; thence to latitude 56 deg.50' N., 
longitude 159 deg.00' W.; thence along the shore line to latitude 
58 deg.56' N., longitude 156 deg.58' W., point of beginning.
    (4) Beginning at latitude 61 deg.47' N., longitude 159 deg.40' W.; 
thence to latitude 61 deg.34' N., longitude 159 deg.15' W.; thence to 
latitude 60 deg.32' N., longitude 161 deg.42' W.; thence to latitude 
60 deg.45' N., longitude 162 deg.06' W.; thence to latitude 61 deg.47' 
N., longitude 159 deg.40' W., point of beginning.
    (5) Beginning at a point where latitude 39 deg.30' intersects the 
northwest coast of Alaska and eastward along the 69 deg.30' parallel to 
the 150 deg. Meridian; thence northward along the 150 deg. Meridian to 
69 deg.50' north latitude; thence eastward along the 69 deg.50' parallel 
to a point where 69 deg.50' intersects the northeast coastline of 
Alaska; thence westward along the northern coastline of Alaska to the 
intersection of latitude 69 deg.30', point of beginning.

[21 FR 2750, Apr. 28, 1956, as amended by Amdt. 88, 27 FR 4356, May 8, 
1962. Redesignated by Amdt. 1-1, 28 FR 6718, June 29, 1963]



Sec. 95.19   Hawaii Mountainous Area.

    The following islands of the State of Hawaii: Kauai, Oahu, Molokai, 
Lanai, Kehoolawe, Maui, and Hawaii.

[[Page 277]]

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[Amdt. 88, 27 FR 4536, May 8, 1962. Redesignated by Amdt. 1-1, 28 FR 
6719, June 29, 1963]



Sec. 95.21   Puerto Rico Mountainous Area.

    The area bounded by the following coordinates:
    Beginning at latitude 18 deg.22' N., longitude 66 deg.58' W., thence 
to latitude 18 deg.19' N., longitude 66 deg.06' W.; thence to latitude 
18 deg.20' N., longitude 65 deg.50' W.; thence to latitude 18 deg.20' 
N., longitude 65 deg.42' W.; thence to latitude 18 deg.03' N., longitude 
65 deg.52' W.; thence to latitude 18 deg.02' N., longitude 65 deg.51' 
W.; thence to latitude 17 deg.59' N., longitude 65 deg.55' W.; thence to 
latitude 18 deg.05' N., longitude 66 deg.57' W.; thence to latitude 
18 deg.11' N., longitude 67 deg.07' W.; thence to latitude 18 deg.22' 
N., longitude 66 deg.58' W.; the point of beginning.

[[Page 278]]

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[Amdt. 88, 27 FR 4536, May 8, 1962; 27 FR 5603, June 13, 1962. 
Redesignated by Amdt. 1-1, 28 FR 6719, June 29, 1963]

[[Page 279]]



      Subpart C--En Route IFR Altitudes Over Particular Routes and 
                              Intersections

    Editorial Note: The prescribed IFR altitudes for flights over 
particular routes and intersections in this subpart were formerly 
carried as Secs. 610.11 through 610.6887 of this title and were 
transferred to part 95 as Secs. 95.41 through 95.6887, respectively, but 
are not carried in the Code of Federal Regulations. For Federal Register 
citations affecting these routes, see the List of CFR Sections Affected 
in the Finding Aids section of this volume.



Sec. 95.31   General.

    This subpart prescribes IFR altitudes for flights along particular 
routes or route segments and over additional intersections not listed as 
a part of a route or route segment.

[Doc. No. 1580, 28 FR 6719, June 29, 1963]



                      Subpart D--Changeover Points

    Editorial Note: The prescribed COP's for Federal airways, jet 
routes, or other direct routes for which an MEA is designated in this 
part are not carried in the Code of Federal Regulations. For Federal 
Register citations affecting these routes see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 95.8001   General.

    This subpart prescribes COP's for Federal airways, jet routes, area 
navigation routes, or other direct routes for which an MEA is designated 
in this part. Unless otherwise specified the COP is midway between the 
navigation facilities or way points for straight route segments, or at 
the intersection of radials or courses forming a dogleg in the case of 
dogleg route segments.

[Doc. No. 10580, 35 FR 14610, Sept. 18, 1970]



PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES--Table of Contents




                           Subpart A--General

Sec.
97.1  Applicability.
97.3  Symbols and terms used in procedures.
97.5  Bearings; courses; headings; radials; miles.

                          Subpart B--Procedures

97.10  General.

                       Subpart C--TERPS Procedures

97.20  General.

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113-40114, 40120, 
44502, 44514, 44701, 44719, 44721-44722.

    Source: Docket No. 1580, 28 FR 6719, June 29, 1963, unless otherwise 
noted.



                           Subpart A--General



Sec. 97.1   Applicability.

    This part prescribes standard instrument approach procedures for 
instrument letdown to airports in the United States and the weather 
minimums that apply to takeoffs and landings under IFR at those 
airports.



Sec. 97.3   Symbols and terms used in procedures.

    As used in the standard terminal instrument procedures prescribed in 
this part--
    (a) A means alternate airport weather minimum.
    (b) Aircraft approach category means a grouping of aircraft based on 
a speed of 1.3 Vso (at maximum certificated landing weight). 
Vso and the maximum certificated landing weight are those 
values as established for the aircraft by the certificating authority of 
the country of registry. The categories are as follows:
    (1) Category A: Speed less than 91 knots.
    (2) Category B: Speed 91 knots or more but less than 121 knots.
    (3) Category C: Speed 121 knots or more but less than 141 knots.
    (4) Category D: Speed 141 knots or more but less than 166 knots.
    (5) Category E: Speed 166 knots or more.
    (c) Approach procedure segments for which altitudes (all altitudes 
prescribed are minimum altitudes unless otherwise specified) or courses, 
or both, are prescribed in procedures, are as follows:
    (1) Initial approach is the segment between the intial approach fix 
and the intermediate fix or the point where the

[[Page 280]]

aircraft is established on the intermediate course or final approach 
course.
    (2) Initial approach altitude means the altitude (or altitudes, in 
High Altitude Procedures) prescribed for the initial approach segment of 
an instrument approach.
    (3) Intermediate approach is the segment between the intermediate 
fix or point and the final approach fix.
    (4) Final approach is the segment between the final approach fix or 
point and the runway, airport, or missed-approach point.
    (5) Missed approach is the segment between the missed-approach 
point, or point of arrival at decision height, and the missed-approach 
fix at the prescribed altitude.
    (d) C means circling landing minimum, a statement of ceiling and 
visibility values, or minimum descent altitude and visibility, required 
for the circle-to-land maneuver.
    (d-1) Copter procedures means helicopter procedures, with applicable 
minimums as prescribed in Sec. 97.35 of this part. Helicopters may also 
use other procedures prescribed in Subpart C of this part and may use 
the Category A minimum descent altitude (MDA) or decision height (DH). 
The required visibility minimum may be reduced to one-half the published 
visibility minimum for Category A aircraft, but in no case may it be 
reduced to less than one-quarter mile or 1,200 feet RVR.
    (e) Ceiling minimum means the minimum ceiling, expressed in feet 
above the surface of the airport, required for takeoff or required for 
designating an airport as an alternate airport.
    (f) D means day.
    (g) FAF means final approach fix.
    (h) HAA means height above airport.
    (h-1) HAL means height above a designated helicopter landing area 
used for helicopter instrument approach procedures.
    (i) HAT means height above touchdown.
    (j) MAP means missed approach point.
    (k) More than 65 knots means an aircraft that has a stalling speed 
of more than 65 knots (as established in an approved flight manual) at 
maximum certificated landing weight with full flaps, landing gear 
extended, and power off.
    (l) MSA means minimum safe altitude, an emergency altitude expressed 
in feet above mean sea level, which provides 1,000 feet clearance over 
all obstructions in that sector within 25 miles of the facility on which 
the procedure is based (LOM in ILS procedures).
    (m) N means night.
    (n) NA means not authorized.
    (o) NOPT means no procedure turn required (altitude prescribed 
applies only if procedure turn is not executed).
    (o-1) Point in space approach means a helicopter instrument approach 
procedure to a missed approach point that is more than 2,600 feet from 
an associated helicopter landing area.
    (p) Procedure turn means the maneuver prescribed when it is 
necessary to reverse direction to establish the aircraft on an 
intermediate or final approach course. The outbound course, direction of 
turn, distance within which the turn must be completed, and minimum 
altitude are specified in the procedure. However, the point at which the 
turn may be commenced, and the type and rate of turn, is left to the 
discretion of the pilot.
    (q) RA means radio altimeter setting height.
    (r) RVV means runway visibility value.
    (s) S means straight-in landing minimum, a statement of ceiling and 
visibility, minimum descent altitude and visibility, or decision height 
and visibility, required for a straight-in landing on a specified 
runway. The number appearing with the S indicates the runway to which 
the minimum applies. If a straight-in minimum is not prescribed in the 
procedure, the circling minimum specified applies to a straight-in 
landing.
    (t) Shuttle means a shuttle, or race-track-type, pattern with 2-
minute legs prescribed in lieu of a procedure turn.
    (u) 65 knots or less means an aircraft that has a stalling speed of 
65 knots or less (as established in an approved flight manual) at 
maximum certificated landing weight with full flaps, landing gear 
extended, and power off.
    (v) T means takeoff minimum.
    (w) TDZ means touchdown zone.

[[Page 281]]

    (x) Visibility minimum means the minimum visibility specified for 
approach, or landing, or takeoff, expressed in statute miles, or in feet 
where RVR is reported.

(Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1348(c), 1354(a), 1421); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)))

[Doc. No. 8130, 32 FR 13911, Oct. 6, 1967, as amended by Amdt. 97-803, 
37 FR 6287, Mar. 28, 1972; Amdt. 97-1133, 44 FR 15659, Mar. 15, 1979]



Sec. 97.5   Bearings; courses; headings; radials; miles.

    (a) All bearings, courses, headings, and radials in this part are 
magnetic.
    (b) RVR values are stated in feet. Other visibility values are 
stated in statute miles. All other mileages are stated in nautical 
miles.

[Doc. No. 561, 32 FR 13912, Oct. 6, 1967]



                          Subpart B--Procedures

    Editorial Note: The procedures set forth in this subpart were 
formerly carried as Secs. 609.100 through 609.500 of this title and were 
transferred to part 97 as Secs. 97.11 through 97.19, respectively, but 
are not carried in the Code of Federal Regulations. For Federal Register 
citations affecting these procedures, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 97.10   General.

    This subpart prescribes standard instrument approach procedures 
other than those based on the criteria contained in the U.S. Standard 
for Terminal Instrument Approach Procedures (TERPs). Standard instrument 
approach procedures adopted by the FAA and described on FAA Form 3139 
are incorporated into this part and made a part hereof as provided in 5 
U.S.C. 552(a)(1) and pursuant to 1 CFR part 20. The incorporated 
standard instrument approach procedures are available for examination at 
the Rules Docket and at the National Flight Data Center, Federal 
Aviation Administration, 800 Independence Avenue SW., Washington, DC 
20590. Copies of SIAPs adopted in a particular FAA Region are also 
available for examination at the headquarters of that region. Moreover, 
copies of SIAPs originating in a particular Flight Inspection District 
Office are available for examination at that office. Based on the 
information contained on FAA Form 3139, standard instrument approach 
procedures are portrayed on charts prepared for the use of pilots by the 
U.S. Coast and Geodetic Survey and other publishers of aeronautical 
charts.

[Doc. No. 9748, 35 FR 5609, Apr. 7, 1970]



                       Subpart C--TERPS Procedures

    Source: Docket No. 8130, 32 FR 13912, Oct. 6, 1967, unless otherwise 
noted.

    Editorial Note: The procedures for Secs. 97.21 through 97.35, 
respectively, are not carried in the Code of Federal Regulations. For 
Federal Register citations affecting these procedures, see the List of 
CFR Sections Affected in the Finding Aids section of this volume.



Sec. 97.20   General.

    This subpart prescribes standard instrument approach procedures 
based on the criteria contained in the U.S. Standard for Terminal 
Instrument Approach Procedures (TERPs). The standard instrument approach 
procedures adopted by the FAA and described on FAA Form 8260-3, 8260-4, 
or 8260-5 are incorporated into this part and made a part hereof as 
provided in 5 U.S.C. 552(a)(1) and pursuant to 1 CFR part 20. The 
incorporated standard instrument approach procedures are available for 
examination at the Rules Docket and at the National Flight Data Center, 
Federal Aviation Administration, 800 Independence Avenue SW., 
Washington, DC 20590. Copies of SIAPs adopted in a particular FAA Region 
are also available for examination at the headquarters of that Region. 
Moreover, copies of SIAPs originating in a particular Flight Inspection 
District Office are available for examination at that Office. Based on 
the information contained on FAA Form 8260-3, 8260-4, and 8260-5, 
standard instrument approach procedures are portrayed on charts prepared 
for the use of pilots by the U.S. Coast and Geodetic Survey and other 
publishers of aeronautical charts.

(Sec. 6(c) Department of Transportation Act. 49 U.S.C. 1655(c) and 5 
U.S.C. 552(a)(1))

[Doc. No. 9748, 35 FR 5609, Apr. 7, 1970]

[[Page 282]]



PART 99--SECURITY CONTROL OF AIR TRAFFIC--Table of Contents




                           Subpart A--General

Sec.
99.1  Applicability.
99.3  General.
99.5  Emergency situations.
99.7  Special security instructions.
99.9  Radio requirements.
99.11  ADIZ flight plan requirements.
99.12  Transponder-on requirements.
99.15  Arrival or completion notice.
99.17  Position reports; aircraft operating in or penetrating an ADIZ; 
          IFR.
99.19  Position reports; aircraft operating in or penetrating an ADIZ; 
          DVFR.
99.21  Position reports; aircraft entering the United States through an 
          ADIZ; United States aircraft.
99.23  Position reports; aircraft entering the United States through an 
          ADIZ; foreign aircraft.
99.27  Deviation from flight plans and ATC clearances and instructions.
99.29  Radio failure; DVFR.
99.31  Radio failure; IFR.

         Subpart B--Designated Air Defense Identification Zones

99.41  General.
99.42  Contiguous U.S. ADIZ.
99.43  Alaska ADIZ.
99.45  Guam ADIZ.
99.47  Hawaii ADIZ.
99.49  Defense Area.

    Authority: 49 U.S.C. 106(g), 40101, 40103, 40106, 40113, 40120, 
44502, 44721.

    Source: Docket No. 25113, 53 FR 18217, May 20, 1988, unless 
otherwise noted.



                           Subpart A--General



Sec. 99.1  Applicability.

    (a) This subpart prescribes rules for operating civil aircraft in a 
defense area, or into, within, or out of the United States through an 
Air Defense Identification Zone (ADIZ), designated in subpart B.
    (b) Except for Secs. 99.7 and 99.12, this subpart does not apply to 
the operation of any aircraft--
    (1) Within the 48 contiguous States and the District of Columbia, or 
within the State of Alaska, on a flight which remains within 10 nautical 
miles of the point of departure;
    (2) Operating at true airspeed of less than 180 knots in the Hawaii 
ADIZ or over any island, or within 3 nautical miles of the coastline of 
any island, in the Hawaii ADIZ;
    (3) Operating at true airspeed of less than 180 knots in the Alaska 
ADIZ while the pilot maintains a continuous listening watch on the 
appropriate frequency; or
    (4) Operating at true airspeed of less than 180 knots in the Guam 
ADIZ.
    (c) Except as provided in Sec. 99.7, the radio and position 
reporting requirements of this subpart do not apply to the operation of 
an aircraft within the 48 contiguous States and the District of 
Columbia, or within the State of Alaska, if that aircraft does not have 
two-way radio and is operated in accordance with a filed DVFR flight 
plan containing the time and point of ADIZ penetration and that aircraft 
departs within 5 minutes of the estimated departure time contained in 
the flight plan.
    (d) An FAA ATC center may exempt the following operations from this 
subpart (except Sec. 99.7), on a local basis only, with the concurrence 
of the military commanders concerned:
    (1) Aircraft operations that are conducted wholly within the 
boundaries of an ADIZ and are not currently significant to the air 
defense system.
    (2) Aircraft operations conducted in accordance with special 
procedures prescribed by the military authorities concerned.

[Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-14, 
53 FR 44182, Nov. 2, 1988]



Sec. 99.3  General.

    (a) The Air Defense Identification Zone (ADIZ) is an area of 
airspace over land or water in which the ready identification, location, 
and control of civil aircraft is required in the interest of national 
security.
    (b) Unless designated as an ADIZ, a Defense Area is any airspace of 
the United States in which the control of aircraft is required for 
reasons of national security.
    (c) For the purposes of this part, a Defense Visual Flight Rules 
(DVFR) flight is a flight within an ADIZ conducted under the visual 
flight rules in part 91.

[[Page 283]]



Sec. 99.5  Emergency situations.

    In an emergency that requires immediate decision and action for the 
safety of the flight, the pilot in command of an aircraft may deviate 
from the rules in this part to the extent required by that emergency. He 
shall report the reasons for the deviation to the communications 
facility where flight plans or position reports are normally filed 
(referred to in this part as ``an appropriate aeronautical facility'') 
as soon as possible.



Sec. 99.7  Special security instructions.

    Each person operating an aircraft in an ADIZ or Defense Area shall, 
in addition to the applicable rules of this part, comply with special 
security instructions issued by the Administrator in the interest of 
national security and that are consistent with appropriate agreements 
between the FAA and the Department of Defense.



Sec. 99.9  Radio requirements.

    Except as provided in Sec. 99.1(c), no person may operate an 
aircraft in an ADIZ unless the aircraft has a functioning two-way radio.



Sec. 99.11  ADIZ flight plan requirements.

    (a) Unless otherwise authorized by ATC, no person may operate an 
aircraft into, within, or across an ADIZ unless that person has filed a 
flight plan with an appropriate aeronautical facility.
    (b) Unless ATC authorizes an abbreviated flight plan--
    (1) A flight plan for IFR flight must contain the information 
specified in Sec. 91.169; and
    (2) A flight plan for VFR flight must contain the information 
specified in Sec. 91.153(a) (1) through (6).
    (3) If airport of departure is within the Alaskan ADIZ and there is 
no facility for filing a flight plan then:
    (i) Immediately after takeoff or when within range of an appropriate 
aeronautical facility, comply with provisions of paragraph (b)(1) or 
(b)(2) as appropriate.
    (ii) Proceed according to the instructions issued by the appropriate 
aeronautical facility.
    (c) The pilot shall designate a flight plan for VFR flight as a DVFR 
flight plan.

[Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 FR 44182, Nov. 2, 1988, 
as amended by Amdt. 99-15, 54 FR 34331, Aug. 18, 1989]



Sec. 99.12  Transponder-on requirements.

    (a) Aircraft transponder-on operation. Each person operating an 
aircraft into or out of the United States into, within, or across an 
ADIZ designated in subpart B of this part, if that aircraft is equipped 
with an operable radar beacon transponder, shall operate the 
transponder, including altitude encoding equipment if installed, and 
shall reply on the appropriate code or as assigned by ATC.
    (b) ATC transponder equipment and use. Effective September 7, 1990, 
unless otherwise authorized by ATC, no person may operate a civil 
aircraft into or out of the United States into, within, or across the 
contiguous U.S. ADIZ designated in subpart B of this part unless that 
aircraft is equipped with a coded radar beacon transponder.
    (c) ATC transponder and altitude reporting equipment and use. 
Effective December 30, 1990, unless otherwise authorized by ATC, no 
person may operate a civil aircraft into or out of the United States 
into, within, or across the contiguous U.S. ADIZ unless that aircraft is 
equipped with a coded radar beacon transponder and automatic pressure 
altitude reporting equipment having altitude reporting capability that 
automatically replies to interrogations by transmitting pressure 
altitude information in 100-foot increments.
    (d) Paragraphs (b) and (c) of this section do not apply to the 
operation of an aircraft which was not originally certificated with an 
engine-driven electrical system and which has not subsequently been 
certified with such a system installed, a balloon, or a glider.

[Doc. No. 24903, 55 FR 8395, Mar. 7, 1990]



Sec. 99.15  Arrival or completion notice.

    The pilot in command of an aircraft for which a flight plan has been 
filed shall file an arrival or completion notice with an appropriate 
aeronautical

[[Page 284]]

facility, unless the flight plan states that no notice will be filed.



Sec. 99.17  Position reports; aircraft operating in or penetrating an ADIZ; IFR.

    The pilot of an aircraft operating in or penetrating an ADIZ under 
IFR--
    (a) In controlled airspace, shall make the position reports required 
in Sec. 91.183; and
    (b) In uncontrolled airspace, shall make the position reports 
required in Sec. 99.19.

[Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-15, 
54 FR 34331, Aug. 18, 1989]



Sec. 99.19  Position reports; aircraft operating in or penetrating an ADIZ; DVFR.

    No pilot may operate an aircraft penetrating an ADIZ under DVFR 
unless--
    (a) That pilot reports to an appropriate aeronautical facility 
before penetration: The time, position, and altitude at which the 
aircraft passed the last reporting point before penetration and the 
estimated time of arrival over the next appropriate reporting point 
along the flight route;
    (b) If there is no appropriate reporting point along the flight 
route, that pilot reports at least 15 minutes before penetration: The 
estimated time, position, and altitude at which he will penetrate; or
    (c) If the airport departure is within an ADIZ or so close to the 
ADIZ boundary that it prevents his complying with paragraphs (a) or (b) 
of this section, that pilot has reported immediately after taking off: 
the time of departure, altitude, and estimated time of arrival over the 
first reporting point along the flight route.



Sec. 99.21  Position reports; aircraft entering the United States through an ADIZ; United States aircraft.

    The pilot of an aircraft entering the United States through an ADIZ 
shall make the reports required in Sec. 99.17 or 99.19 to an appropriate 
aeronautical facility.



Sec. 99.23  Position reports; aircraft entering the United States through an ADIZ; foreign aircraft.

    In addition to such other reports as ATC may require, no pilot in 
command of a foreign civil aircraft may enter the U.S. through an ADIZ 
unless that pilot makes the reports required in Sec. 99.17 or 99.19 or 
reports the position of the aircraft when it is not less than one hour 
and not more than 2 hours average direct cruising distance from the 
United States.

[Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 FR 21989, June 13, 1988]



Sec. 99.27  Deviation from flight plans and ATC clearances and instructions.

    (a) No pilot may deviate from the provisions of an ATC clearance or 
ATC instruction except in accordance with Sec. 91.123 of this chapter.
    (b) No pilot may deviate from the filed IFR flight plan when 
operating an aircraft in uncontrolled airspace unless that pilot 
notifies an appropriate aeronautical facility before deviating.
    (c) No pilot may deviate from the filed DVFR flight plan unless that 
pilot notifies an appropriate aeronautical facility before deviating.

[Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-15, 
54 FR 34331, Aug. 18, 1989]



Sec. 99.29  Radio failure; DVFR.

    If the pilot operating an aircraft under DVFR in an ADIZ cannot 
maintain two-way radio communications, the pilot may proceed in 
accordance with original DVFR flight plan or land as soon as 
practicable. The pilot shall report the radio failure to an appropriate 
aeronautical facility as soon as possible.



Sec. 99.31  Radio failure; IFR.

    If a pilot operating an aircraft under IFR in an ADIZ cannot 
maintain two-way radio communications, the pilot shall proceed in 
accordance with Sec. 91.185 of this chapter.

[Doc. No. 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-15, 
54 FR 34331, Aug. 18, 1989]

[[Page 285]]



         Subpart B--Designated Air Defense Identification Zones



Sec. 99.41  General.

    The airspace above the areas described in this subpart is 
established as an ADIZ Defense Area. The lines between points described 
in this subpart are great circles except that the lines joining adjacent 
points on the same parallel of latitude are rhumb lines.



Sec. 99.42  Contiguous U.S. ADIZ.

    (a) The area bounded by a line from 26 deg.00'N, 96 deg.35'W; 
26 deg.00'N, 95 deg.00'W; 26 deg.30'N, 95 deg.00'W; then along 
26 deg.30'N to 26 deg.30'N, 84 deg.00'W; 24 deg.00'N, 83 deg.00'W; 
24 deg.00'N, 80 deg.00'W; 24 deg.00'N, 79 deg.25'W; 25 deg.40'N, 
79 deg.25'W; 27 deg.30'N, 78 deg.50'W; 30 deg.45'N, 74 deg.00'W; 
39 deg.30'N, 63 deg.45'W; 43 deg.00'N, 65 deg.48'W; 41 deg.15'N, 
69 deg.30'W; 40 deg.32'N, 72 deg.15'W; 39 deg.55'N, 73 deg.00'W; 
39 deg.38'N, 73 deg.00'W; 39 deg.36'30"N, 73 deg.40'30"W; 39 deg.30'N, 
73 deg.45'W; 37 deg.00'N, 75 deg.30'W; 36 deg.10'N, 75 deg.10'W; 
35 deg.10'N, 75 deg.10'W; 32 deg.01'N, 80 deg.32'W; 30 deg.50'N, 
80 deg.54'W; 30 deg.05'N, 81 deg.07'W; 27 deg.59'N, 79 deg.23'W; 
24 deg.49'N, 80 deg.00'W; 24 deg.49'N, 80 deg.55'W; 25 deg.10'N, 
81 deg.12'W; then along a line 3 nautical miles from the shoreline to 
25 deg.45'N, 81 deg.27'W; 25 deg.45'N, 82 deg.07'W; 28 deg.55'N, 
83 deg.30'W; 29 deg.20'N, 85 deg.00'W; 30 deg.00'N, 86 deg.00'W; 
30 deg.00'N, 88 deg.30'W; 29 deg.00'N, 89 deg.00'W; 28 deg.45'N, 
90 deg.00'W; 29 deg.26'N, 94 deg.00'W; 28 deg.42'N, 95 deg.17'W; 
28 deg.05'N, 96 deg.30'W; 26 deg.25'N, 96 deg.30'W; 26 deg.00'N, 
96 deg.35'W; 25 deg.58'N, to 97 deg.07'W;
    (b) The area bounded by a line from 32 deg.32'03"N, 117 deg.07'25"W; 
32 deg.30'N, 117 deg.20'W; 32 deg.00'N, 118 deg.24'W; 30 deg.45'N, 
120 deg.50'W; 29 deg.00'N, 124 deg.00'W; 37 deg.42'N, 130 deg.40'W; 
48 deg.20'N, 132 deg.00'W; 48 deg.20'N, 128 deg.00'W; 48 deg.30'N, 
125 deg.00'W; 48 deg.29'38"N, 124 deg.43'35"W; 48 deg.00'N, 
125 deg.15'W; 46 deg.15'N, 124 deg.30'W; 43 deg.00'N, 124 deg.40'W; 
40 deg.00'N, 124 deg.35'W; 38 deg.50'N, 124 deg.00'W; 34 deg.50'N, 
121 deg.10'W; 34 deg.00'N, 120 deg.30'W; 32 deg.00'N, 118 deg.24'W; 
32 deg.30'N, 117 deg.20'W; 32 deg.32'03"N, to 117 deg.07'25"W; and
    (c) A line extending from 32 deg.32'03"N, 117 deg.07 deg.25"W; 
eastward along the United States-Mexico Border to 25 deg.58'00"N, 
97 deg.07'00"W.''

[Doc. No. 25113, 53 FR 34043, Sept. 2, 1988]



Sec. 99.43  Alaska ADIZ.

    The area bounded by a line 54 deg.00'N, 136 deg.00'W; 56 deg.57'N, 
144 deg.00'W; 57 deg.00'N, 145 deg.00'W; 53 deg.00'N, 158 deg.00'W; 
50 deg.00'N, 169 deg.00'W; 50 deg.00'N, 180 deg.00'; 50 deg.00'N, 
170 deg.00'E; 53 deg.00'N, 170 deg.00'E; 60 deg.00'N, 180 deg.00'; 
65 deg.00'N, 169 deg.00'W; then along 169 deg.00'W to 75 deg.00'N, 
169 deg.00'W; then along the 75 deg.00'N parallel to 75 deg.00'N; 
141 deg.00'W to 69 deg.50'N, 141 deg.00'W; 71 deg.18'N, 156 deg.44'W; 
69 deg.52'N, 163 deg.00'W; then south along 163 deg.00'W to 54 deg.00'N, 
163 deg.00'W; 56 deg.30'N, 154 deg.00'W; 59 deg.20'N, 146 deg.00'W; 
59 deg.30'N, 140 deg.00'W; 57 deg.00'N, 136 deg.00'W; 54 deg.35'N, 
133 deg.00'W; to point of beginning.

[Doc. No. 25113, 53 FR 18217, May 20, 1988; 53 FR 21989, June 13, 1988]



Sec. 99.45  Guam ADIZ.

    (a) Inner boundary. From a point 13 deg.52'07"N, 143 deg.59'16"E, 
counterclockwise along the 50-nautical-mile radius arc of the NIMITZ 
VORTAC (located at 13 deg.27'11"N, 144 deg.43'51"E); to a point 
13 deg.02'08"N, 145 deg.28'17"E; then to a point 14 deg.49'07"N, 
146 deg.13'58"E; counterclockwise along the 35-nautical-mile radius arc 
of the SAIPAN NDB (located at 15 deg.06'46"N, 145 deg.42'42"E); to a 
point 15 deg.24'21"N, 145 deg.11'21"E; then to the point of origin.
    (b) Outer boundary. The area bounded by a circle with a radius of 
250 NM centered at latitude 13 deg.32'41"N, longitude 144 deg.50'30"E.



Sec. 99.47  Hawaii ADIZ.

    (a) Outer boundary. The area included in the irregular octagonal 
figure formed by a line connecting 26 deg.30'N, 156 deg.00'W; 
26 deg.30'N, 161 deg.00'W; 24 deg.00'N, 164 deg.00'W; 20 deg.00'N, 
164 deg.00'W; 17 deg.00'N, 160 deg.00'W; 17 deg.00'N, 156 deg.00'W; 
20 deg.00'N, 153 deg.00'W; 22 deg.00'N, 153 deg.00'W; to point of 
beginning.
    (b) Inner boundary. The inner boundary to follow a line connecting 
22 deg.30'N, 157 deg.00'W; 22 deg.30'N, 160 deg.00'W; 22 deg.00'N, 
161 deg.00'W; 21 deg.00'N, 161 deg.00'W; 20 deg.00'N, 160 deg.00'W; 
20 deg.00'N, 156 deg.30'W; 21 deg.00'N, 155 deg.30'W; to point of 
beginning.



Sec. 99.49  Defense Area.

    All airspace of the United States is designated as Defense Area 
except that airspace already designated as Air Defense Identification 
Zone.

[[Page 286]]



PART 101--MOORED BALLOONS, KITES, UNMANNED ROCKETS AND UNMANNED FREE BALLOONS--Table of Contents




                           Subpart A--General

Sec.
101.1  Applicability.
101.3  Waivers.
101.5  Operations in prohibited or restricted areas.
101.7  Hazardous operations.

                  Subpart B--Moored Balloons and Kites

101.11  Applicability.
101.13  Operating limitations.
101.15  Notice requirements.
101.17  Lighting and marking requirements.
101.19  Rapid deflation device.

                       Subpart C--Unmanned Rockets

101.21  Applicability.
101.22  Special provisions for large model rockets.
101.23  Operating limitations.
101.25  Notice requirements.

                    Subpart D--Unmanned Free Balloons

101.31  Applicability.
101.33  Operating limitations.
101.35  Equipment and marking requirements.
101.37  Notice requirements.
101.39  Balloon position reports.

    Authority: 49 U.S.C. 106(g), 40103, 40113-40114, 45302, 44502, 
44514, 44701-44702, 44721, 46308.



                           Subpart A--General



Sec. 101.1   Applicability.

    (a) This part prescribes rules governing the operation in the United 
States, of the following:
    (1) Except as provided for in Sec. 101.7, any balloon that is moored 
to the surface of the earth or an object thereon and that has a diameter 
of more than 6 feet or a gas capacity of more than 115 cubic feet.
    (2) Except as provided for in Sec. 101.7, any kite that weighs more 
than 5 pounds and is intended to be flown at the end of a rope or cable.
    (3) Any unmanned rocket except:
    (i) Aerial firework displays; and,
    (ii) Model rockets:
    (a) Using not more than four ounces of propellant;
    (b) Using a slow-burning propellant;
    (c) Made of paper, wood, or breakable plastic, containing no 
substantial metal parts and weighing not more than 16 ounces, including 
the propellant; and
    (d) Operated in a manner that does not create a hazard to persons, 
property, or other aircraft.
    (4) Except as provided for in Sec. 101.7, any unmanned free balloon 
that--
    (i) Carries a payload package that weighs more than four pounds and 
has a weight/size ratio of more than three ounces per square inch on any 
surface of the package, determined by dividing the total weight in 
ounces of the payload package by the area in square inches of its 
smallest surface;
    (ii) Carries a payload package that weighs more than six pounds;
    (iii) Carries a payload, of two or more packages, that weighs more 
than 12 pounds; or
    (iv) Uses a rope or other device for suspension of the payload that 
requires an impact force of more than 50 pounds to separate the 
suspended payload from the balloon.
    (b) For the purposes of this part, a gyroglider attached to a 
vehicle on the surface of the earth is considered to be a kite.

[Doc. No. 1580, 28 FR 6721, June 29, 1963, as amended by Amdt. 101-1, 29 
FR 46, Jan. 3, 1964; Amdt. 101-3, 35 FR 8213, May 26, 1970]



Sec. 101.3   Waivers.

    No person may conduct operations that require a deviation from this 
part except under a certificate of waiver issued by the Administrator.

[Doc. No. 1580, 28 FR 6721, June 29, 1963]



Sec. 101.5   Operations in prohibited or restricted areas.

    No person may operate a moored balloon, kite, unmanned rocket, or 
unmanned free balloon in a prohibited or restricted area unless he has 
permission from the using or controlling agency, as appropriate.

[Doc. No. 1457, 29 FR 46, Jan. 3, 1964]

[[Page 287]]



Sec. 101.7   Hazardous operations.

    (a) No person may operate any moored balloon, kite, unmanned rocket, 
or unmanned free balloon in a manner that creates a hazard to other 
persons, or their property.
    (b) No person operating any moored balloon, kite, unmanned rocket, 
or unmanned free balloon may allow an object to be dropped therefrom, if 
such action creates a hazard to other persons or their property.

(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 12800, 39 FR 22252, June 21, 1974]



                  Subpart B--Moored Balloons and Kites

    Source: Docket No. 1580, 28 FR 6722, June 29, 1963, unless otherwise 
noted.



Sec. 101.11   Applicability.

    This subpart applies to the operation of moored balloons and kites. 
However, a person operating a moored balloon or kite within a restricted 
area must comply only with Sec. 101.19 and with additional limitations 
imposed by the using or controlling agency, as appropriate.



Sec. 101.13   Operating limitations.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a moored balloon or kite--
    (1) Less than 500 feet from the base of any cloud;
    (2) More than 500 feet above the surface of the earth;
    (3) From an area where the ground visibility is less than three 
miles; or
    (4) Within five miles of the boundary of any airport.
    (b) Paragraph (a) of this section does not apply to the operation of 
a balloon or kite below the top of any structure and within 250 feet of 
it, if that shielded operation does not obscure any lighting on the 
structure.



Sec. 101.15   Notice requirements.

    No person may operate an unshielded moored balloon or kite more than 
150 feet above the surface of the earth unless, at least 24 hours before 
beginning the operation, he gives the following information to the FAA 
ATC facility that is nearest to the place of intended operation:
    (a) The names and addresses of the owners and operators.
    (b) The size of the balloon or the size and weight of the kite.
    (c) The location of the operation.
    (d) The height above the surface of the earth at which the balloon 
or kite is to be operated.
    (e) The date, time, and duration of the operation.



Sec. 101.17   Lighting and marking requirements.

    (a) No person may operate a moored balloon or kite, between sunset 
and sunrise unless the balloon or kite, and its mooring lines, are 
lighted so as to give a visual warning equal to that required for 
obstructions to air navigation in the FAA publication ``Obstruction 
Marking and Lighting''.
    (b) No person may operate a moored balloon or kite between sunrise 
and sunset unless its mooring lines have colored pennants or streamers 
attached at not more than 50 foot intervals beginning at 150 feet above 
the surface of the earth and visible for at least one mile.

(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt. 101-4, 39 
FR 22252, June 21, 1974]



Sec. 101.19   Rapid deflation device.

    No person may operate a moored balloon unless it has a device that 
will automatically and rapidly deflate the balloon if it escapes from 
its moorings. If the device does not function properly, the operator 
shall immediately notify the nearest ATC facility of the location and 
time of the escape and the estimated flight path of the balloon.



                       Subpart C--Unmanned Rockets



Sec. 101.21   Applicability.

    This subpart applies to the operation of unmanned rockets. However, 
a person operating an unmanned rocket within a restricted area must 
comply only with Sec. 101.23(g) and with additional

[[Page 288]]

limitations imposed by the using or controlling agency, as appropriate.

[Doc. No. 1580, 28 FR 6722, June 29, 1963]



Sec. 101.22  Special provisions for large model rockets.

    Persons operating model rockets that use not more than 125 grams of 
propellant; that are made of paper, wood, or breakable plastic; that 
contain no substantial metal parts, and that weigh not more than 1,500 
grams, including the propellant, need not comply with Sec. 101.23 (b), 
(c), (g), and (h), provided:
    (a) That person complies with all provisions of Sec. 101.25; and
    (b) The operation is not conducted within 5 miles of an airport 
runway or other landing area unless the information required in 
Sec. 101.25 is also provided to the manager of that airport.

[Amdt. 101-6, 59 FR 50393, Oct. 3, 1994]



Sec. 101.23   Operating limitations.

    No person may operate an unmanned rocket--
    (a) In a manner that creates a collision hazard with other aircraft;
    (b) In controlled airspace;
    (c) Within five miles of the boundary of any airport;
    (d) At any altitude where clouds or obscuring phenomena of more than 
five-tenths coverage prevails;
    (e) At any altitude where the horizontal visibility is less than 
five miles;
    (f) Into any cloud;
    (g) Within 1,500 feet of any person or property that is not 
associated with the operations; or
    (h) Between sunset and sunrise.

(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt. 101-4, 39 
FR 22252, June 21, 1974]



Sec. 101.25   Notice requirements.

    No person may operate an unmanned rocket unless that person gives 
the following information to the FAA ATC facility nearest to the place 
of intended operation no less than 24 hours prior to and no more than 48 
hours prior to beginning the operation:
    (a) The names and addresses of the operators; except when there are 
multiple participants at a single event, the name and address of the 
person so designated as the event launch coordinator, whose duties 
include coordination of the required launch data estimates and 
coordinating the launch event;
    (b) The estimated number of rockets to be operated;
    (c) The estimated size and the estimated weight of each rocket; and
    (d) The estimated highest altitude or flight level to which each 
rocket will be operated.
    (e) The location of the operation.
    (f) The date, time, and duration of the operation.
    (g) Any other pertinent information requested by the ATC facility.

[Doc. No. 1580, 28 FR 6722, June 29, 1963, as amended by Amdt. 101-6, 59 
FR 50393, Oct. 3, 1994]



                    Subpart D--Unmanned Free Balloons

    Source: Docket No. 1457, 29 FR 47, Jan. 3, 1964, unless otherwise 
noted.



Sec. 101.31   Applicability.

    This subpart applies to the operation of unmanned free balloons. 
However, a person operating an unmanned free balloon within a restricted 
area must comply only with Sec. 101.33 (d) and (e) and with any 
additional limitations that are imposed by the using or controlling 
agency, as appropriate.



Sec. 101.33  Operating limitations.

    No person may operate an unmanned free balloon--
    (a) Unless otherwise authorized by ATC, below 2,000 feet above the 
surface within the lateral boundaries of the surface areas of Class B, 
Class C, Class D, or Class E airspace designated for an airport;
    (b) At any altitude where there are clouds or obscuring phenomena of 
more than five-tenths coverage;
    (c) At any altitude below 60,000 feet standard pressure altitude 
where the horizontal visibility is less than five miles;
    (d) During the first 1,000 feet of ascent, over a congested area of 
a city, town, or settlement or an open-air assembly of persons not 
associated with the operation; or

[[Page 289]]

    (e) In such a manner that impact of the balloon, or part thereof 
including its payload, with the surface creates a hazard to persons or 
property not associated with the operation.

[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101-5, 56 FR 
65662, Dec. 17, 1991]



Sec. 101.35   Equipment and marking requirements.

    (a) No person may operate an unmanned free balloon unless--
    (1) It is equipped with at least two payload cut-down systems or 
devices that operate independently of each other;
    (2) At least two methods, systems, devices, or combinations thereof, 
that function independently of each other, are employed for terminating 
the flight of the balloon envelope; and
    (3) The balloon envelope is equipped with a radar reflective 
device(s) or material that will present an echo to surface radar 
operating in the 200 MHz to 2700 MHz frequency range.

The operator shall activate the appropriate devices required by 
paragraphs (a) (1) and (2) of this section when weather conditions are 
less than those prescribed for operation under this subpart, or if a 
malfunction or any other reason makes the further operation hazardous to 
other air traffic or to persons and property on the surface.
    (b) No person may operate an unmanned free balloon below 60,000 feet 
standard pressure altitude between sunset and sunrise (as corrected to 
the altitude of operation) unless the balloon and its attachments and 
payload, whether or not they become separated during the operation, are 
equipped with lights that are visible for at least 5 miles and have a 
flash frequency of at least 40, and not more than 100, cycles per 
minute.
    (c) No person may operate an unmanned free balloon that is equipped 
with a trailing antenna that requires an impact force of more than 50 
pounds to break it at any point, unless the antenna has colored pennants 
or streamers that are attached at not more than 50 foot intervals and 
that are visible for at least one mile.
    (d) No person may operate between sunrise and sunset an unmanned 
free balloon that is equipped with a suspension device (other than a 
highly conspicuously colored open parachute) more than 50 feet along, 
unless the suspension device is colored in alternate bands of high 
conspicuity colors or has colored pennants or streamers attached which 
are visible for at least one mile.

(Sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No. 1457, 29 FR 47, Jan. 3, 1964, as amended by Amdt. 101-2, 32 FR 
5254, Mar. 29, 1967; Amdt. 101-4, 39 FR 22252, June 21, 1974]



Sec. 101.37   Notice requirements.

    (a) Prelaunch notice: Except as provided in paragraph (b) of this 
section, no person may operate an unmanned free balloon unless, within 6 
to 24 hours before beginning the operation, he gives the following 
information to the FAA ATC facility that is nearest to the place of 
intended operation:
    (1) The balloon identification.
    (2) The estimated date and time of launching, amended as necessary 
to remain within plus or minus 30 minutes.
    (3) The location of the launching site.
    (4) The cruising altitude.
    (5) The forecast trajectory and estimated time to cruising altitude 
or 60,000 feet standard pressure altitude, whichever is lower.
    (6) The length and diameter of the balloon, length of the suspension 
device, weight of the payload, and length of the trailing antenna.
    (7) The duration of flight.
    (8) The forecast time and location of impact with the surface of the 
earth.
    (b) For solar or cosmic disturbance investigations involving a 
critical time element, the information in paragraph (a) of this section 
shall be given within 30 minutes to 24 hours before beginning the 
operation.
    (c) Cancellation notice: If the operation is canceled, the person 
who intended to conduct the operation shall immediately notify the 
nearest FAA ATC facility.
    (d) Launch notice: Each person operating an unmanned free balloon 
shall notify the nearest FAA or military ATC facility of the launch time 
immediately after the balloon is launched.

[[Page 290]]



Sec. 101.39   Balloon position reports.

    (a) Each person operating an unmanned free balloon shall:
    (1) Unless ATC requires otherwise, monitor the course of the balloon 
and record its position at least every two hours; and
    (2) Forward any balloon position reports requested by ATC.
    (b) One hour before beginning descent, each person operating an 
unmanned free balloon shall forward to the nearest FAA ATC facility the 
following information regarding the balloon:
    (1) The current geographical position.
    (2) The altitude.
    (3) The forecast time of penetration of 60,000 feet standard 
pressure altitude (if applicable).
    (4) The forecast trajectory for the balance of the flight.
    (5) The forecast time and location of impact with the surface of the 
earth.
    (c) If a balloon position report is not recorded for any two-hour 
period of flight, the person operating an unmanned free balloon shall 
immediately notify the nearest FAA ATC facility. The notice shall 
include the last recorded position and any revision of the forecast 
trajectory. The nearest FAA ATC facility shall be notified immediately 
when tracking of the balloon is re-established.
    (d) Each person operating an unmanned free balloon shall notify the 
nearest FAA ATC facility when the operation is ended.



PART 103--ULTRALIGHT VEHICLES--Table of Contents




                           Subpart A--General

Sec.
103.1  Applicability.
103.3  Inspection requirements.
103.5  Waivers.
103.7  Certification and registration.

                       Subpart B--Operating Rules

103.9  Hazardous operations.
103.11  Daylight operations.
103.13  Operation near aircraft; right-of-way rules.
103.15  Operations over congested areas.
103.17  Operations in certain airspace.
103.19  Operations in prohibited or restricted areas.
103.20  Flight restrictions in the proximity of certain areas designated 
          by notice to airmen.
103.21  Visual reference with the surface.
103.23  Flight visibility and cloud clearance requirements.

    Authority: 49 U.S.C. 106(g), 40103-40104, 40113, 44701.

    Source: Docket No. 21631, 47 FR 38776, Sept. 2, 1982, unless 
otherwise noted.



                           Subpart A--General



Sec. 103.1  Applicability.

    This part prescribes rules governing the operation of ultralight 
vehicles in the United States. For the purposes of this part, an 
ultralight vehicle is a vehicle that:
    (a) Is used or intended to be used for manned operation in the air 
by a single occupant;
    (b) Is used or intended to be used for recreation or sport purposes 
only;
    (c) Does not have any U.S. or foreign airworthiness certificate; and
    (d) If unpowered, weighs less than 155 pounds; or
    (e) If powered:
    (1) Weighs less than 254 pounds empty weight, excluding floats and 
safety devices which are intended for deployment in a potentially 
catastrophic situation;
    (2) Has a fuel capacity not exceeding 5 U.S. gallons;
    (3) Is not capable of more than 55 knots calibrated airspeed at full 
power in level flight; and
    (4) Has a power-off stall speed which does not exceed 24 knots 
calibrated airspeed.



Sec. 103.3  Inspection requirements.

    (a) Any person operating an ultralight vehicle under this part 
shall, upon request, allow the Administrator, or his designee, to 
inspect the vehicle to determine the applicability of this part.
    (b) The pilot or operator of an ultralight vehicle must, upon 
request of the Administrator, furnish satisfactory evidence that the 
vehicle is subject only to the provisions of this part.



Sec. 103.5  Waivers.

    No person may conduct operations that require a deviation from this 
part

[[Page 291]]

except under a written waiver issued by the Administrator.



Sec. 103.7  Certification and registration.

    (a) Notwithstanding any other section pertaining to certification of 
aircraft or their parts or equipment, ultralight vehicles and their 
component parts and equipment are not required to meet the airworthiness 
certification standards specified for aircraft or to have certificates 
of airworthiness.
    (b) Notwithstanding any other section pertaining to airman 
certification, operators of ultralight vehicles are not required to meet 
any aeronautical knowledge, age, or experience requirements to operate 
those vehicles or to have airman or medical certificates.
    (c) Notwithstanding any other section pertaining to registration and 
marking of aircraft, ultralight vehicles are not required to be 
registered or to bear markings of any type.



                       Subpart B--Operating Rules



Sec. 103.9  Hazardous operations.

    (a) No person may operate any ultralight vehicle in a manner that 
creates a hazard to other persons or property.
    (b) No person may allow an object to be dropped from an ultralight 
vehicle if such action creates a hazard to other persons or property.



Sec. 103.11  Daylight operations.

    (a) No person may operate an ultralight vehicle except between the 
hours of sunrise and sunset.
    (b) Notwithstanding paragraph (a) of this section, ultralight 
vehicles may be operated during the twilight periods 30 minutes before 
official sunrise and 30 minutes after official sunset or, in Alaska, 
during the period of civil twilight as defined in the Air Almanac, if:
    (1) The vehicle is equipped with an operating anticollision light 
visible for at least 3 statute miles; and
    (2) All operations are conducted in uncontrolled airspace.



Sec. 103.13  Operation near aircraft; right-of-way rules.

    (a) Each person operating an ultralight vehicle shall maintain 
vigilance so as to see and avoid aircraft and shall yield the right-of-
way to all aircraft.
    (b) No person may operate an ultralight vehicle in a manner that 
creates a collision hazard with respect to any aircraft.
    (c) Powered ultralights shall yield the right-of-way to unpowered 
ultralights.



Sec. 103.15  Operations over congested areas.

    No person may operate an ultralight vehicle over any congested area 
of a city, town, or settlement, or over any open air assembly of 
persons.



Sec. 103.17  Operations in certain airspace.

    No person may operate an ultralight vehicle within Class A, Class B, 
Class C, or Class D airspace or within the lateral boundaries of the 
surface area of Class E airspace designated for an airport unless that 
person has prior authorization from the ATC facility having jurisdiction 
over that airspace.

[Amdt. 103-17, 56 FR 65662, Dec. 17, 1991]



Sec. 103.19  Operations in prohibited or restricted areas.

    No person may operate an ultralight vehicle in prohibited or 
restricted areas unless that person has permission from the using or 
controlling agency, as appropriate.



Sec. 103.20  Flight restrictions in the proximity of certain areas designated by notice to airmen.

    No person may operate an ultralight vehicle in areas designated in a 
Notice to Airmen under Sec. 91.143 or Sec. 91.141 of this chapter, 
unless authorized by ATC.

[Doc. No. 24454, 50 FR 4969, Feb. 5, 1985, as amended by Amdt. 103-3, 54 
FR 34331, Aug. 18, 1989]



Sec. 103.21  Visual reference with the surface.

    No person may operate an ultralight vehicle except by visual 
reference with the surface.



Sec. 103.23  Flight visibility and cloud clearance requirements.

    No person may operate an ultralight vehicle when the flight 
visibility or

[[Page 292]]

distance from clouds is less than that in the table found below. All 
operations in Class A, Class B, Class C, and Class D airspace or Class E 
airspace designated for an airport must receive prior ATC authorization 
as required in Sec. 103.17 of this part.

------------------------------------------------------------------------
                                                         Distance from  
            Airspace               Flight visibility        clouds      
------------------------------------------------------------------------
Class A.........................  Not applicable....  Not Applicable.   
Class B.........................  3 statute miles...  Clear of Clouds.  
Class C.........................  3 statute miles...  500 feet below.   
                                                      1,000 feet above. 
                                                      2,000 feet        
                                                       horizontal.      
Class D.........................  3 statute miles...  500 feet below.   
                                                      1,000 feet above. 
                                                      2,000 feet        
                                                       horizontal.      
Class E:                                                                
  Less than 10,000 feet MSL.....  3 statute miles...  500 feet below.   
                                                      1,000 feet above. 
                                                      2,000 feet        
                                                       horizontal.      
  At or above 10,000 feet MSL...  5 statute miles...  1,000 feet below. 
                                                      1,000 feet above. 
                                                      1 statute mile    
                                                       horizontal.      
Class G:                                                                
  1,200 feet or less above the    1 statute mile....  Clear of clouds.  
   surface (regardless of MSL                                           
   altitude).                                                           
  More than 1,200 feet above the  1 statute mile....  500 feet below.   
   surface but less than 10,000                       1,000 feet above. 
   feet MSL.                                          2,000 feet        
                                                       horizontal.      
  More than 1,200 feet above the  5 statute miles...  1,000 feet below. 
   surface and at or above                            1,000 feet above. 
   10,000 feet MSL.                                   1 statute mile    
                                                       horizontal.      
------------------------------------------------------------------------


[Amdt. 103-17, 56 FR 65662, Dec. 17, 1991]



PART 105--PARACHUTE JUMPING--Table of Contents




                           Subpart A--General

Sec.
105.1  Applicability.

                       Subpart B--Operating Rules

105.11  Applicability.
105.13  General.
105.14  Radio equipment and use requirements.
105.15  Jumps over or into congested areas or open air assembly of 
          persons.
105.17  Jumps over or onto airports.
105.19  Jumps in or into Class A, Class B, Class C, and Class D 
          airspace.
105.23  Jumps in or into other airspace.
105.25  Information required, and notice of cancellation or postponement 
          of jump.
105.27  Jumps over or within restricted or prohibited areas.
105.29  Flight visibility and clearance from clouds requirements.
105.33  Parachute jumps between sunset and sunrise.
105.35  Liquor and drugs.
105.37  Inspections.

                     Subpart C--Parachute Equipment

105.41  Applicability.
105.43  Parachute equipment and packing requirements.

    Authority: 49 U.S.C. 106(g), 40113-40114, 44701-44702, 44721.

    Source: Docket No. 1491, 27 FR 11636, Nov. 27, 1962, unless 
otherwise noted.



                           Subpart A--General



Sec. 105.1   Applicability.

    (a) This part prescribes rules governing parachute jumps made in the 
United States except parachute jumps necessary because of an inflight 
emergency.
    (b) For the purposes of this part, a parachute jump means the 
descent of a person, to the surface from an aircraft in flight, when he 
intends to use, or uses, a parachute during all or part of that descent.



                       Subpart B--Operating Rules



Sec. 105.11   Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this subpart prescribes operating rules governing parachute jumps to 
which this part applies.
    (b) This subpart does not apply to a parachute jump necessary to 
meet an emergency on the surface, when it is made at the direction, or 
with the approval, of an agency of the United States, or of a State, 
Puerto Rico, the District of Columbia, or a possession of the United 
States, or of a political subdivision of any of them.
    (c) Sections 105.13 through 105.17 and Secs. 105.27 through 105.37 
of this subpart do not apply to a parachute jump made by a member of an 
Armed Force:
    (1) Over or within a restricted area when that area is under the 
control of an Armed Force; or

[[Page 293]]

    (2) In military operations in uncontrolled airspace.
    (d) Section 105.23 does not apply to a parachute jump made by a 
member of an Armed Force within a restricted area that extends upward 
from the surface when that area is under the control of an Armed Force.

[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Amdt. 105-4, 
33 FR 11901, Aug. 22, 1968]



Sec. 105.13   General.

    No person may make a parachute jump, and no pilot in command of an 
aircraft may allow a parachute jump to be made from that aircraft, if 
that jump creates a hazard to air traffic or to persons or property on 
the surface.



Sec. 105.14   Radio equipment and use requirements.

    (a) Except when otherwise authorized by ATC--
    (1) No person may make a parachute jump, and no pilot in command of 
an aircraft may allow a parachute jump to be made from that aircraft, in 
or into controlled airspace unless, during that flight--
    (i) The aircraft is equipped with a functioning two-way radio 
communications system appropriate to the ATC facilities to be used;
    (ii) Radio communications have been established between the aircraft 
and the nearest FAA air traffic control facility or FAA flight service 
station at least 5 minutes before the jumping activity is to begin, for 
the purpose of receiving information in the aircraft about known air 
traffic in the vicinity of the jumping activity; and
    (iii) The information described in paragraph (a)(1)(ii) of this 
section has been received by the pilot in command and the jumpers in 
that flight; and
    (2) The pilot in command of an aircraft used for any jumping 
activity in or into controlled airspace shall, during each flight--
    (i) Maintain or have maintained a continuous watch on the 
appropriate frequency of the aircraft's radio communications system from 
the time radio communications are first established between the aircraft 
and ATC, until he advises ATC that the jumping activity is ended from 
that flight; and
    (ii) Advise ATC that the jumping activity is ended for that flight 
when the last parachute jumper from the aircraft reaches the ground.
    (b) If, during any flight, the required radio communications system 
is or becomes inoperative, any jumping activity from the aircraft in or 
into controlled airspace shall be abandoned. However, if the 
communications system becomes inoperative in flight after receipt of a 
required ATC authorization, the jumping activity from that flight may be 
continued.

[Doc. No. 7824, 31 FR 16612, Dec. 29, 1966]



Sec. 105.15   Jumps over or into congested areas or open air assembly of persons.

    (a) No person may make a parachute jump, and no pilot in command of 
an aircraft may allow a parachute jump to be made from that aircraft, 
over or into a congested area of a city, town, or settlement, or an open 
air assembly of person unless a certificate of authorization for that 
jump has been issued under this section. However, a parachutist may 
drift over that congested area or open air assembly with a fully 
deployed and properly functioning parachute if he is at a sufficient 
altitude to avoid creating a hazard to persons and property on the 
ground.
    (b) An application for a certificate of authorization issued under 
this section is made in a form and in a manner prescribed by the 
Administrator and must be submitted to the FAA Flight Standards District 
Office having jurisdiction over the area in which the parachute jump is 
to be made, at least 4 days before the day of that jump.
    (c) Each holder of a certificate of authorization issued under this 
section shall present that certificate for inspection upon the request 
of the Administrator, or any Federal, State, or local official.

[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962, as amended by Amdt. 105-1, 
29 FR 14920, Nov. 4, 1964; Amdt. 105-7, 43 FR 22641, May 25, 1978]



Sec. 105.17   Jumps over or onto airports.

    Unless prior approval has been given by the airport management, no 
person may make a parachute jump, and no pilot in command of an aircraft 
may

[[Page 294]]

allow a parachute jump to be made from that aircraft--
    (a) Over an airport that does not have a functioning control tower 
operated by the United States; or
    (b) Onto any airport.

However, a parachutist may drift over that airport with a fully deployed 
and properly functioning parachute if he is at least 2,000 feet above 
that airport's traffic pattern, and avoids creating a hazard to air 
traffic or to persons and property on the ground.

[Doc. No. 4057, 29 FR 14920, Nov. 4, 1964]



Sec. 105.19  Jumps in or into Class A, Class B, Class C, and Class D airspace.

    (a) No person may make a parachute jump, and no pilot in command may 
allow a parachute jump to be made from that aircraft, in or into Class 
A, Class B, Class C, and Class D airspace without, or in violation of, 
the terms of an ATC authorization issued under this section.
    (b) Each request for an authorization under this section must be 
submitted to the nearest FAA air traffic control facility or FAA flight 
service station and must include the information prescribed by 
Sec. 105.25(a).

[Amdt. 105-10, 56 FR 65658, Dec. 17, 1991]



Sec. 105.23   Jumps in or into other airspace.

    (a) No person may make a parachute jump, and no pilot in command of 
an aircraft may allow a parachute jump to be made from that aircraft, in 
or into airspace unless the nearest FAA air traffic control facility or 
FAA flight service station was notified of that jump at least 1 hour 
before the jump is to be made, but not more than 24 hours before the 
jumping is to be completed, and the notice contained the information 
prescribed in Sec. 105.25(a).
    (b) Notwithstanding paragraph (a) of this section, ATC may accept 
from a parachute jumping organization a written notification of a 
scheduled series of jumps to be made over a stated period of time not 
longer than 12 calendar months. The notification must contain the 
information prescribed by Sec. 105.25(a), identify the responsible 
persons associated with that jumping activity, and be submitted at least 
15 days, but not more than 30 days, before the jumping is to begin. ATC 
may revoke the acceptance of the notification for any failure of the 
jumping organization to comply with its terms.
    (c) This section does not apply to parachute jumps in or into any 
airspace or place described in Sec. 105.15, Sec. 105.19, or Sec. 105.21.

[Doc. No. 7824, 31 FR 16612, Dec. 29, 1966]



Sec. 105.25   Information required, and notice of cancellation or postponement of jump.

    (a) Each person requesting an authorization under Sec. 105.19 or 
Sec. 105.21, and each person submitting a notice under Sec. 105.23, must 
include the following information (on an individual or group basis) in 
that request or notice:
    (1) The date and time jumping will begin.
    (2) The size of the jump zone expressed in nautical mile radius 
around the target.
    (3) The location of the center of the jump zone in relation to--
    (i) The nearest VOR facility in terms of the VOR radial on which it 
is located, and its distance in nautical miles from the VOR facility 
when that facility is 30 nautical miles or less from the drop zone 
target; or
    (ii) The nearest airport, town, or city depicted on the appropriate 
Coast and Geodetic Survey WAC or Sectional Aeronautical chart, when the 
nearest VOR facility is more than 30 nautical miles from the drop zone 
target.
    (4) The altitudes above mean sea level at which jumping will take 
place.
    (5) The duration of the intended jump.
    (6) The name, address, and telephone number of the person requesting 
the authorization or giving notice.
    (7) The identification of the aircraft to be used.
    (8) The radio frequencies, if any, available in the aircraft.
    (b) Each person requesting an authorization under Sec. 105.19 or 
Sec. 105.21, and each person submitting a notice under Sec. 105.23, must 
promptly notify the FAA air traffic control facility or FAA

[[Page 295]]

flight service station from which it requested authorization or which it 
notified, if the proposed or scheduled jumping activity is canceled or 
postponed.

[Doc. No. 7824, 31 FR 16612, Dec. 29, 1966, as amended by Amdt. 105-6, 
41 FR 47229, Oct. 28, 1976; Amdt. 105-9, 51 FR 21907, June 17, 1986]



Sec. 105.27   Jumps over or within restricted or prohibited areas.

    No person may make a parachute jump, and no pilot in command may 
allow a parachute jump to be made from that aircraft, over or within a 
restricted area or prohibited area unless the controlling agency of the 
area concerned has authorized that jump.



Sec. 105.29   Flight visibility and clearance from clouds requirements.

    No person may make a parachute jump, and no pilot in command of an 
aircraft may allow a parachute jump to be made from that aircraft--
    (a) Into or through a cloud; or
    (b) When the flight visibility is less, or at a distance from clouds 
that is less, than that prescribed in the following table:

------------------------------------------------------------------------
                                        Flight                          
                                      visibility                        
              Altitude                 (statute    Distance from clouds 
                                        miles)                          
------------------------------------------------------------------------
(1) 1,200 feet or less above the               3  500 feet below. 1,000 
 surface regardless of the MSL                     feet above. 2,000    
 altitude.                                         feet horizontal.     
(2) More than 1,200 feet above the             3  500 feet below. 1,000 
 surface but less than 10,000 feet                 feet above. 2,000    
 MSL.                                              feet horizontal.     
(3) More than 1,200 feet above the             5  1,000 feet below.     
 surface and at or above 10,000 feet               1,000 feet above. 1  
 MSL.                                              mile horizontal.     
------------------------------------------------------------------------

[Doc. No. 9937, 36 FR 8775, May 13, 1971]



Sec. 105.33  Parachute jumps between sunset and sunrise.

    (a) No person may make a parachute jump, and no pilot in command of 
an aircraft may allow any person to make a parachute jump from that 
aircraft, between sunset and sunrise, unless that person is equipped 
with a means of producing a light visible for at least 3 statute miles.
    (b) Each person making a parachute jump between sunset and sunrise 
shall display the light required by paragraph (a) of this section from 
the time that person exits the aircraft until that person reaches the 
surface.

[Doc. No. 16383, 43 FR 22641, May 25, 1978]



Sec. 105.35   Liquor and drugs.

    No person may make a parachute jump while, and no pilot in command 
of an aircraft may allow a person to make a parachute jump from that 
aircraft if that person appears to be:
    (a) Under the influence of intoxicating liquor; or
    (b) Using any drug that affects his faculties in any way contrary to 
safety.



Sec. 105.37   Inspections.

    The Administrator may inspect (including inspections at the jump 
site), any parachute jump operation to which this part applies, to 
determine compliance with the regulations of this part.



                     Subpart C--Parachute Equipment



Sec. 105.41   Applicability.

    (a) Except as provided in paragraph (b) of this section, this 
subpart prescribes rules governing parachute equipment used in parachute 
jumps to which this part applies.
    (b) This subpart does not apply to a parachute jump made by a member 
of an Armed Force using parachute equipment of an Armed Force.



Sec. 105.43   Parachute equipment and packing requirements.

    (a) No person may make a parachute jump, and no pilot in command of 
an aircraft may allow any person to make a parachute jump from that 
aircraft, unless that person is wearing a single harness dual parachute 
pack, having at least one main parachute and one approved auxiliary 
parachute that are packed as follows:
    (1) The main parachute must have been packed by a certificated 
parachute rigger, or by the person making the jump, within 120 days 
before the date of its use.
    (2) The auxiliary must have been packed by a certificated and 
appropriately rated parachute rigger:
    (i) Within 120 days before the date of use, if its canopy, shroud, 
and harness are composed exclusively of nylon,

[[Page 296]]

rayon, or other similar synthetic fiber or material that is 
substantially resistant to damage from mold, mildew, or other fungi and 
other rotting agents propagated in a moist environment; or
    (ii) Within 60 days before the date of use, if it is composed in any 
amount of silk, pongee, or other natural fiber, or material not 
specified in paragraph (a)(2)(i) of this section.
    (b) No person may make a parachute jump using a static line attached 
to the aircraft and the main parachute unless an assist device, 
described and attached as follows, is used to aid the pilot chute in 
performing its function, or, if no pilot chute is used, to aid in the 
direct deployment of the main parachute canopy.
    (1) The assist device must be long enough to allow the container to 
open before a load is placed on the device.
    (2) The assist device must have a static load strength of--
    (i) At least 28 pounds but not more than 160 pounds, if it is used 
to aid the pilot chute in performing its function; or
    (ii) At least 56 pounds but not more than 320 pounds, if it is used 
to aid in the direct deployment of the main parachute canopy.
    (3) The assist device must be attached--
    (i) At one end, to the static line above the static line pins, or, 
if static pins are not used, above the static line ties to the parachute 
cone; and
    (ii) At the other end, to the pilot chute apex, bridle cord or 
bridle loop, or, if no pilot chute is used, to the main parachute 
canopy.
    (c) No person may attach an assist device required by paragraph (b) 
of this section to any main parachute unless he has a current parachute 
rigger certificate issued under part 65 of this chapter or is the person 
who makes the jump with that parachute.
    (d) For the purpose of this section, an approved parachute is:
    (1) A parachute manufactured under a type certificate or a technical 
standard order (C-23 series); or
    (2) A personnel-carrying military parachute (other than a high 
altitude, high-speed, or ejection kind) identified by an NAF, AAF, or AN 
drawing number, an AAF order number, or any other military designation 
or specification number.

[Doc. No. 1491, 27 FR 11636, Nov. 27, 1962 as amended by Amdt. 105-3, 33 
FR 8481 June 8, 1968; Amdt. 105-7, 43 FR 22641, May 25, 1978]



PART 107--AIRPORT SECURITY--Table of Contents




Sec.
107.1  Applicability and definitions.
107.2  Falsification.
107.3  Security program.
107.5  Approval of security program.
107.7  Changed conditions affecting security.
107.9  Amendment of security program by airport operator.
107.11  Amendment of security program by FAA.
107.13  Security of air operations area.
107.14  Access control system.
107.15  Law enforcement support.
107.17  Law enforcement officers.
107.19  Use of Federal law enforcement officers.
107.20  Submission to screening.
107.21  Carriage of an explosive, incendiary, or deadly or dangerous 
          weapon.
107.23  Records.
107.25  Airport identification media.
107.27  Evidence of compliance.
107.29  Airport Security Coordinator.
107.31  Access investigation.

    Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701-44702, 44706, 
44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.



Sec. 107.1  Applicability and definitions.

    (a) This part prescribes aviation security rules governing--
    (1) The operation of each airport regularly serving the scheduled 
passenger operations of a certificate holder required to have a security 
program by Sec. 108.5(a) of this chapter;
    (2) The operation of each airport regularly serving scheduled 
passenger operations of a foreign air carrier required to have a 
security program by Sec. 129.25 of this chapter;
    (3) Each person who is in or entering a sterile area on an airport 
described in paragraph (a)(1) or (a)(2) of this section; and
    (4) Each person who files an application or makes entries into any 
record or report that is kept, made, or used to show compliance under 
this part, or to exercise any privileges under this part.
    (b) For purposes of this part--

[[Page 297]]

    (1) Airport operator means a person who operates an airport 
regularly serving scheduled passenger operations of a certificate holder 
or a foreign air carrier required to have a security program by 
Sec. 108.5(a) or Sec. 129.25 of this chapter;
    (2) Air Operations Area means a portion of an airport designed and 
used for landing, taking off, or surface maneuvering of airplanes;
    (3) Escort means to accompany or supervise an individual who does 
not have unescorted access authority to areas restricted for security 
purposes, as identified in the airport security program, in a manner 
sufficient to take action should the individual engage in activities 
other than those for which the escorted access is granted. The 
responsive actions can be taken by the escort or other authorized 
individual.
    (4) Exclusive area means that part of an air operations area for 
which an air carrier has agreed in writing with the airport operator to 
exercise exclusive security responsibility under an approved security 
program or a security program used in accordance with Sec. 129.25;
    (5) Law enforcement officer means an individual who meets the 
requirements of Sec. 107.17; and
    (6) Sterile area means an area to which access is controlled by the 
inspection of persons and property in accordance with an approved 
security program or a security program used in accordance with 
Sec. 129.25.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-1, 
46 FR 3785, Jan. 15, 1981; Amdt. 107-7, 60 FR 51867, Oct. 3, 1995; Amdt. 
107-9, 61 FR 64244, Dec. 3, 1996]



Sec. 107.2  Falsification.

    No person may make, or cause to be made, any of the following:
    (a) Any fraudulent or intentionally false statement in any 
application for any security program, access medium, or identification 
medium, or any amendment thereto, under this part.
    (b) Any fraudulent or intentionally false entry in any record or 
report that is kept, made, or used to show compliance with this part, or 
exercise any privileges under this part.
    (c) Any reproduction or alteration, for fraudulent purpose, of any 
report, record, security program, access medium, or identification 
medium issued under this part.

[Doc. No. 28745, 61 FR 64244, Dec. 3, 1996]



Sec. 107.3  Security program.

    (a) No airport operator may operate an airport subject to this part 
unless it adopts and carries out a security program that--
    (1) Provides for the safety of persons and property traveling in air 
transportation and intrastate air transportation against acts of 
criminal violence and aircraft piracy;
    (2) Is in writing and signed by the airport operator or any person 
to whom the airport operator has delegated authority in this matter;
    (3) Includes the items listed in paragraph (b), (f), or (g) of this 
section, as appropriate; and
    (4) Has been approved by the Director of Civil Aviation Security.
    (b) For each airport subject to this part regularly serving 
scheduled passenger operations conducted in airplanes having a passenger 
seating configuration (as defined in Sec. 108.3 of this section of this 
chapter) of more than 60 seats, the security program required by 
paragraph (a) of this section must include at least the following:
    (1) A description of each air operations area, including its 
dimensions, boundaries, and pertinent features.
    (2) A description of each area on or adjacent to, the airport which 
affects the security of any air operations area.
    (3) A description of each exclusive area, including its dimensions, 
boundaries, and pertinent features, and the terms of the agreement 
establishing the area.
    (4) The procedures, and a description of the facilities and 
equipment, used to perform the control functions specified in 
Sec. 107.13(a) by the airport operator and by each air carrier having 
security responsibility over an exclusive area.
    (5) The procedures each air carrier having security responsibility 
over an exclusive area will use to notify the airport operator when the 
procedures, facilities, and equipment it uses are not adequate to 
perform the control functions described in Sec. 107.13(a).

[[Page 298]]

    (6) A description of the alternate security procedures, if any, that 
the airport operator intends to use in emergencies and other unusual 
conditions.
    (7) A description of the law enforcement support necessary to comply 
with Sec. 107.15.
    (8) A description of the training program for law enforcement 
officers required by Sec. 107.17.
    (9) A description of the system for maintaining the records 
described in Sec. 107.23.
    (c) The airport operator may comply with paragraph (b), (f), or (g) 
of this section by including in the security program as an appendix any 
document which contains the information required by paragraph (b), (f), 
or (g) of this section.
    (d) Each airport operator shall maintain at least one complete copy 
of its approved security program at its principal operations office, and 
shall make it available for inspection upon the request of any Civil 
Aviation Security Special Agent.
    (e) Each airport operator shall restrict the distribution, 
disclosure, and availability of information contained in the security 
program to those persons with an operational need-to-know and shall 
refer requests for such information by other than those persons to the 
Director of Civil Aviation Security of the FAA.
    (f) For each airport subject to this part regularly serving 
scheduled passenger operations conducted in airplanes having a passenger 
seating configuration (as defined in Sec. 10.3 of this chapter) of more 
than 30 but less than 61 seats, the security program required by 
paragraph (a) of this section must include at least the following:
    (1) A description of the law enforcement support necessary to comply 
with Sec. 107.15(b), and the procedures which the airport operator has 
arranged to be used by the certificate holder or foreign air carrier to 
summon that support.
    (2) A description of the training program for law enforcement 
officers required by Sec. 107.17.
    (3) A description of the system for maintaining the records 
described in Sec. 107.23.
    (g) For each airport subject to this part where the certificate 
holder or foreign air carrier is required to conduct passenger screening 
under a security program required by Sec. 108.5(a) (2) or (3) or 
Sec. 129.25(b) (2) or (3) of this chapter, or conducts screening under a 
security program being carried out pursuant to Sec. 108.5(b), as 
appropriate, the security program required by paragraph (a) of this 
section must include at least the following:
    (1) A description of the law enforcement support necessary to comply 
with Sec. 107.15.
    (2) A description of the training program for law enforcement 
officers required by Sec. 107.17.
    (3) A description of the system for maintaining the records 
described in Sec. 107.23.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-1, 
46 FR 3785, Jan. 15, 1981; Amdt. 107-5, 54 FR 28765, July 7, 1989]



Sec. 107.5  Approval of security program.

    (a) Unless a shorter period is allowed by the Director of Civil 
Aviation Security, each airport operator seeking initial approval of a 
security program for an airport subject to this part shall submit the 
proposed program to the Director of Civil Aviation Security at least 90 
days before any scheduled passenger operations are expected to begin by 
any certificate holder or permit holder to whom Sec. 121.538 or 
Sec. 129.25 of this chapter applies.
    (b) Within 30 days after receipt of a proposed security program, the 
Director of Civil Aviation Security either approves the program or gives 
the airport operator written notice to modify the program to make it 
conform to the applicable requirements of this part.
    (c) After receipt of a notice to modify, the airport operator may 
either submit a modified security program or petition the Administrator 
to reconsider the notice to modify. A petition for reconsideration must 
be filed with the Director of Civil Aviation Security.
    (d) Upon receipt of a petition for reconsideration, the Director of 
Civil Aviation Security reconsiders the notice to modify and either 
amends or withdraws the notice or transmits the petition, together with 
any pertinent

[[Page 299]]

information, to the Administrator for consideration.
    (e) After review of a petition for reconsideration, the 
Administrator disposes of the petition by either directing the Director 
of Civil Aviation Security to withdraw or amend the notice to modify, or 
by affirming the notice to modify.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-5, 
54 FR 28765, July 7, 1989]



Sec. 107.7  Changed conditions affecting security.

    (a) After approval of the security program, the airport operator 
shall follow the procedures prescribed in paragraph (b) of this section 
whenever it determines that any of the following changed conditions has 
occurred:
    (1) Any description of an airport area set out in the security 
program in accordance with Sec. 107.3(b) (1), (2), or (3) is no longer 
accurate.
    (2) The procedures included, and the facilities and equipment 
described, in the security program in accordance with Sec. 107.3(b) (4) 
and (5) are not adequate for the control functions described in 
Sec. 107.13(a).
    (3) The airport operator changes any alternate security procedures 
described in the security program in accordance with Sec. 107.3(b)(6).
    (4) The law enforcement support described in the security program in 
accordance with Sec. 107.3 (b)(7), (f)(1), or (g)(1) is not adequate to 
comply with Sec. 107.15.
    (5) Any changes to the designation of the Airport Security 
Coordinator (ASC) required under Sec. 107.29.
    (b) Whenever a changed condition described in paragraph (a) of this 
section occurs, the airport operator shall--
    (1) Immediately notify the FAA security office having jurisdiction 
over the airport of the changed condition, and identify each interim 
measure being taken to maintain adequate security until an appropriate 
amendment to the security program is approved; and
    (2) Within 30 days after notifying the FAA in accordance with 
paragraph (b)(1) of this section, submit for approval in accordance with 
Sec. 107.9 an amendment to the security program to bring it into 
compliance with this part.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-1, 
46 FR 3786, Jan. 15, 1981; 46 FR 36053, July 13, 1981; Amdt. 107-6, 56 
FR 41424, Aug. 20, 1991]



Sec. 107.9  Amendment of security program by airport operator.

    (a) An airport operator requesting approval of a proposed amendment 
to the security program shall submit the request to the Director of 
Civil Aviation Security. Unless a shorter period is allowed by the 
Director of Civil Aviation Security, the request must be submitted at 
least 30 days before the proposed effective date.
    (b) Within 15 days after receipt of a proposed amendment, the 
Director of Civil Aviation Security issues to the airport operator, in 
writing, either an approval or a denial of the request.
    (c) An amendment to a security program is approved if the Director 
of Civil Aviation Security determines that--
    (1) Safety and the public interest will allow it, and
    (2) The proposed amendment provides the level of security required 
by Sec. 107.3.
    (d) After denial of a request for an amendment the airport operator 
may petition the Administrator to reconsider the denial. A petition for 
reconsideration must be filed with the Director of Civil Aviation 
Security.
    (e) Upon receipt of a petition for reconsideration the Director of 
Civil Aviation Security reconsiders the denial and either approves the 
proposed amendment or transmits the petition, together with any 
pertinent information, to the Administrator for consideration.
    (f) After review of a petition for reconsideration, the 
Administrator disposes of the petition by either directing the Director 
of Civil Aviation Security to approve the proposed amendment or 
affirming the denial.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-5, 
54 FR 28765, July 7, 1989]



Sec. 107.11  Amendment of security program by FAA.

    (a) The Administrator or Director of Civil Aviation Security may 
amend an

[[Page 300]]

approved security program for an airport, if it is determined that 
safety and the public interest require the amendment.
    (b) Except in an emergency as provided in paragraph (f) of this 
section, when the Administrator or the Director of Civil Aviation 
Security proposes to amend a security program, a notice of the proposed 
amendment is issued to the airport operator, in writing, fixing a period 
of not less than 30 days within which the airport operator may submit 
written information, views, and arguments on the amendment. After 
considering all relevant material, including that submitted by the 
airport operator, the Administrator or the Director of Civil Aviation 
Security either rescinds the notice or notifies the airport operator in 
writing of any amendment adopted, specifying an effective date not less 
than 30 days after receipt of the notice of amendment by the airport 
operator.
    (c) After receipt of a notice of amendment from a Director of Civil 
Aviation Security, the airport operator may petition the Administrator 
to reconsider the amendment. A petition for reconsideration must be 
filed with the Director of Civil Aviation Security. Except in an 
emergency as provided in paragraph (f) of this section, a petition for 
reconsideration stays the amendment until the Administrator takes final 
action on the petition.
    (d) Upon receipt of a petition for reconsideration, the Director of 
Civil Aviation Security reconsiders the amendment and either rescinds or 
modifies the amendment or transmits the petition, together with any 
pertinent information, to the Administrator for consideration.
    (e) After review of a petition for reconsideration, the 
Administrator disposes of the petition by directing the Director of 
Civil Aviation Security to rescind the notice of amendment or to issue 
the amendment as proposed or in modified form.
    (f) If the Administrator or the Director of Civil Aviation Security 
finds that there is an emergency requiring immediate action that makes 
the procedure in paragraph (b) of this section impracticable or contrary 
to the public interest, an amendment may be issued effective without 
stay on the date the airport operator receives notice of it. In such a 
case, the Administrator or the Director of Civil Aviation Security 
incorporates in the notice of the amendment the finding, including a 
brief statement of the reasons for the emergency and the need for 
emergency action.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-5, 
54 FR 28765, July 7, 1989]



Sec. 107.13  Security of air operations area.

    (a) Except as provided in paragraph (b) of this section, each 
operator of an airport serving scheduled passenger operations where the 
certificate holder or foreign air carrier is required to conduct 
passenger screening under a program required by Sec. 108.5(a)(1) or 
Sec. 129.25(b)(1) of this chapter as appropriate shall use the 
procedures included, and the facilities and equipment described, in its 
approved security program, to perform the following control functions:
    (1) Controlling access to each air operations area, including 
methods for preventing the entry of unauthorized persons and ground 
vehicles.
    (2) Controlling movement of persons and ground vehicles within each 
air operations area, including, when appropriate, requirements for the 
display of identification.
    (3) Promptly detecting and taking action to control each 
penetration, or attempted penetration, of an air operations area by a 
person whose entry is not authorized in accordance with the security 
program.
    (b) An airport operator need not comply with paragraph (a) of this 
section with respect to an air carrier's exclusive area, if the airport 
operator's security program contains--
    (1) Procedures, and a description of the facilities and equipment, 
used by the air carrier to perform the control functions described in 
paragraph (a) of this section; and
    (2) Procedures by which the air carrier will notify the airport 
operator when its procedures, facilities, and equipment are not adequate 
to perform

[[Page 301]]

the control functions described in paragraph (a) of this section.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-1, 
46 FR 3786, Jan. 15, 1981; Amdt. 107-2, 47 FR 13316, Mar. 29, 1982]



Sec. 107.14  Access control system.

    (a) Except as provided in paragraph (b) of this section, each 
operator of an airport regularly serving scheduled passenger operations 
conducted in airplanes having a passenger seating configuration (as 
defined in Sec. 108.3 of this chapter) of more than 60 seats shall 
submit to the Director of Civil Aviation Security, for approval and 
inclusion in its approved security program, an amendment to provide for 
a system, method, or procedure which meets the requirements specified in 
this paragraph for controlling access to secured areas of the airport. 
The system, method, or procedure shall ensure that only those persons 
authorized to have access to secured areas by the airport operator's 
security program are able to obtain that access and shall specifically 
provide a means to ensure that such access is denied immediately at the 
access point or points to individuals whose authority to have access 
changes. The system, method, or procedure shall provide a means to 
differentiate between persons authorized to have access to only a 
particular portion of the secured areas and persons authorized to have 
access only to other portions or to the entire secured area. The system, 
method, or procedure shall be capable of limiting an individual's access 
by time and date.
    (b) The Director of Civil Aviation Security will approve an 
amendment to an airport operator's security program that provides for 
the use of an alternative system, method, or procedure if, in the 
Director's judgment, the alternative would provide an overall level of 
security equal to that which would be provided by the system, method, or 
procedure described in paragraph (a) of this section.
    (c) Each airport operator shall submit the amendment to its approved 
security program required by paragraph (a) or (b) of this section 
according to the following schedule:
    (1) By August 8, 1989, or by 6 months after becoming subject to this 
section, whichever is later, for airports where at least 25 million 
persons are screened annually or airports that have been designated by 
the Director of Civil Aviation Security. The amendment shall specify 
that the system, method, or procedure must be fully operational within 
18 months after the date on which an airport operator's amendment to its 
approved security program is approved by the Director of Civil Aviation 
Security.
    (2) By August 8, 1989, or by 6 months after becoming subject to this 
section, whichever is later, for airports where more than 2 million 
persons are screened annually. The amendment shall specify that the 
system, method, or procedure must be fully operational within 24 months 
after the date on which an airport operator's amendment to its approved 
security program is approved by the Director of Civil Aviation Security.
    (3) By February 8, 1990, or by 12 months after becoming subject to 
this section, whichever is later, for airports where at least 500,000 
but not more than 2 million persons are screened annually. The amendment 
shall specify that the system, method, or procedure must be fully 
operational within 30 months after the date on which an airport 
operator's amendment to its approved security program is approved by the 
Director of Civil Aviation Security.
    (4) By February 8, 1990, or by 12 months after becoming subject to 
this section, whichever is later, for airports where less than 500,000 
persons are screened annually. The amendment shall specify that the 
system, method, or procedure must be fully operational within 30 months 
after the date on which an airport operator's amendment to its approved 
security program is approved by the Director of Civil Aviation Security.
    (d) Notwithstanding paragraph (c) of this section, an airport 
operator of a newly constructed airport commencing initial operation 
after December 31, 1990, as an airport subject to paragraph (a) of this 
section, shall include as part of its original airport security program 
to be submitted to the FAA for approval a fully operational system,

[[Page 302]]

method, or procedure in accordance with this section.

[Doc. No. 25568, 54 FR 588, Jan. 6, 1989]



Sec. 107.15  Law enforcement support.

    (a) Each airport operator shall provide law enforcement officers in 
the number and in a manner adequate to support--
    (1) Its security program; and
    (2) Each passenger screening system required by part 108 or 
Sec. 129.25 of this chapter.
    (b) For scheduled or public charter passenger operations with 
airplanes having a passenger seating configuration (as defined in 
Sec. 108.3 of this chapter) of more than 30 but less than 61 seats for 
which a passenger screening system is not required, each airport 
operator shall ensure that law enforcement officers are available and 
committed to respond to an incident at the request of a certificate 
holder or foreign air carrier and shall ensure that the request 
procedures are provided to the certificate holder or foreign air 
carrier.

[Doc No. 108, 46 FR 3786, Jan. 15, 1981]



Sec. 107.17  Law enforcement officers.

    (a) No airport operator may use, or arrange for response by, any 
person as a required law enforcement officer unless, while on duty on 
the airport, the officer--
    (1) Has the arrest, authority described in paragraph (b) of this 
section;
    (2) Is readily identifiable by uniform and displays or carries a 
badge or other indicia of authority;
    (3) Is armed with a firearm and authorized to use it; and
    (4) Has completed a training program that meets the requirements in 
paragraph (c) of this section.
    (b) The law enforcement officer must, while on duty on the airport, 
have the authority to arrest, with or without a warrant, for the 
following violations of the criminal laws of the State and local 
jurisdictions in which the airport is located:
    (1) A crime committed in the officer's presence.
    (2) A felony, when the officer has reason to believe that the 
suspect has committed it.
    (c) The training program required by paragraph (a)(4) of this 
section must provide training in the subjects specified in paragraph (d) 
of this section and either--
    (1) Meet the training standards, if any, prescribed by either the 
State or the local jurisdiction in which the airport is located, for law 
enforcement officers performing comparable functions; or
    (2) If the State and local jurisdictions in which the airport is 
located do not prescribe training standards for officers performing 
comparable functions, be acceptable to the Administrator.
    (d) The training program required by paragraph (a)(4) of this 
section must include training in--
    (1) The use of firearms;
    (2) The courteous and efficient treatment of persons subject to 
inspection, detention, search, arrest, and other aviation security 
activities;
    (3) The responsibilities of a law enforcement officer under the 
airport operator's approved security program; and
    (4) Any other subject the Administrator determines is necessary.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-1, 
46 FR 3786, Jan. 15, 1981]



Sec. 107.19  Use of Federal law enforcement officers.

    (a) Whenever State, local, and private law enforcement officers who 
meet the requirements of Sec. 107.17 are not available in sufficient 
numbers to meet the requirements of Sec. 107.15, the airport operator 
may request that the Administrator authorize it to use Federal law 
enforcement officers.
    (b) Each request for the use of Federal law enforcement officers 
must be accompanied by the following information:
    (1) The number of passengers enplaned at the airport during the 
preceding calendar year and the current calendar year as of the date of 
the request.
    (2) The anticipated risk of criminal violence and aircraft piracy at 
the airport and to the air carrier aircraft operations at the airport.
    (3) A copy of that portion of the airport operator's security 
program which

[[Page 303]]

describes the law enforcement support necessary to comply with 
Sec. 107.15.
    (4) The availability of State, local, and private law enforcement 
officers who meet the requirements of Sec. 107.17, including a 
description of the airport operator's efforts to obtain law enforcement 
support from State, local, and private agencies and the responses of 
those agencies.
    (5) The airport operator's estimate of the number of Federal law 
enforcement officers needed to supplement available officers and the 
period of time for which they are needed.
    (6) A statement acknowledging responsibility for providing 
reimbursement for the cost of providing Federal law enforcement 
officers.
    (7) Any other information the Administrator considers necessary.
    (c) In response to a request submitted in accordance with this 
section, the Administrator may authorize, on a reimbursable basis, the 
use of law enforcement officers employed by the FAA or by any other 
Federal agency, with the consent of the head of that agency.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978]



Sec. 107.20  Submission to screening.

    No person may enter a sterile area without submitting to the 
screening of his or her person and property in accordance with the 
procedures being applied to control access to that area under Sec. 108.9 
or Sec. 129.25 of this chapter.

[Doc. No. 24883, 51 FR 1352, Jan. 10, 1986]



Sec. 107.21  Carriage of an explosive, incendiary, or deadly or dangerous weapon.

    (a) Except as provided in paragraph (b) of this section, no person 
may have an explosive, incendiary, or deadly or dangerous weapon on or 
about the individual's person or accessible property--
    (1) When performance has begun of the inspection of the individual's 
person or accessible property before entering a sterile area; and
    (2) When entering or in a sterile area.
    (b) The provisions of this section with respect to firearms do not 
apply to the following:
    (1) Law enforcement officers required to carry a firearm by this 
part while on duty on the airport.
    (2) Persons authorized to carry a firearm in accordance with 
Sec. 108.11 or Sec. 129.27.
    (3) Persons authorized to carry a firearm in a sterile area under an 
approved security program or a security program used in accordance with 
Sec. 129.25.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-3, 
51 FR 1352, Jan. 10, 1986]



Sec. 107.23  Records.

    (a) Each airport operator shall ensure that--
    (1) A record is made of each law enforcement action taken in 
furtherance of this part;
    (2) The record is maintained for a minimum of 90 days; and
    (3) It is made available to the administrator upon request.
    (b) Data developed in response to paragraph (a) of this section must 
include at least the following:
    (1) The number and type of firearms, explosives, and incendiaries 
discovered during any passenger screening process, and the method of 
detection of each.
    (2) The number of acts and attempted acts of air piracy.
    (3) The number of bomb threats received, real and simulated bombs 
found, and actual bombings on the airport.
    (4) The number of detentions and arrests, and the immediate 
disposition of each person detained or arrested.

[Doc. No. 16245, 43 FR 60792, Dec. 28, 1978, as amended by Amdt. 107-3, 
51 FR 1352, Jan. 10, 1986]



Sec. 107.25   Airport identification media.

    (a) As used in this section, security identification display area 
means any area identified in the airport security program as requiring 
each person to continuously display on their outermost garment, an 
airport-approved identification medium unless under airport-approved 
escort.
    (b) After January 1, 1992, an airport operator may not issue to any 
person any identification media that provides

[[Page 304]]

unescorted access to any security identification display area unless the 
person has successfully completed training in accordance with an FAA-
approved curriculum specified in the security program.
    (c) By October 1, 1992, not less than 50 percent of all individuals 
possessing airport-issued identification that provides unescorted access 
to any security identification display area at that airport shall have 
been trained in accordance with an FAA-approved curriculum specified in 
the security program.
    (d) After May 1, 1993, an airport operator may not permit any person 
to possess any airport-issued identification medium that provides 
unescorted access to any security identification display area at that 
airport unless the person has successfully completed FAA-approved 
training in accordance with a curriculum specified in the security 
program.
    (e) The curriculum specified in the security program shall detail 
the methods of instruction, provide attendees the opportunity to ask 
questions, and include at least the following topics:
    (1) Control, use, and display of airport-approved identification or 
access media;
    (2) Challenge procedures and the law enforcement response which 
supports the challenge procedure;
    (3) Restrictions on divulging information concerning an act of 
unlawful interference with civil aviation if such information is likely 
to jeopardize the safety of domestic or international aviation;
    (4) Non-disclosure of information regarding the airport security 
system or any airport tenant's security systems; and
    (5) Any other topics deemed necessary by the Assistant Administrator 
for Civil Aviation Security.
    (f) No person may use any airport-approved identification medium 
that provides unescorted access to any security identification display 
area to gain such access unless that medium was issued to that person by 
the appropriate airport authority or other entity whose identification 
is approved by the airport operator.
    (g) The airport operator shall maintain a record of all training 
given to each person under this section until 180 days after the 
termination of that person's unescorted access privileges.

[Doc. No. 26522, 56 FR 41424, Aug. 20, 1991]



Sec. 107.27   Evidence of compliance.

    On request of the Assistant Administrator for Civil Aviation 
Security, each airport operator shall provide evidence of compliance 
with this part and its approved security program.

[Doc. No. 26522, 56 FR 41424, Aug. 20, 1991]



Sec. 107.29   Airport Security Coordinator.

    Each airport operator shall designate an Airport Security 
Coordinator (ASC) in its security program. The designation shall include 
the name of the ASC, and a description of the means by which to contact 
the ASC on a 24-hour basis. The ASC shall serve as the airport 
operator's primary contact for security-related activities and 
communications with FAA, as set forth in the security program.

[Doc. No. 26522, 56 FR 41425, Aug. 20, 1991]



Sec. 107.31  Access Investigation.

    (a) On or after January 31, 1996, this section applies to all 
individuals seeking authorization for, or seeking authority to authorize 
others to have, unescorted access privileges to the security 
identification display area (SIDA) that is identified in the airport 
security program as defined by Sec. 107.25.
    (b) Except as provided in paragraph (e) of this section, each 
airport operator must ensure that no individual is granted authorization 
for, or is granted authority to authorize others to have, unescorted 
access to the area identified in paragraph (a) of this section unless:
    (1) The individual has satisfactorily undergone a review covering 
the past 10 years of employment history and verification of the 5 years 
preceding the date the access investigation is initiated as provided in 
paragraph (c) of this section; and
    (2) The results of the access investigation do not disclose that the 
individual has been convicted or found not guilty by reason of insanity, 
in any jurisdiction, during the 10 years ending on the date of such 
investigation, of a crime involving any of the following crimes 
enumerated in paragraphs

[[Page 305]]

(b)(2)(i) through (xxv) of this section. Where specific citations are 
listed, both the current citation and the citation that applied before 
the statutes are recodified in 1994 are listed.
    (i) Forgery of certificates, false making of aircraft, and other 
aircraft registration violations, 49 U.S.C. 46306 [formerly 49 U.S.C. 
App. 1472 (b)];
    (ii) Interference with air navigation, 49 U.S.C. 46308, [formerly 49 
U.S.C. App 1472 (c)];
    (iii) Improper transportation of a hazardous material, 49 U.S.C. 
46312, [formerly 49 U.S.C. App 1472(b)(2)];
    (iv) Aircraft piracy, 49 U.S.C. 46502, [formerly 49 U.S.C. App 
1472(i);
    (v) Interference with flightcrew members or flight attendants, 49 
U.S.C. 46504, [formerly 49 U.S.C. App 1472(j)];
    (vi) Commission of certain crimes aboard aircraft in flight, 49 
U.S.C. 46506, [formerly 49 U.S.C. App 1472(k)];
    (vii) Carrying a weapon or explosive aboard an aircraft, 49 U.S.C. 
46505 [formerly 49 U.S.C. App 1472(l)];
    (viii) Conveying false information and threats, 49 U.S.C. 49 46507 
[formerly 49 U.S.C. App 1472 (m)];
    (ix) Aircraft piracy outside the special aircraft jurisdiction of 
the United States, 49 U.S.C. 46502(b), [formerly 49 U.S.C. App 1472(n)];
    (x) Lighting violations involving transporting controlled 
substances, 49 U.S.C. 46315, [formerly 49 U.S.C. App 1472(q)];
    (xi) Unlawful entry into an aircraft or airport area that serves air 
carriers or foreign air carriers contrary to established security 
requirements, 49 U.S.C. 46314, [formerly 49 U.S.C. App 1472(r)];
    (xii) Destruction of an aircraft or aircraft facility, 18 U.S.C. 32;
    (xiii) Murder;
    (xiv) Assault with intent to murder;
    (xv) Espionage;
    (xvi) Sedition;
    (xvii) Kidnapping or hostage taking;
    (xviii) Treason;
    (xix) Rape or aggravated sexual abuse;
    (xx) Unlawful possession, use, sale, distribution, or manufacture of 
an explosive or weapon;
    (xxi) Extortion;
    (xxii) Armed robbery;
    (xxiii) Distribution of, or intent to distribute, a controlled 
substance;
    (xxiv) Felony arson; or
    (xxv) Conspiracy or attempt to commit any of the aforementioned 
criminal acts.
    (c) The access investigation must include the following steps:
    (1) The individual must complete an application form that includes:
    (i) The individual's full name, including any aliases or nicknames;
    (ii) The dates, names, phone numbers, and addresses of previous 
employers, with explanations for any gaps in employment of more than 12 
months, during the previous 10-year period;
    (iii) Notification that the individual will be subject to an 
employment history verification and possibly a criminal history records 
check; and
    (iv) Any convictions during the previous 10-year period of the 
crimes listed in paragraph (b)(2) of this section.
    (2) The identity of the individual must be verified through the 
presentation of two forms of identification, one of which must bear the 
individual's photograph.
    (3) The information on the most recent 5 years of employment history 
required under paragraph (c)(1)(ii) of this section must be verified in 
writing, by documentation, by telephone, or in person.
    (4) If one or more of the following conditions exists, the access 
investigation must not be considered complete unless it includes a check 
of the individual's fingerprint-based criminal history record maintained 
by the Federal Bureau of Investigation (FBI). The airport operator may 
request a check of the individual's fingerprint-based criminal history 
record only if one or more of the following conditions exists:
    (i) The individual cannot satisfactorily account for a period of 
unemployment of 12 months or more during the previous 10-year period;
    (ii) The individual is unable to support statements made or there 
are significant inconsistencies between information provided on the 
application in response to questions required by paragraph (c)(1)(ii) of 
this section and that obtained through the 5-year verification process; 
or

[[Page 306]]

    (iii) Information becomes available to the airport operator during 
the access investigation indicating a possible conviction for one of the 
disqualifying crimes.
    (d) An airport operator may permit an individual to be under escort 
as defined in Sec. 107.1 in accordance with the airport security program 
to the areas identified in paragraph (a) of this section.
    (e) Notwithstanding the requirements of this section, an airport 
operator may authorize the following individuals to have unescorted 
access to the areas identified in paragraph (a) of this section:
    (1) Employees of the Federal government or a state or local 
government (including law enforcement officers) who, as a condition of 
employment, have been subject to an employment investigation;
    (2) Crew members of foreign air carriers covered by an alternate 
security arrangement in the approved airport operator security program;
    (3) An individual who has been continuously employed in a position 
requiring unescorted access by another airport operator, airport tenant 
or air carrier; and
    (4) An individual who has access authority to the U.S. Customs 
Service security area of the U.S. airport.
    (f) An airport operator will be deemed to be in compliance with its 
obligations under paragraphs (b)(1) and (b)(2) of this section, as 
applicable, when it accepts certification from:
    (1) An air carrier subject to Sec. 108.33 of this chapter that the 
air carrier has complied with Sec. 108.33 (a)(1) and (a)(2) for its 
employees and contractors; and
    (2) An airport tenant other than a U.S. air carrier that the tenant 
has complied with paragraph (b)(1) of this section for its employees.
    (g) The airport operator must designate the airport security 
coordinator to be responsible for:
    (1) Reviewing and controlling the results of the access 
investigation; and
    (2) Serving as the contact to receive notification from an 
individual applying for unescorted access of his or her intent to seek 
correction of his or her criminal history record with the FBI.
    (h) Prior to commencing the criminal history records check, the 
airport operator must notify the affected individuals.
    (i) The airport operator must collect and process fingerprints in 
the following manner:
    (1) One set of legible and classifiable fingerprints must be 
recorded on fingerprint cards approved by the FBI for this purpose;
    (2) The fingerprints must be obtained from the individual under 
direct observation by the airport operator;
    (3) The identity of the individual must be verified at the time 
fingerprints are obtained. The individual must present two forms of 
identification media, one of which must bear his or her photograph;
    (4) The fingerprint card must be forwarded to Federal Aviation 
Administration, 800 Independence Ave., S.W., Washington, D.C. 20591 
(ATTN: ACO-310, Access Processing); and
    (5) Fees for the processing of the criminal checks are due upon 
application. Airport operators shall submit payment through corporate 
check, cashier's check or money order made payable to ``U.S. FAA,'' at 
the rate of $24.00 for each fingerprint card. Combined payment for 
multiple applications is acceptable.
    (j) In conducting the criminal history records check required by 
this section, the airport operator must ascertain information on arrests 
for the crimes listed in paragraph (b)(2) of this section for which no 
disposition has been recorded to make a determination of the outcome of 
the arrest.
    (k) The airport operator must:
    (1) At the time the fingerprints are taken, notify the individual 
that a copy of any criminal history record received from the FBI will be 
made available if requested in writing.
    (2) Prior to making a final decision to deny authorization for 
unescorted access, advise the individual that the FBI criminal history 
record discloses information that would disqualify him or her from 
unescorted access authorization and provide each affected individual 
with a copy of his or her FBI record if it has been requested. The 
individual may contact the local jurisdiction responsible for the 
information

[[Page 307]]

and the FBI to complete or correct the information contained in the 
record before any final access decision is made, subject to the 
following conditions:
    (i) Within 30 days after being advised that the FBI criminal history 
record discloses disqualifying information, the individual must notify 
the airport operator, in writing, of his or her intent to correct any 
information believed to be inaccurate. If no notification is received 
within 30 days, the airport operator may make a final access decision.
    (ii) Upon notification by the individual that a record has been 
corrected, the airport operator must obtain a copy of the revised FBI 
record prior to making a final access decision.
    (3) Notify an individual that a final decision has been made to 
grant or deny authorization for unescorted access.
    (l) Any individual authorized to have unescorted access privilege to 
the areas identified in paragraph (a) of this section who is 
subsequently convicted of any of the crimes listed in paragraph (b)(2) 
of this section must report the conviction and surrender the SIDA 
identification medium within 24 hours to the issuer.
    (m) Criminal history record information provided by the FBI must be 
used solely for the purposes of this section, and no person shall 
disseminate the results of a criminal history records check to anyone 
other than:
    (1) The individual to whom the record pertains or that individual's 
authorized representative;
    (2) The airport operator; or
    (3) Others designated by the Administrator.
    (n) The airport must maintain a written record for each individual 
until 180 days after the termination of the individual's authority for 
unescorted access. The records for each individual subject to:
    (1) The access investigation must include: the application, the 
employment verification information obtained by the employer, the names 
of those from whom the employment verification information was obtained, 
the date the contact was made, or certification of same from air 
carriers or airport tenants, and any other information as required by 
the Assistant Administrator for Civil Aviation Security, and
    (2) A criminal history records check must include the results of the 
records check, or a certification by the airport operator or air carrier 
that the check was completed and did not uncover a disqualifying 
conviction. These records must be maintained in a manner that protects 
the confidentiality of the employee, which is acceptable to the 
Assistant Administrator for Civil Aviation Security.

[Doc. No. 26763, 60 FR 51868, Oct. 3, 1995]



PART 108--AIRPLANE OPERATOR SECURITY--Table of Contents




Sec.
108.1  Applicability.
108.3  Definitions.
108.4  Falsification.
108.5  Security program: Adoption and implementation.
108.7  Security program: Form, content, and availability.
108.9  Screening of passengers and property.
108.10  Prevention and management of hijackings and sabotage attempts.
108.11  Carriage of weapons.
108.13  Security of airplanes and facilities.
108.14  Transportation of Federal Air Marshals.
108.15  Law enforcement officers.
108.17  Use of X-ray systems.
108.18  Security Directives and Information Circulars.
108.19  Security threats and procedures.
108.20  Use of explosives detection systems.
108.21  Carriage of passengers under the control of armed law 
          enforcement escorts.
108.23  Training.
108.25  Approval of security programs and amendments.
108.27  Evidence of compliance.
108.29  Standards for security oversight.
108.31  Employment standards for screening personnel.
108.33  Access investigation.

    Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701-44702, 44705, 
44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.

    Source: Docket No. 108, 46 FR 3786, Jan. 15, 1981, unless otherwise 
noted.



Sec. 108.1  Applicability.

    (a) This part prescribes aviation security rules governing--

[[Page 308]]

    (1) The operations of holders of FAA air carrier operating 
certificates or operating certificates engaging in scheduled passenger 
operations or public charter passenger operations;
    (2) Each person aboard an airplane operated by a certificate holder 
described in paragraph (a)(1) of this section;
    (3) Each person on an airport at which the operations described in 
paragraph (a)(1) of this section are conducted;
    (4) Each certificate holder who receives a Security Directive or 
Information Circular and each person who receives information from a 
Security Directive or an Information Circular issued by the Director of 
Civil Aviation Security; and
    (5) Each person who files an application or makes entries into any 
record or report that is kept, made or used to show compliance under 
this part, or to exercise any privileges under this part.
    (b) This part does not apply to helicopter or to all-cargo 
operations.

[Doc. No. 24883, 51 FR 1352, Jan. 10, 1986, as amended by Amdt. 108-6, 
54 FR 28984, July 10, 1989; Amdt. 108-14, 61 FR 64244, Dec. 3, 1996]



Sec. 108.3  Definitions.

    The following are definitions of terms used in this part:
    (a) Certificate holder means a person holding an FAA operating 
certificate when that person engages in scheduled passenger or public 
charter passenger operations or both.
    (b) Passenger seating configuration means the total number of seats 
for which the aircraft is type certificated that can be made available 
for passenger use aboard a flight and includes that seat in certain 
airplanes which may be used by a representative of the Administrator to 
conduct flight checks but is available for revenue purposes on other 
occasions.
    (c) Private charter means any charter for which the charterer 
engages the total capacity of an airplane for the carriage of:
    (1) Passengers in civil or military air movements conducted under 
contract with the Government of the United States of the Government of a 
foreign country; or
    (2) Passengers invited by the charterer, the cost of which is borne 
entirely by the charterer and not directly or indirectly by the 
individual passengers.
    (d) Public charter means any charter that is not a private charter.
    (e) Scheduled passenger operations means holding out to the public 
of air transportation service for passengers from identified air 
terminals at a set time announced by timetable or schedule published in 
a newspaper, magazine, or other advertising medium.
    (f) Sterile area means an area to which access is controlled by the 
inspection of persons and property in accordance with an approved 
security program or a security program used in accordance with 
Sec. 129.25.



Sec. 108.4  Falsification.

    No person may make, or cause to be made, any of the following:
    (a) Any fraudulent or intentionally false statement in any 
application for any security program, access medium, or identification 
medium, or any amendment thereto, under this part.
    (b) Any fraudulent or intentionally false entry in any record or 
report that is kept, made, or used to show compliance with this part, or 
to exercise any privileges under this part.
    (c) Any reproduction or alteration, for fraudulent purpose, of any 
report, record, security program, access medium, or identification 
medium issued under this part.

[Doc. No. 28745, 61 FR 64244, Dec. 3, 1996]



Sec. 108.5  Security program: Adoption and implementation.

    (a) Each certificate holder shall adopt and carry out a security 
program that meets the requirements of Sec. 108.7 for each of the 
following scheduled or public charter passenger operations:
    (1) Each operation with an airplane having a passenger seating 
configuration of more than 60 seats.
    (2) Each operation that provides deplaned passengers access, that is 
not otherwise controlled by a certificate holder using an approved 
security program or a foreign air carrier using a security program 
required by Sec. 129.25, to a sterile area.

[[Page 309]]

    (3) Each operation with an airplane having a passenger seating 
configuration of more than 30 but less than 61 seats; except that those 
parts of the program effecting compliance with the requirements listed 
in Sec. 108.7(b) (1), (2), and
    (4) Need only be implemented when the Director of Civil Aviation 
Security or a designate of the Director notifies the certificate holder 
in writing that a security threat exists with respect to the operation.
    (b) Each certificate holder that has obtained FAA approval for a 
security program for operations not listed in paragraph (a) of this 
section shall carry out the provisions of that program.



Sec. 108.7  Security program: Form, content, and availability.

    (a) Each security program required by Sec. 108.5 shall--
    (1) Provide for the safety of persons and property traveling in air 
transportation and intrastate air transportation against acts of 
criminal violence and air piracy;
    (2) Be in writing and signed by the certificate holder or any person 
delegated authority in this matter;
    (3) Include the items listed in paragraph (b) of this section, as 
required by Sec. 108.5; and
    (4) Be approved by the Administrator.
    (b) Each security program required by Sec. 108.5 must include the 
following, as required by that section:
    (1) The procedures and a description of the facilities and equipment 
used to perform the screening functions specified in Sec. 108.9.
    (2) The procedures and a description of the facilities and equipment 
used to perform the airplane and facilities control functions specified 
in Sec. 108.13.
    (3) The procedures used to comply with the applicable requirements 
of Sec. 108.15 regarding law enforcement officers.
    (4) The procedures used to comply with the requirements of 
Sec. 108.17 regarding the use of X-ray systems.
    (5) The procedures used to comply with the requirements of 
Sec. 108.19 regarding bomb and air piracy threats.
    (6) The procedures used to comply with the applicable requirements 
of Sec. 108.10.
    (7) The curriculum used to accomplish the training required by 
Sec. 108.23.
    (8) The procedures and a description of the facilities and equipment 
used to comply with the requirements of Sec. 108.20 regarding explosives 
detection systems.
    (c) Each certificate holder having an approved security program 
shall--
    (1) Maintain at least one complete copy of the approved security 
program at its principal business office;
    (2) Maintain a complete copy or the pertinent portions of its 
approved security program or appropriate implementing instructions at 
each airport where security screening is being conducted;
    (3) Make these documents available for inspection upon request of 
any Civil Aviation Security Inspector;
    (4) Restrict the availability of information contained in the 
security program to those persons with an operational need-to-know; and
    (5) Refer requests for such information by other persons to the 
Director of Civil Aviation Security of the FAA.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-3, 50 
FR 28893, July 16, 1985; Amdt. 108-7, 54 FR 36946, Sept. 5, 1989]



Sec. 108.9  Screening of passengers and property.

    (a) Each certificate holder required to conduct screening under a 
security program shall use the procedures included, and the facilities 
and equipment described, in its approved security program to prevent or 
deter the carriage aboard airplanes of any explosive, incendiary, or a 
deadly or dangerous weapon on or about each individual's person or 
accessible property, and the carriage of any explosive or incendiary in 
checked baggage.
    (b) Each certificate holder required to conduct screening under a 
security program shall refuse to transport--
    (1) Any person who does not consent to a search of his or her person 
in accordance with the screening system prescribed in paragraph (a) of 
this section; and

[[Page 310]]

    (2) Any property of any person who does not consent to a search or 
inspection of that property in accordance with the screening system 
prescribed by paragraph (a) of this section.
    (c) Except as provided by its approved security program, each 
certificate holder required to conduct screening under a security 
program shall use the procedures included, and the facilities and 
equipment described, in its approved security program for detecting 
explosives, incendiaries, and deadly or dangerous weapons to inspect 
each person entering a sterile area at each preboarding screening 
checkpoint in the United States for which it is responsible, and to 
inspect all accessible property under that person's control.
    (d) Each certificate holder shall staff its security screening 
checkpoints with supervisory and non-supervisory personnel in accordance 
with the standards specified in its security program.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51 
FR 1352, Jan. 10, 1986; Amdt. 108-5, 52 FR 48509, Dec. 22, 1987; Amdt. 
108-10, 56 FR 41425, Aug. 20, 1991]



Sec. 108.10  Prevention and management of hijackings and sabotage attempts.

    (a) Each certificate holder shall--
    (1) Provide and use a Security Coordinator on the ground and in 
flight for each international and domestic flight, as required by its 
approved security program; and
    (2) Designate the pilot in command as the inflight Security 
Coordinator for each flight, as required by its approved security 
program.
    (b) Ground Security Coordinator. Each ground Security Coordinator 
shall carry out the ground Security Coordinator duties specified in the 
certificate holder's approved security program.
    (c) Inflight Security Coordinator. The pilot in command of each 
flight shall carry out the inflight Security Coordinator duties 
specified in the certificate holder's approved security program.

[Doc. No. 24719, 50 FR 28893, July 16, 1985]



Sec. 108.11  Carriage of weapons.

    (a) No certificate holder required to conduct screening under a 
security program may permit any person to have, nor may any person have, 
on or about his or her person or property, a deadly or dangerous weapon, 
either concealed or unconcealed, accessible to him or her while aboard 
an airplane for which screening is required unless:
    (1) The person having the weapon is--
    (i) An official or employee of the United States, or a State or 
political subdivision of a State, or of a municipality who is authorized 
by his or her agency to have the weapon; or
    (ii) Authorized to have the weapon by the certificate holder and the 
Administrator and has successfully completed a course of training in the 
use of firearms acceptable to the Administrator.
    (2) The person having the weapon needs to have the weapon accessible 
in connection with the performance of his or her duty from the time he 
or she would otherwise check it in accordance with paragraph (d) of this 
section until the time it would be returned after deplaning.
    (3) The certificate holder is notified--
    (i) Of the flight on which the armed person intends to have the 
weapon accessible to him or her at least 1 hour, or in an emergency as 
soon as practicable, before departure; and
    (ii) When the armed person is other than an employee or official of 
the United States, that there is a need for the weapon to be accessible 
to the armed person in connection with the performance of that person's 
duty from the time he or she would otherwise check it in accordance with 
paragraph (d) of this section until the time it would be returned to him 
or her after deplaning.
    (4) The armed person identifies himself or herself to the 
certificate holder by presenting credentials that include his or her 
clear, full-face picture, his or her signature, and the signature of the 
authorizing official of his or her service or the official seal of his 
or her service. A badge, shield, or similar may not be used as the sole 
means of identification.
    (5) The certificate holder--
    (i) Ensures that the armed person is familiar with its procedures 
for carrying a deadly or dangerous weapon aboard its airplane before the 
time the person boards the airplane;

[[Page 311]]

    (ii) Ensures that the identity of the armed person is known to each 
law enforcement officer and each employee of the certificate holder 
responsible for security during the boarding of the airplane; and
    (iii) Notifies the pilot in command, other appropriate crewmembers, 
and any other person authorized to have a weapon accessible to him or 
her aboard the airplane of the location of each authorized armed person 
aboard the airplane.
    (b) No person may, while on board an airplane operated by a 
certificate holder for which screening is not conducted, carry on or 
about that person a deadly or dangerous weapon, either concealed or 
unconcealed. This paragraph does not apply to--
    (1) Officials or employees of a municipality or a State, or of the 
United States, who are authorized to carry arms; or
    (2) Crewmembers and other persons authorized by the certificate 
holder to carry arms.
    (c) No certificate holder may knowingly permit any person to 
transport, nor may any person transport or tender for transport, any 
explosive, incendiary or a loaded firearm in checked baggage aboard an 
airplane. For the purpose of this section, a loaded firearm means a 
firearm which has a live round of ammunition, cartridge, detonator, or 
powder in the chamber or in a clip, magazine, or cylinder inserted in 
it.
    (d) No certificate holder may knowingly permit any person to 
transport, nor may any person transport or tender for transport, any 
unloaded firearm in checked baggage aboard an airplane unless--
    (1) The passenger declares to the certificate holder, either orally 
or in writing before checking the baggage, that any firearm carried in 
the baggage is unloaded;
    (2) The firearm is carried in a container the certificate holder 
considers appropriate for air transportation;
    (3) When the firearm is other than a shotgun, rifle, or other 
firearm normally fired from the shoulder position, the baggage in which 
it is carried is locked, and only the passenger checking the baggage 
retains the key or combination; and
    (4) The baggage containing the firearm is carried in an area, other 
than the flightcrew compartment, that is inaccessible to passengers.
    (e) No certificate holder may serve any alcoholic beverage to a 
person having a deadly or dangerous weapon accessible to him or her nor 
may such person drink any alcoholic beverage while aboard an airplane 
operated by the certificate holder.
    (f) Paragraphs (a), (b), and (d) of this section do not apply to the 
carriage of firearms aboard air carrier flights conducted for the 
military forces of the Government of the United States when the total 
cabin load of the airplane is under exclusive use by those military 
forces if the following conditions are met:
    (1) No firearm is loaded and all bolts to such firearms are locked 
in the open position; and
    (2) The certificate holder is notified by the unit commander or 
officer in charge of the flight before boarding that weapons will be 
carried aboard the aircraft.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51 
FR 1352, Jan. 10, 1986]



Sec. 108.13  Security of airplanes and facilities.

    Each certificate holder required to conduct screening under a 
security program shall use the procedures included, and the facilities 
and equipment described, in its approved security program to perform the 
following control functions with respect to each airplane operation for 
which screening is required:
    (a) Prohibit unauthorized access to the airplane.
    (b) Ensure that baggage carried in the airplane is checked in by a 
responsible agent and that identification is obtained from persons, 
other than known shippers, shipping goods or cargo aboard the airplane.
    (c) Ensure that cargo and checked baggage carried aboard the 
airplane is handled in a manner that prohibits unauthorized access.
    (d) Conduct a security inspection of the airplane before placing it 
in service and after it has been left unattended.

[[Page 312]]



Sec. 108.14  Transportation of Federal Air Marshals.

    (a) Each certificate holder shall carry Federal Air Marshals, in the 
number and manner specified by the Administrator, on each scheduled and 
public charter passenger operation designated by the Administrator.
    (b) Each Federal Air Marshal shall be carried on a first priority 
basis and without charge while on official duty, including repositioning 
flights.
    (c) Each certificate holder shall assign the specific seat requested 
by a Federal Air Marshal who is on official duty.

[Doc. No. 24714, 50 FR 27925, July 8, 1985]



Sec. 108.15  Law enforcement officers.

    (a) At airports within the United States not governed by part 107 of 
this chapter, each certificate holder engaging in scheduled passenger or 
public charter passenger operations shall--
    (1) If security screening is required for a public charter operation 
by Sec. 108.5(a), or for a scheduled passenger operation by 
Sec. 108.5(b) provide for law enforcement officers meeting the 
qualifications and standards, and in the number and manner specified, in 
part 107; and
    (2) When using airplanes with a passenger seating configuration of 
31 through 60 seats in a public charter operation for which screening is 
not required, arrange for law enforcement officers meeting the 
qualifications and standards specified in part 107 to be available to 
respond to an incident, and provide to its employees, including 
crewmembers, as appropriate, current information with respect to 
procedures for obtaining law enforcement assistance at that airport.
    (b) At airports governed by part 107 of this chapter, each 
certificate holder engaging in scheduled or public charter passenger 
operations, when using airplanes with a passenger seating configuration 
of 31 through 60 seats for which screening is not required, shall 
arrange for law enforcement officers meeting the qualifications and 
standards specified in part 107 to be available to respond to an 
incident and provide its employees, including crewmembers, as 
appropriate, current information with respect to procedures for 
obtaining this law enforcement assistance at that airport.



Sec. 108.17  Use of X-ray systems.

    (a) No certificate holder may use an X-ray system within the United 
States to inspect carry-on or checked articles unless specifically 
authorized under a security program required by Sec. 108.5 of this part 
or use such a system contrary to its approved security program. The 
Administrator authorizes certificate holders to use X-ray systems for 
inspecting carry-on or checked articles under an approved security 
program if the certificate holder shows that--
    (1) For a system manufactured before April 25, 1974, it meets either 
the guidelines issued by the Food and Drug Administration (FDA), 
Department of Health, Education, and Welfare (HEW) and published in the 
Federal Register (38 FR 21442, August 8, 1973); or the performance 
standards for cabinet X-ray systems designed primarily for the 
inspection of carry-on baggage issued by the FDA and published in 21 CFR 
1020.40 (39 FR 12985, April 10, 1974);
    (2) For a system manufactured after April 24, 1974, it meets the 
standards for cabinet X-ray systems designed primarily for the 
inspection of carry-on baggage issued by the FDA and published in 21 CFR 
1020.40 (39 FR 12985, April 10, 1974);
    (3) A program for initial and recurrent training of operators of the 
system is established, which includes training in radiation safety, the 
efficient use of X-ray systems, and the identification of weapons and 
other dangerous articles;
    (4) Procedures are established to ensure that each operator of the 
system is provided with an individual personnel dosimeter (such as a 
film badge or thermoluminescent dosimeter). Each dosimeter used shall be 
evaluated at the end of each calendar month, and records of operator 
duty time and the results of dosimeter evaluations shall be maintained 
by the certificate holder; and
    (5) The system meets the imaging requirements set forth in an 
approved Air Carrier Security Program using the

[[Page 313]]

step wedge specified in American Society for Testing and Materials 
Standard F792-82.
    (b) No certificate holder may use an X-ray system within the United 
States unless within the preceding 12 calendar months a radiation survey 
has been conducted which shows that the system meets the applicable 
performance standards in 21 CFR 1020.40 or guidelines published by the 
FDA in the Federal Register of August 8, 1973 (38 FR 21442).
    (c) No certificate holder may use an X-ray system after the system 
is initially installed or after it has been moved from one location to 
another, unless a radiation survey is conducted which shows that the 
system meets the applicable performance standards in 21 CFR 1020.40 or 
guidelines published by the FDA in the Federal Register of August 8, 
1973 (38 FR 21442) except that a radiation survey is not required for an 
X-ray system that is moved to another location if the certificate holder 
shows that the system is so designed that it can be moved without 
altering its performance.
    (d) No certificate holder may use an X-ray system that is not in 
full compliance with any defect notice or modification order issued for 
that system by the FDA, unless that Administration has advised the FAA 
that the defect or failure to comply does not create a significant risk 
or injury, including genetic injury, to any person.
    (e) No certificate holder may use an X-ray system to inspect carry-
on or checked articles unless a sign is posted in a conspicuous place at 
the screening station and on the X-ray system which notifies passengers 
that such items are being inspected by an X-ray and advises them to 
remove all X-ray, scientific, and high-speed film from carry-on and 
checked articles before inspection. This sign shall also advise 
passengers that they may request that an inspection be made of their 
photographic equipment and film packages without exposure to an X-ray 
system. If the X-ray system exposes any carry-on or checked articles to 
more than 1 milliroentgen during the inspection, the certificate holder 
shall post a sign which advises passengers to remove film of all kinds 
from their articles before inspection. If requested by passengers, their 
photographic equipment and film packages shall be inspected without 
exposure to an X-ray system.
    (f) Each certificate holder shall maintain at least one copy of the 
results of the most recent radiation survey conducted under paragraph 
(b) or (c) of this section and shall make it available for inspection 
upon request by the Administrator at each of the following locations:
    (1) The certificate holder's principal business office; and
    (2) The place where the X-ray system is in operation.
    (g) The American Society for Testing and Materials Standard F792-82, 
``Design and Use of Ionizing Radiation Equipment for the Detection of 
Items Prohibited in Controlled Access Areas,'' described in this section 
is incorporated by reference herein and made a part hereof pursuant to 5 
U.S.C. 552(a)(1). All persons affected by these amendments may obtain 
copies of the standard from the American Society for testing and 
Materials, 1916 Race Street, Philadelphia, PA 19103. In addition, a copy 
of the standard may be examined at the FAA Rules Docket, Docket No. 
24115, 800 Independence Avenue, SW., Washington, DC, weekdays, except 
Federal holidays, between 8:30 a.m. and 5 p.m.
    (h) Each certificate holder shall comply with X-ray operator duty 
time limitations specified in its security program.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-1, 50 
FR 25656, June 20, 1985; Amdt. 108-10, 56 FR 41425, Aug. 20, 1991; Amdt. 
108-11, 56 FR 48373, Sept. 24, 1991]



Sec. 108.18  Security Directives and Information Circulars.

    (a) Each certificate holder required to have an approved security 
program for passenger operations shall comply with each Security 
Directive issued to the certificate holder by the Director of Civil 
Aviation Security, or by any person to whom the Director has delegated 
the authority to issue Security Directives, within the time prescribed 
in the Security Directive for compliance.
    (b) Each certificate holder who receives a Security Directive 
shall--

[[Page 314]]

    (1) Not later than 24 hours after delivery by the FAA or within the 
time prescribed in the Security Directive, acknowledge receipt of the 
Security Directive;
    (2) Not later than 72 hours after delivery by the FAA or within the 
time prescribed in the Security Directive, specify the method by which 
the certificate holder has implemented the measures in the Security 
Directive; and
    (3) Ensure that information regarding the Security Directive and 
measures implemented in response to the Security Directive are 
distributed to specified personnel as prescribed in the Security 
Directive and to other personnel with an operational need to know.
    (c) In the event that the certificate holder is unable to implement 
the measures contained in the Security Directive, the certificate holder 
shall submit proposed alternative measures, and the basis for submitting 
the alternative measures, to the Director of Civil Aviation Security for 
approval. The certificate holder shall submit proposed alternative 
measures within the time prescribed in the Security Directive. The 
certificate holder shall implement any alternative measures approved by 
the Director of Civil Aviation Security.
    (d) Each certificate holder who receives a Security Directive or 
Information Circular and each person who receives information from a 
Security Directive or Information Circular shall--
    (1) Restrict the availability of the Security Directive or 
Information Circular and information contained in the Security Directive 
or the Information Circular to those persons with an operational need to 
know; and
    (2) Refuse to release the Security Directive or Information Circular 
and information regarding the Security Directive or Information Circular 
to persons other than those with an operational need to know without the 
prior written consent of the Director of Civil Aviation Security.

(Approved by the Office of Management and Budget under control number 
2120-0098)

[Doc. No. 25953, 54 FR 28984, July 10, 1989]



Sec. 108.19  Security threats and procedures.

    (a) Upon receipt of a specific and credible threat to the security 
of a flight, the certificate holder shall--
    (1) Immediately notify the ground and in-flight security 
coordinators of the threat, any evaluation thereof, and any 
countermeasures to be applied; and
    (2) Ensure that the in-flight security coordinator notifies the 
flight and cabin crewmembers of the threat, any evaluation thereof, and 
any countermeasures to be applied.
    (b) Upon receipt of a bomb threat against a specific airplane, each 
certificate holder shall attempt to determine whether or not any 
explosive or incendiary is aboard the airplane involved by doing the 
following:
    (1) Conducting a security inspection on the ground before the next 
flight or, if the airplane is in flight, immediately after its next 
landing.
    (2) If the airplane is being operated on the ground, advising the 
pilot in command to immediately submit the airplane for a security 
inspection.
    (3) If the airplane is in flight, immediately advising the pilot in 
command of all pertinent information available so that necessary 
emergency action can be taken.
    (c) Immediately upon receiving information that an act or suspected 
act of air piracy has been committed, the certificate holder shall 
notify the Administrator. If the airplane is in airspace under other 
than United States jurisdiction, the certificate holder shall also 
notify the appropriate authorities of the State in whose territory the 
airplane is located and, if the airplane is in flight, the appropriate 
authorities of the State in whose territory the airplane is to land. 
Notification of the appropriate air traffic controlling authority is 
sufficient action to meet this requirement.

[Doc. No. 108, 46 FR 3786, Jan. 15, 1981, as amended by Amdt. 108-4, 51 
FR 1352, Jan. 10, 1986; Amdt.108-9, 56 FR 27869, June 17, 1991]



Sec. 108.20  Use of explosives detection systems.

    When the Administrator shall require by amendment under Sec. 108.25, 
each certificate holder required to conduct screening under a security 
program

[[Page 315]]

shall use an explosive detection system that has been approved by the 
Administrator to screen checked baggage on international flights in 
accordance with the certificate holder's security program.

[Doc. No. 25956, 54 FR 36946, Sept. 5, 1989]



Sec. 108.21  Carriage of passengers under the control of armed law enforcement escorts.

    (a) Except as provided in paragraph (e) of this section, no 
certificate holder required to conduct screening under a security 
program may carry a passenger in the custody of an armed law enforcement 
escort aboard an airplane for which screening is required unless--
    (1) The armed law enforcement escort is an official or employee of 
the United States, of a State or political subdivision of a State, or a 
municipality who is required by appropriate authority to maintain 
custody and control over an individual aboard an airplane;
    (2) The certificate holder is notified by the responsible government 
entity at least 1 hour, or in case of emergency as soon as possible, 
before departure--
    (i) Of the identity of the passenger to be carried and the flight on 
which it is proposed to carry the passenger; and
    (ii) Whether or not the passenger is considered to be in a maximum 
risk category;
    (3) If the passenger is considered to be in a maximum risk category, 
that the passenger is under the control of at least two armed law 
enforcement escorts and no other passengers are under the control of 
those two law enforcement escorts;
    (4) No more than one passenger who the certificate holder has been 
notified is in a maximum risk category is carried on the airplane;
    (5) If the passenger is not considered to be in a maximum risk 
category, the passenger is under the control of at least one armed law 
enforcement escort, and no more than two of these persons are carried 
under the control of any one law enforcement escort;
    (6) The certificate holder is assured, prior to departure, by each 
law enforcement escort that--
    (i) The officer is equipped with adequate restraining devices to be 
used in the event restraint of any passenger under the control of the 
escort becomes necessary; and
    (ii) Each passenger under the control of the escort has been 
searched and does not have on or about his or her person or property 
anything that can be used as a deadly or dangerous weapon;
    (7) Each passenger under the control of a law enforcement escort 
is--
    (i) Boarded before any other passengers when boarding at the airport 
where the flight originates and deplaned at the destination after all 
other deplaning passengers have deplaned;
    (ii) Seated in the rear-most passenger seat when boarding at the 
airport where the flight originates; and
    (iii) Seated in a seat that is neither located in any lounge area 
nor located next to or directly across from any exit; and
    (8) A law enforcement escort having control of a passenger is seated 
between the passenger and any aisle.
    (b) No certificate holder operating an airplane under paragraph (a) 
of this section may--
    (1) Serve food, beverage, or provide metal eating utensils to a 
passenger under the control of a law enforcement escort while aboard the 
airplane unless authorized to do so by the law enforcement escort.
    (2) Serve a law enforcement escort or the passenger under the 
control of the escort any alcoholic beverages while aboard the airplane.
    (c) Each law enforcement escort carried under the provisions of 
paragraph (a) of this section shall, at all times, accompany the 
passenger under the control of the escort and keep the passenger under 
surveillance while aboard the airplane.
    (d) No law enforcement escort carried under paragraph (b) of this 
section or any passenger under the control of the escort may drink 
alcoholic beverages while aboard the airplane.
    (e) This section does not apply to the carriage of passengers under 
voluntary protective escort.



Sec. 108.23  Training.

    (a) No certificate holder may use any person as a Security 
Coordinator unless, within the preceding 12 calendar

[[Page 316]]

months, that person has satisfactorily completed the security training 
as specified in the certificate holder's approved security program.
    (b) No certificate holder may use any person as a crewmember on any 
domestic or international flight unless within the preceding 12 calendar 
months or within the time period specified in an Advanced Qualification 
Program approved under SFAR 58 that person has satisfactorily completed 
the security training required by Sec. 121.417(b)(3)(v) or 
Sec. 135.331(b)(3)(v) of this chapter and as specified in the 
certificate holder's approved security program. With respect to training 
conducted under Sec. 121.417 or Sec. 135.331, whenever a crewmember who 
is required to take recurrent training completes the training in the 
calendar month before or the calendar month after the calendar month in 
which that training is required, he is considered to have completed the 
training in the calendar month in which it was required.

[Doc. No. 24719, 50 FR 28893, July 16, 1985, as amended by Amdt. 108-8, 
55 FR 40275, Oct. 2, 1990]



Sec. 108.25  Approval of security programs and amendments.

    (a) Unless otherwise authorized by the Administrator, each 
certificate holder required to have a security program for a passenger 
operation shall submit its proposed security program to the 
Administrator for approval at least 90 days before the date of the 
intended passenger operations. Within 30 days after receiving the 
program, the Administrator either approves the program or notifies the 
certificate holder to modify the program to comply with the applicable 
requirements of this part. The certificate holder may petition the 
Administrator to reconsider the notice to modify within 30 days after 
receiving the notice, and, except in the case of an emergency requiring 
immediate action in the interest of safety, the filing of the petition 
stays the notice pending a decision by the Administrator.
    (b) The Administrator may amend an approved security program if it 
is determined that safety and the public interest require the amendment, 
as follows:
    (1) The Administrator notifies the certificate holder, in writing, 
of the proposed amendment, fixing a period of not less than 30 days 
within which it may submit written information, views, and arguments on 
the amendment.
    (2) After considering all relevant material, the Administrator 
notifies the certificate holder of any amendment adopted or rescinds the 
notice. The amendment becomes effective not less than 30 days after the 
certificate holder receives the notice, unless the certificate holder 
petitions the Administrator to reconsider the amendment, in which case 
the effective date is stayed by the Administrator.
    (3) If the Administrator finds that there is an emergency requiring 
immediate action with respect to safety in air transportation or in air 
commerce that makes the procedure in this paragraph impracticable or 
contrary to the public interest, the Administrator may issue an 
amendment, effective without stay, on the date the certificate holder 
receives notice of it. In such a case, the Administrator incorporates 
the findings, and a brief statement of the reasons for it, in the notice 
of the amendment to be adopted.
    (c) A certificate holder may submit a request to the Administrator 
to amend its program. The application must be filed with the 
Administrator at least 30 days before the date it proposes for the 
amendment to become effective, unless a shorter period is allowed by the 
Administrator. Within 15 days after receiving a proposed amendment, the 
Administrator either approves or denies the request. Within 30 days 
after receiving from the Administrator a notice of refusal to approve 
the application for amendment, the applicant may petition the 
Administrator to reconsider the refusal to amend.



Sec. 108.27  Evidence of compliance.

    On request of the Administrator, each certificate holder shall 
provide evidence of compliance with this part and its approved security 
program.

[Doc. No. 24719, 50 FR 28894, July 16, 1985; 50 FR 35535, Aug. 30, 1985; 
51 FR 44875, Dec. 12, 1986]

[[Page 317]]



Sec. 108.29  Standards for security oversight.

    (a) Each certificate holder shall ensure that:
    (1) Each person performing a security-related function for the 
certificate holder has knowledge of the provisions of this part 108, 
applicable Security Directives and Information Circulars promulgated 
pursuant to Sec. 108.18, and the certificate holder's security program 
to the extent that the performance of the function imposes a need to 
know.
    (2) Daily, a Ground Security Coordinator at each airport:
    (i) Reviews all security-related functions for effectiveness and 
compliance with this part, the certificate holder's security program, 
and applicable Security Directives; and
    (ii) Immediately initiates corrective action for each instance of 
noncompliance with this part, the certificate holder's security program, 
and applicable Security Directives.
    (b) The requirements prescribed in paragraph (a) of this section 
apply to all security-related functions performed for the certificate 
holder whether by a direct employee or a contractor employee.

[Doc. No. 26522, 56 FR 41425, Aug. 20, 1991]



Sec. 108.31  Employment standards for screening personnel.

    (a) No certificate holder shall use any person to perform any 
screening function, unless that person has:
    (1) A high school diploma, a General Equivalency Diploma, or a 
combination of education and experience which the certificate holder has 
determined to have equipped the person to perform the duties of the 
position;
    (2) Basic aptitudes and physical abilities including color 
perception, visual and aural acuity, physical coordination, and motor 
skills to the following standards:
    (i) Screeners operating X-ray equipment must be able to distinguish 
on the X-ray monitor the appropriate imaging standard specified in the 
certificate holder's security program. Wherever the X-ray system 
displays colors, the operator must be able to perceive each color;
    (ii) Screeners operating any screening equipment must be able to 
distinguish each color displayed on every type of screening equipment 
and explain what each color signifies;
    (iii) Screeners must be able to hear and respond to the spoken voice 
and to audible alarms generated by screening equipment in an active 
checkpoint environment;
    (iv) Screeners performing physical searches or other related 
operations must be able to efficiently and thoroughly manipulate and 
handle such baggage, containers, and other objects subject to security 
processing; and
    (v) Screeners who perform pat-downs or hand-held metal detector 
searches of persons must have sufficient dexterity and capability to 
conduct those procedures on all parts of the persons' bodies.
    (3) The ability to read, speak, and write English well enough to:
    (i) Carry out written and oral instructions regarding the proper 
performance of screening duties;
    (ii) Read English language identification media, credentials, 
airline tickets, and labels on items normally encountered in the 
screening process;
    (iii) Provide direction to and understand and answer questions from 
English-speaking persons undergoing screening; and
    (iv) Write incident reports and statements and log entries into 
security records in the English language.
    (4) Satisfactorily completed all initial, recurrent, and appropriate 
specialized training required by the certificate holder's security 
program.
    (b) Notwithstanding the provisions of paragraph (a)(4) of this 
section, the certificate holder may use a person during the on-the-job 
portion of training to perform security functions provided that the 
person is closely supervised and does not make independent judgments as 
to whether persons or property may enter a sterile area or aircraft 
without further inspection.
    (c) No certificate holder shall use a person to perform a screening 
function after that person has failed an operational test related to 
that function until that person has successfully completed the remedial 
training specified in the certificate holder's security program.

[[Page 318]]

    (d) Each certificate holder shall ensure that a Ground Security 
Coordinator conducts and documents an annual evaluation of each person 
assigned screening duties and may continue that person's employment in a 
screening capacity only upon the determination by that Ground Security 
Coordinator that the person:
    (1) Has not suffered a significant diminution of any physical 
ability required to perform a screening function since the last 
evaluation of those abilities;
    (2) Has a satisfactory record of performance and attention to duty; 
and
    (3) Demonstrates the current knowledge and skills necessary to 
courteously, vigilantly, and effectively perform screening functions.
    (e) Paragraphs (a) through (d) of this section do not apply to those 
screening functions conducted outside the United States over which the 
certificate holder does not have operational control.
    (f) At locations outside the United States where the certificate 
holder has operational control over a screening function, the 
certificate holder may use screeners who do not meet the requirements of 
paragraph (a)(3) of this section, provided that at least one 
representative of the certificate holder who has the ability to 
functionally read and speak English is present while the certificate 
holder's passengers are undergoing security processing.

[Doc. No. 26522, 56 FR 41425, Aug. 20, 1991]



Sec. 108.33  Access investigation.

    (a) On or after January 31, 1996 for each employee or contractor 
employee covered under a certification made to an airport operator 
pursuant to Sec. 107.31(f) of this chapter, the certificate holder must 
ensure that:
    (1) The individual has satisfactorily undergone an employment 
history review covering the past 10 years and verification of the 5 
years preceding the date the access investigation is initiated as 
provided in paragraph (b) of this section; and
    (2) The results of the access investigation do not disclose that the 
individual has been convicted or found not guilty by reason of insanity, 
in any jurisdiction, during the 10 years ending on the date of such 
investigation, of a crime involving any of the following crimes 
enumerated in paragraphs (a)(2) (i) through (xxv) of this section. Where 
specific citations are listed, both the current citation and the 
citation that applied before the statutes are recodified in 1994 are 
listed.
    (i) Forgery of certificates, false marking of aircraft, and other 
aircraft registration violation, 49 U.S.C. 46306 [formerly 49 U.S.C. 
App. 1472(b)];
    (ii) Interference with air navigation, 49 U.S.C. 46308, [formerly 49 
U.S.C. App 1472(c)];
    (iii) Improper transportation of a hazardous material, 49 U.S.C. 
46312, [formerly 49 U.S.C. App 1472(b)(2)];
    (iv) Aircraft piracy, 49 U.S.C. 46502, [formerly 49 U.S.C. App 
1472(i)];
    (v) Interference with flightcrew members or flight attendants, 49 
U.S.C. 46504, [formerly 49 U.S.C. App 1472(j)];
    (vi) Commission of certain crimes aboard aircraft in flight, 49 
U.S.C. 46506, [formerly 49 U.S.C. App 1472(k)];
    (vii) Carrying a weapon or explosive aboard aircraft, 49 U.S.C. 
46505 [formerly 49 U.S.C. App 1472(l)];
    (viii) Conveying false information and threats, 49 U.S.C. 49 46507 
[formerly 49 U.S.C. App 1472(m)];
    (ix) Aircraft piracy outside the special aircraft jurisdiction of 
the United States, 49 U.S.C. 46502(b), [formerly 49 U.S.C. App 1472(n)];
    (x) Lighting violations in connection with transportation of 
controlled substances, 49 U.S.C. 46315, [formerly 49 U.S.C. App 
1472(q)];
    (xi) Unlawful entry into an aircraft or airport area that serves air 
carriers or foreign air carriers contrary to established security 
requirements, 49 U.S.C. 46314, [formerly 49 U.S.C. App 1472(r)];
    (xii) Destruction of an aircraft or aircraft facility, 18 U.S.C. 32;
    (xiii) Murder;
    (xiv) Assault with intent to murder;
    (xv) Espionage;
    (xvi) Sedition;
    (xvii) Kidnapping or hostage taking;
    (xviii) Treason;
    (xix) Rape or aggravated sexual abuse;
    (xx) Unlawful possession, use, sale, distribution, or manufacture of 
an explosive or weapon;
    (xxi) Extortion;
    (xxii) Armed robbery;

[[Page 319]]

    (xxiii) Distribution of, or intent to distribute, a controlled 
substance;
    (xxiv) Felony arson; or
    (xxv) Conspiracy or attempt to commit any of the aforementioned 
criminal acts.
    (b) The access investigation must include the following steps:
    (1) The individual must complete an application form that includes:
    (i) The individual's full name, including any aliases or nicknames;
    (ii) The dates, names, phone numbers, and addresses of previous 
employers, with explanations for any gaps in employment of more than 12 
months, during the previous 10-year period;
    (iii) Notification that the individual will be subject to an 
employment history verification and possibly a criminal history records 
check; and
    (iv) Any convictions during the previous 10-year period for the 
crimes listed in paragraph (a)(2) of this section.
    (2) The identity of the individual must be verified through the 
presentation of two forms of identification, one of which must bear the 
individual's photograph.
    (3) The information on the most recent 5 years of employment history 
required under paragraph (b)(1)(ii) of this section must be verified in 
writing, by documentation, by telephone, or in person.
    (4) If one or more of the following conditions exists, the access 
investigation must not be considered complete unless it includes a check 
of the individual's fingerprint-based criminal history record maintained 
by the Federal Bureau of Investigation (FBI). The airport operator may 
request a check of the individual's fingerprint-based criminal history 
record only if one or more of the following conditions exists:
    (i) The individual cannot satisfactorily account for a period of 
unemployment of 12 months or more during the previous 10-year period;
    (ii) The individual is unable to support statements made or there 
are significant inconsistencies between information provided on the 
application in response to questions required by paragraph (b)(1)(ii) of 
this section and that which is obtained through the 5-year verification 
process; or
    (iii) Information becomes available to the certificate holder during 
the access investigation indicating a possible conviction for one of the 
disqualifying crimes.
    (c) The certificate holder must designate an individual to be 
responsible for:
    (1) Reviewing and controlling the results of the access 
investigation; and
    (2) Serving as the contact to receive notification from an 
individual applying for unescorted access of his or her intent to seek 
correction of his or her criminal history record with the FBI.
    (d) Prior to commencing the criminal history records check, the 
certificate holder must notify the affected individuals.
    (e) The certificate holder must collect and process fingerprints in 
the following manner:
    (1) One set of legible and classifiable fingerprints must be 
recorded on fingerprint cards approved by the FBI;
    (2) The fingerprints must be obtained from the individual under 
direct observation by the certificate holder;
    (3) The identity of the individual must be verified at the time 
fingerprints are obtained. The individual must present two forms of 
identification media, one of which must bear his or her photograph; and
    (4) The fingerprint card must be forwarded to Federal Aviation 
Administration, 800 Independence Ave, S.W., Washington, D.C. 20591 
(ATTN: ACO-310, Access Processing) and
    (5) Fees for the processing of the criminal checks are due upon 
application. Air carriers shall submit payment through corporate check, 
cashier's check or money order made payable to ``U.S. FAA,'' at the rate 
of $24.00 for each fingerprint card. Combined payment for multiple 
applications is acceptable.
    (f) In conducting the criminal history records check required by 
this section, the certificate holder must investigate arrest information 
for the crimes listed in paragraph (a)(2) of this section for which no 
disposition has been recorded to make a determination of the outcome of 
the arrest.
    (g) The certificate holder must:
    (1) At the time the fingerprints are taken, notify the individual 
that a

[[Page 320]]

copy of the criminal history record received from the FBI will be made 
available if requested in writing.
    (2) Prior to making a final decision to deny authorization for 
unescorted access, advise the individual that the FBI criminal history 
record discloses information that would disqualify him or her from 
unescorted access authorization and provide each affected individual 
with a copy of his or her FBI record. The individual may contact the 
local jurisdiction responsible for the information and the FBI to 
complete or correct the information contained in the record before any 
final access decision is made, subject to the following conditions:
    (i) Within 30 days after being advised that the criminal history 
record received from the FBI discloses disqualifying information, the 
individual must notify the certificate holder, in writing, of his or her 
intent to correct any information believed to be inaccurate. If no 
notification is received within 30 days, the certificate holder may make 
a final access decision.
    (ii) Upon notification by the individual that the record has been 
corrected, the certificate holder must obtain a copy of the revised 
record from the FBI prior to making a final access decision.
    (3) Notify an individual that a final decision has been made to 
grant or deny authority for unescorted access.
    (h) Any individual authorized to have unescorted access privilege to 
areas identified in Sec. 107.31(a) of this chapter, who is subsequently 
convicted of any of the crimes listed in paragraph (a)(2) of this 
section, must report the conviction and surrender the SIDA 
identification medium within 24 hours to the issuer.
    (i) Criminal history record information provided by the FBI must be 
used solely for the purposes of this section, and no person shall 
disseminate the results of a criminal history records check to anyone 
other than:
    (1) The individual to whom the record pertains or that individual's 
authorized representative;
    (2) The certificate holder; or
    (3) Others designated by the Administrator.
    (j) The certificate holder must maintain a written record that the 
investigation was conducted for the individual until 180 days after the 
termination of the individual's authority for unescorted access. The 
record for individuals subject to:
    (1) The access investigation must include the application, the 
employment verification information obtained by the employer, the names 
of those from whom the employment verification information was obtained, 
the date the contact was made, and any other information as required by 
the Assistant Administrator for Civil Aviation Security, and
    (2) A criminal history records check must include the results of the 
records check or certification by the air carrier that a check was 
completed and did not uncover a disqualifying conviction. These records 
must be maintained in a manner that protects the confidentiality of the 
employee, which is acceptable to the Assistant Administrator for Civil 
Aviation Security.

[Doc. No. 26763, 60 FR 51869, Oct. 3, 1995, as amended by Amdt. 108-12, 
60 FR 55657, Nov. 2, 1995]



PART 109--INDIRECT AIR CARRIER SECURITY--Table of Contents




Sec.
109.1  Applicability.
109.3  Security program.
109.5  Approval of security programs and amendments.

    Authority: 49 U.S.C. 106(g), 5103, 40113, 40119, 44701-44702, 44705, 
44901-44905, 44907, 44913-44914, 44932, 44935-44936, 46105.



Sec. 109.1  Applicability.

    (a) This part prescribes aviation security rules governing each air 
carrier, including each air freight forwarder and each cooperative 
shippers' association, engaged indirectly in air transportation of 
property;
    (b) For the purposes of this part, property means any package cargo.

[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979]



Sec. 109.3  Security program.

    (a) Each indirect air carrier shall adopt and carry out a security 
program that--

[[Page 321]]

    (1) Is designed to prevent or deter the unauthorized introduction of 
any explosive or incendiary device into any package cargo intended for 
carriage by air;
    (2) Is in writing and signed by the carrier or any person delegated 
authority in this matter;
    (3) Includes a system of security safeguards acceptable to the 
Administrator; and
    (4) Has been approved by the Administrator.
    (b) Each indirect air carrier shall maintain at least one complete 
copy of its security program at its principal business office, and a 
complete copy or the pertinent portions of its security program or 
appropriate implementing instructions at each office where package cargo 
is accepted, and shall make those documents available for inspection 
upon request of any Civil Aviation Security Special Agent.
    (c) Each indirect air carrier shall--
    (1) Restrict the distribution, disclosure, and availability of 
information contained in the security program to persons with an 
operational need-to-know;
    (2) Require those persons to keep that information confidential; and
    (3) Refer requests for such information to the Director of Civil 
Aviation Security of the FAA.

[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979, as amended by Amdt. 109-1, 
54 FR 39293, Sept. 25, 1989]



Sec. 109.5  Approval of security programs and amendments.

    (a) Each indirect air carrier shall submit its security program to 
the Administrator for approval. Each carrier engaged in the air 
transportation of property before December 13, 1979, shall submit its 
program no later than January 14, 1980. Each carrier not engaged in air 
transportation or intrastate air transportation of property before 
December 13, 1979, shall submit its program at least 30 days before the 
date it intends to engage in that transportation.
    (b) Within 30 days after receipt of the program, the Administrator 
either approves the program or notifies the carrier as to modifications 
necessary for the program to comply with this part.
    (c) Any person notified pursuant to paragraph (b) of this section 
may petition the Administrator to reconsider the notice to modify within 
30 days after receipt of the notice and, except in the case of any 
emergency requiring immediate action in the interest of safety, the 
filing of the petition stays the notice pending a decision by the 
Administrator.
    (d) The Administrator may order amendment of an approved security 
program, if it is determined that safety and the public interest require 
the amendment, as follows:
    (1) The Administrator notifies the carrier, in writing, of the 
proposed amendment, fixing a period of not less than 30 days within 
which it may submit written information, views, and arguments on the 
amendment.
    (2) After considering all relevant material, the Administrator 
notifies the carrier of any amendment adopted, or rescinds the notice of 
the proposed amendment. The amendment becomes effective not less than 30 
days after such person receives the notice, unless it petitions the 
Administrator to reconsider the amendment, in which case the effective 
date is stayed by the Administrator.
    (3) If the Adminstrator finds that there is an emergency requiring 
immediate action with respect to safety in air transportation or in air 
commerce that makes the procedure in this paragraph impracticable or 
contrary to the public interest he may issue an amendment, effective on 
the date the carrier receives notice of it, and not subject to stay. In 
such a case, the Administrator incorporates the findings and a brief 
statement of the reasons for it, in the notice of the amendment to be 
adopted.
    (e) A carrier may submit a request to the Administrator to amend its 
program. The application must be filed with the Administrator at least 
30 days before the date it proposes for the amendment to become 
effective, unless a shorter period is allowed by the Administrator. 
Within 15 days after receipt of a proposed amendment, the Administrator 
either approves or denies the request. Within 30 days after receiving 
from the Administrator a notice of refusal to approve the application 
for amendment, the applicant may

[[Page 322]]

petition the Administrator to reconsider the refusal to amend.

[Doc. No. 19840, 44 FR 72345, Dec. 13, 1979]

[[Page 323]]



SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS





PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table of Contents




                           Subpart A--General

Sec.
119.1  Applicability.
119.2  Compliance with 14 CFR part 119 or SFAR 38-2 of parts 121 and 135 
          of this chapter.
119.3  Definitions.
119.5  Certifications, authorizations, and prohibitions.
119.7  Operations specifications.
119.9  Use of business names.

Subpart B--Applicability of Operating Requirements to Different Kinds of 
        Operations Under Parts 121, 125, and 135 of This Chapter

119.21  Commercial operators engaged in intrastate common carriage and 
          direct air carriers.
119.23  Operators engaged in passenger-carrying operations, cargo 
          operations, or both with airplanes when common carriage is not 
          involved.
119.25  Rotorcraft operations: Direct air carriers and commercial 
          operators.

 Subpart C--Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of this 
                                 Chapter

119.31  Applicability.
119.33  General requirements.
119.35  Certificate application.
119.37  Contents of an Air Carrier Certificate or Operating Certificate.
119.39  Issuing or denying a certificate.
119.41  Amending a certificate.
119.43  Certificate holder's duty to maintain operations specifications.
119.45  [Reserved]
119.47  Maintaining a principal base of operations, main operations 
          base, and main maintenance base; change of address.
119.49  Contents of operations specifications.
119.51  Amending operations specifications.
119.53  Wet leasing of aircraft and other arrangements for 
          transportation by air.
119.55  Obtaining deviation authority to perform operations under a U.S. 
          military contract.
119.57  Obtaining deviation authority to perform an emergency operation.
119.59  Conducting tests and inspections.
119.61  Duration and surrender of certificate and operations 
          specifications.
119.63  Recency of operation.
119.65  Management personnel required for operations conducted under 
          part 121 of this chapter.
119.67  Management personnel: Qualifications for operations conducted 
          under part 121 of this chapter.
119.69  Management personnel required for operations conducted under 
          part 135 of this chapter.
119.71  Management personnel: Qualifications for operations conducted 
          under part 135 of this chapter.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    Source: Docket No. 28154, 60 FR 65913, Dec. 20, 1995, unless 
otherwise noted.



                           Subpart A--General



Sec. 119.1  Applicability.

    (a) This part applies to each person operating or intending to 
operate civil aircraft--
    (1) As an air carrier or commercial operator, or both, in air 
commerce; or
    (2) When common carriage is not involved, in operations of U.S.-
registered civil airplanes with a seat configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more.
    (b) This part prescribes--
    (1) The types of air operator certificates issued by the Federal 
Aviation Administration, including air carrier certificates and 
operating certificates;
    (2) The certification requirements an operator must meet in order to 
obtain and hold a certificate authorizing operations under part 121, 
125, or 135 of this chapter and operations specifications for each kind 
of operation to be conducted and each class and size of aircraft to be 
operated under part 121 or 135 of this chapter;
    (3) The requirements an operator must meet to conduct operations 
under

[[Page 324]]

part 121, 125, or 135 of this chapter and in operating each class and 
size of aircraft authorized in its operations specifications;
    (4) Requirements affecting wet leasing of aircraft and other 
arrangements for transportation by air;
    (5) Requirements for obtaining deviation authority to perform 
operations under a military contract and obtaining deviation authority 
to perform an emergency operation; and
    (6) Requirements for management personnel for operations conducted 
under part 121 or part 135 of this chapter.
    (c) Persons subject to this part must comply with the other 
requirements of this chapter, except where those requirements are 
modified by or where additional requirements are imposed by part 119, 
121, 125, or 135 of this chapter.
    (d) This part does not govern operations conducted under part 129, 
133, 137, or 139 of this chapter.
    (e) Except for operations when common carriage is not involved 
conducted with airplanes having a passenger-seat configuration of 20 
seats or more, excluding any required crewmember seat, or a payload 
capacity of 6,000 pounds or more, this part does not apply to--
    (1) Student instruction;
    (2) Nonstop sightseeing flights conducted with aircraft having a 
passenger seat configuration of 30 or fewer, excluding each crewmember 
seat, and a payload capacity of 7,500 pounds or less, that begin and end 
at the same airport, and are conducted within a 25 statute mile radius 
of that airport; however, for nonstop sightseeing flights for 
compensation or hire conducted in the vicinity of the Grand Canyon 
National Park, Arizona, the requirements of SFAR 50-2 of this part and 
SFAR 38-2 of 14 CFR part 121 or 14 CFR part 119, as applicable, apply;
    (3) Ferry or training flights;
    (4) Aerial work operations, including--
    (i) Crop dusting, seeding, spraying, and bird chasing;
    (ii) Banner towing;
    (iii) Aerial photography or survey;
    (iv) Fire fighting;
    (v) Helicopter operations in construction or repair work (but it 
does apply to transportation to and from the site of operations); and
    (vi) Powerline or pipeline patrol;
    (5) Sightseeing flights conducted in hot air balloons;
    (6) Nonstop flights conducted within a 25 statute mile radius of the 
airport of takeoff carrying persons for the purpose of intentional 
parachute jumps;
    (7) Helicopter flights conducted within a 25 statute mile radius of 
the airport of takeoff if--
    (i) Not more than two passengers are carried in the helicopter in 
addition to the required flightcrew;
    (ii) Each flight is made under day VFR conditions;
    (iii) The helicopter used is certificated in the standard category 
and complies with the 100-hour inspection requirements of part 91 of 
this chapter;
    (iv) The operator notifies the FAA Flight Standards District Office 
responsible for the geographic area concerned at least 72 hours before 
each flight and furnishes any essential information that the office 
requests;
    (v) The number of flights does not exceed a total of six in any 
calendar year;
    (vi) Each flight has been approved by the Administrator; and
    (vii) Cargo is not carried in or on the helicopter;
    (8) Operations conducted under part 133 of this chapter or 375 of 
this title;
    (9) Emergency mail service conducted under 49 U.S.C. 41906; or
    (10) Operations conducted under the provisions of Sec. 91.321 of 
this chapter.



Sec. 119.2   Compliance with 14 CFR part 119 or SFAR 38-2 of parts 121 and 135 of this chapter.

    (a) Each certificate holder that before January 19, 1996, was issued 
an air carrier certificate or operating certificate and operations 
specifications under the requirements of part 121, 135, or SFAR 38-2 of 
parts 121 and 135 of this chapter shall continue to comply with SFAR 38-
2 of parts 121 and 135 of this chapter until March 20, 1997, or until 
the date on which the certificate holder is issued operations 
specifications in accordance with part 119, whichever occurs first. In 
addition, persons conducting operations under SFAR 38-2 of parts 121 and 
135 of this chapter shall continue to comply with the applicable

[[Page 325]]

requirements of Secs. 121.6, 121.57, 121.59, 121.61, 121.71 through 
121.83. 135.5. 135.11(c), 135.15, 135.17, 135.27. 135.29, 135.33, 
135.35. 135.37. and 135.39 of this chapter as in effect on January 18, 
1996, until March 20, 1997, or until the date on which the certificate 
holder is issued operations specifications in accordance with part 119, 
whichever occurs first. If a certificate holder is issued operations 
specifications in accordance with part 119 before March 20, 1997, then, 
notwithstanding all provisions in SFAR 38-2 of parts 121 and 135 of this 
chapter, such certificate holder shall comply with the provisions of 
part 119.
    A copy of these regulations may be obtained from the Federal 
Aviation Administration, Office of Rulemaking (ARM), 800 Independence 
Ave., SW., Washington, DC 20591, or by phone (202) 267-9677.
    (b) Each person who on or after January 19, 1996, applies for or 
obtains an initial air carrier certificate or operating certificate and 
operations specifications to conduct operations under part 121 or 135 of 
this chapter shall comply with this part, notwithstanding all provisions 
of SFAR 38-2 of parts 121 and 135 of this chapter.

[Doc. No. 28154, 61 FR 30433, June 14, 1996]



Sec. 119.3  Definitions.

    For the purpose of subchapter G of this chapter, the term--
    All-cargo operation means any operation for compensation or hire 
that is other than a passenger-carrying operation or, if passengers are 
carried, they are only those specified in Secs. 121.583(a) or 135.85 of 
this chapter.
    Certificate-holding district office means the Flight Standards 
District Office that has responsibility for administering the 
certificate and is charged with the overall inspection of the 
certificate holder's operations.
    Commuter operation means any scheduled operation conducted by any 
person operating one of the following types of aircraft with a frequency 
of operations of at least five round trips per week on at least one 
route between two or more points according to the published flight 
schedules:
    (1) Airplanes, other than turbojet powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less; 
or
    (2) Rotorcraft.
    Direct air carrier means a person who provides or offers to provide 
air transportation and who has control over the operational functions 
performed in providing that transportation.
    Domestic operation means any scheduled operation conducted by any 
person operating any airplane described in paragraph (1) of this 
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any points within the 48 contiguous States of the United 
States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the United 
States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or possession 
of the United States; or
    (iv) When specifically authorized by the Administrator, operations 
between any point within the 48 contiguous States of the United States 
or the District of Columbia and any specifically authorized point 
located outside the 48 contiguous States of the United States or the 
District of Columbia.
    Empty weight means the weight of the airframe, engines, propellers, 
rotors, and fixed equipment. Empty weight excludes the weight of the 
crew and payload, but includes the weight of all fixed ballast, unusable 
fuel supply, undrainable oil, total quantity of engine coolant, and 
total quantity of hydraulic fluid.
    Flag operation means any scheduled operation conducted by any person 
operating any airplane described in paragraph (1) of this definition at 
the locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;

[[Page 326]]

    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of 
Hawaii or any territory or possession of the United States and any point 
outside the State of Alaska or the State of Hawaii or any territory or 
possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the United 
States or the District of Columbia and any point outside the 48 
contiguous States of the United States and the District of Columbia.
    (iii) Between any point outside the U.S. and another point outside 
the U.S.
    Justifiable aircraft equipment means any equipment necessary for the 
operation of the aircraft. It does not include equipment or ballast 
specifically installed, permanently or otherwise, for the purpose of 
altering the empty weight of an aircraft to meet the maximum payload 
capacity.
    Kind of operation means one of the various operations a certificate 
holder is authorized to conduct, as specified in its operations 
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
    Maximum payload capacity means:
    (1) For an aircraft for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable aircraft equipment, and 
less the operating load (consisting of minimum flightcrew, foods and 
beverages, and supplies and equipment related to foods and beverages, 
but not including disposable fuel or oil).
    (2) For all other aircraft, the maximum certificated takeoff weight 
of an aircraft, less the empty weight, less all justifiable aircraft 
equipment, and less the operating load (consisting of minimum fuel load, 
oil, and flightcrew). The allowance for the weight of the crew, oil, and 
fuel is as follows:
    (i) Crew--for each crewmember required by the Federal Aviation 
Regulations--
    (A) For male flight crewmembers--180 pounds.
    (B) For female flight crewmembers--140 pounds.
    (C) For male flight attendants--180 pounds.
    (D) For female flight attendants--130 pounds.
    (E) For flight attendants not identified by gender--140 pounds.
    (ii) Oil--350 pounds or the oil capacity as specified on the Type 
Certificate Data Sheet.
    (iii) Fuel--the minimum weight of fuel required by the applicable 
Federal Aviation Regulations for a flight between domestic points 174 
nautical miles apart under VFR weather conditions that does not involve 
extended overwater operations.
    Maximum zero fuel weight means the maximum permissible weight of an 
aircraft with no disposable fuel or oil. The zero fuel weight figure may 
be found in either the aircraft type certificate data sheet, the 
approved Aircraft Flight Manual, or both.
    Noncommon carriage means an aircraft operation for compensation or 
hire that does not involve a holding out to others.
    On-demand operation means any operation for compensation or hire 
that is one of the following:
    (1) Passenger-carrying operations in which the departure time, 
departure location, and arrival location are specifically negotiated 
with the customer or the customer's representative that are any of the 
following types of operations:
    (i) Common carriage operations conducted with airplanes, including 
turbojet-powered airplanes, having a passenger-seat configuration of 30 
seats or fewer, excluding each crewmember seat, and a payload capacity 
of 7,500 pounds or less, except that operations using a specific 
airplane that is also used in domestic or flag operations and that is so 
listed in the operations specifications as required by Sec. 119.49(a)(4) 
for those operations are considered supplemental operations;
    (ii) Noncommon or private carriage operations conducted with 
airplanes having a passenger-seat configuration of less than 20 seats, 
excluding each

[[Page 327]]

crewmember seat, and a payload capacity of less than 6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of 
the following types of aircraft with a frequency of operations of less 
than five round trips per week on at least one route between two or more 
points according to the published flight schedules:
    (i) Airplanes, other than turbojet powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less; 
or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes having a payload 
capacity of 7,500 pounds or less, or with rotorcraft.
    Passenger-carrying operation means any aircraft operation carrying 
any person, unless the only persons on the aircraft are those identified 
in Secs. 121.583(a) or 135.85 of this chapter, as applicable. An 
aircraft used in a passenger-carrying operation may also carry cargo or 
mail in addition to passengers.
    Principal base of operations means the primary operating location of 
a certificate holder as established by the certificate holder.
    Provisional airport means an airport approved by the Administrator 
for use by a certificate holder for the purpose of providing service to 
a community when the regular airport used by the certificate holder is 
not available.
    Regular airport means an airport used by a certificate holder in 
scheduled operations and listed in its operations specifications.
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator for which the certificate holder or its 
representative offers in advance the departure location, departure time, 
and arrival location. It does not include any operation that is charter 
operation.
    Supplemental operation means any common carriage operation for 
compensation or hire conducted with any airplane described in paragraph 
(1) of this definition that is a type of operation described in 
paragraph (2) of this definition:
    (1) Airplanes:
    (i) Airplanes having a passenger-seat configuration of more than 30 
seats, excluding each crewmember seat;
    (ii) Airplanes having a payload capacity of more than 7,500 pounds; 
or
    (iii) Each propeller-powered airplane having a passenger-seat 
configuration of more than 9 seats and less than 31 seats, excluding 
each crewmember seat, that is also used in domestic or flag operations 
and that is so listed in the operations specifications as required by 
Sec. 119.49(a)(4) for those operations; or
    (iv) Each turbojet powered airplane having a passenger seat 
configuration of 1 or more and less than 31 seats, excluding each 
crewmember seat, that is also used in domestic or flag operations and 
that is so listed in the operations specifications as required by 
Sec. 119.49(a)(4) for those operations.
    (2) Types of operation:
    (i) Passenger-carrying operations for which the departure time, 
departure location, and arrival location are specifically negotiated 
with the customer or the customer's representative; or
    (ii) All-cargo operations.
    Wet lease means any leasing arrangement whereby a person agrees to 
provide an entire aircraft and at least one crewmember. A wet lease does 
not include a code-sharing arrangement.
    When common carriage is not involved or operations not involving 
common carriage means any of the following:
    (1) Noncommon carriage.
    (2) Operations in which persons or cargo are transported without 
compensation or hire.
    (3) Operations not involving the transportation of persons or cargo.
    (4) Private carriage.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-1, 
61 FR 2609, Jan. 26, 1996; Amdt. 119-2, 61 FR 30433, June 14, 1996]



Sec. 119.5  Certifications, authorizations, and prohibitions.

    (a) A person authorized by the Administrator to conduct operations 
as a direct air carrier will be issued an Air Carrier Certificate.

[[Page 328]]

    (b) A person who is not authorized to conduct direct air carrier 
operations, but who is authorized by the Administrator to conduct 
operations as a U.S. commercial operator, will be issued an Operating 
Certificate.
    (c) A person who is not authorized to conduct direct air carrier 
operations, but who is authorized by the Administrator to conduct 
operations when common carriage is not involved as an operator of U.S.-
registered civil airplanes with a seat configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more, will 
be issued an Operating Certificate.
    (d) A person authorized to engage in common carriage under part 121 
or part 135 of this chapter, or both, shall be issued only one 
certificate authorizing such common carriage, regardless of the kind of 
operation or the class or size of aircraft to be operated.
    (e) A person authorized to engage in noncommon or private carriage 
under part 125 or part 135 of this chapter, or both, shall be issued 
only one certificate authorizing such carriage, regardless of the kind 
of operation or the class or size of aircraft to be operated.
    (f) A person conducting operations under more than one paragraph of 
Secs. 119.21, 119.23, or 119.25 shall conduct those operations in 
compliance with--
    (1) The requirements specified in each paragraph of those sections 
for the kind of operation conducted under that paragraph; and
    (2) The appropriate authorizations, limitations, and procedures 
specified in the operations specifications for each kind of operation.
    (g) No person may operate as a direct air carrier or as a commercial 
operator without, or in violation of, an appropriate certificate and 
appropriate operations specifications. No person may operate as a direct 
air carrier or as a commercial operator in violation of any deviation or 
exemption authority, if issued to that person or that person's 
representative.
    (h) A person holding an Operating Certificate authorizing noncommon 
or private carriage operations shall not conduct any operations in 
common carriage. A person holding an Air Carrier Certificate or 
Operating Certificate authorizing common carriage operations shall not 
conduct any operations in noncommon carriage.
    (i) No person may operate as a direct air carrier without holding 
appropriate economic authority from the Department of Transportation.
    (j) A certificate holder under this part may not operate aircraft 
under part 121 or part 135 of this chapter in a geographical area unless 
its operations specifications specifically authorize the certificate 
holder to operate in that area.



Sec. 119.7  Operations specifications.

    (a) Each certificate holder's operations specifications must 
contain--
    (1) The authorizations, limitations, and certain procedures under 
which each kind of operation, if applicable, is to be conducted; and
    (2) Certain other procedures under which each class and size of 
aircraft is to be operated.
    (b) Except for operations specifications paragraphs identifying 
authorized kinds of operations, operations specifications are not a part 
of a certificate.



Sec. 119.9  Use of business names.

    (a) A certificate holder under this part may not operate an aircraft 
under part 121 or part 135 of this chapter using a business name other 
than a business name appearing in the certificate holder's operations 
specifications.
    (b) Unless otherwise authorized by the Assistant Administrator for 
Civil Aviation Security, no person may operate an aircraft under part 
121 or part 135 of this chapter unless the name of the certificate 
holder who is operating the aircraft is legibly displayed on the 
aircraft and is clearly visible and readable from the outside of the 
aircraft to a person standing on the ground at any time except during 
flight time. The means of displaying the name on the aircraft and its 
readability must be acceptable to the Administrator.

[[Page 329]]



Subpart B--Applicability of Operating Requirements to Different Kinds of 
         Operations Under Part 121, 125, and 135 of This Chapter



Sec. 119.21   Commercial operators engaged in intrastate common carriage and direct air carriers.

    (a) Each person who conducts airplane operations as a commercial 
operator engaged in intrastate common carriage of persons or property 
for compensation or hire in air commerce, or as a direct air carrier, 
shall comply with the certification and operations specifications 
requirements in subpart C of this part, and shall conduct its:
    (1) Domestic operations in accordance with the applicable 
requirements of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements. However, based on a showing of safety in air commerce, the 
Administrator may permit persons who conduct domestic operations between 
any point located within Alaska's Aleutian Islands chain and any point 
in the State of Alaska to comply with the requirements applicable to 
flag operations contained in subpart U of part 121 of this chapter.
    (2) Flag operations in accordance with the applicable requirements 
of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (3) Supplemental operations in accordance with the applicable 
requirements of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements. However, based on a determination of safety in air 
commerce, the Administrator may authorize or require those operations to 
be conducted under paragraph (a)(1) or (a)(2) of this section.
    (4) Commuter operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (5) On-demand operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (b) Persons who are subject to the requirements of paragraph (a)(4) 
of this section may conduct those operations in accordance with the 
requirements of paragraph (a)(1) or (a)(2) of this section, provided 
they obtain authorization from the Administrator.
    (c) Persons who are subject to the requirements of paragraph (a)(5) 
of this section may conduct those operations in accordance with the 
requirements of paragraph (a)(3) of this section, provided they obtain 
authorization from the Administrator.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30433, June 14, 1996]



Sec. 119.23  Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved.

    (a) Each person who conducts operations when common carriage is not 
involved with airplanes having a passenger-seat configuration of 20 
seats or more, excluding each crewmember seat, or a payload capacity of 
6,000 pounds or more, shall, unless deviation authority is issued--
    (1) Comply with the certification and operations specifications 
requirements of part 125 of this chapter;
    (2) Conduct its operations with those airplanes in accordance with 
the requirements of part 125 of this chapter; and
    (3) Be issued operations specifications in accordance with those 
requirements.
    (b) Each person who conducts noncommon carriage (except as provided 
in Sec. 91.501(b) of this chapter) or private carriage operations for 
compensation or hire with airplanes having a passenger-seat 
configuration of less than 20 seats, excluding each crewmember seat, and 
a payload capacity of less than 6,000 pounds shall--
    (1) Comply with the certification and operations specifications 
requirements in subpart C of this part;
    (2) Conduct those operations in accordance with the requirements of 
part

[[Page 330]]

135 of this chapter, except for those requirements applicable only to 
commuter operations; and
    (3) Be issued operations specifications in accordance with those 
requirements.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.25  Rotorcraft operations: Direct air carriers and commercial operators.

    Each person who conducts rotorcraft operations for compensation or 
hire must comply with the certification and operations specifications 
requirements of Subpart C of this part, and shall conduct its:
    (a) Commuter operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (b) On-demand operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.



 Subpart C--Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of This 
                                 Chapter



Sec. 119.31  Applicability.

    This subpart sets out certification requirements and prescribes the 
content of operations specifications and certain other requirements for 
operations conducted under part 121 or part 135 of this chapter.



Sec. 119.33  General requirements.

    (a) A person may not operate as a direct air carrier unless that 
person--
    (1) Is a citizen of the United States;
    (2) Obtains an Air Carrier Certificate; and
    (3) Obtains operations specifications that prescribe the 
authorizations, limitations, and procedures under which each kind of 
operation must be conducted.
    (b) A person other than a direct air carrier may not conduct any 
commercial passenger or cargo aircraft operation for compensation or 
hire under part 121 or part 135 of this chapter unless that person--
    (1) Is a citizen of the United States;
    (2) Obtains an Operating Certificate; and
    (3) Obtains operations specifications that prescribe the 
authorizations, limitations, and procedures under which each kind of 
operation must be conducted.
    (c) Each applicant for a certificate under this part and each 
applicant for operations specifications authorizing a new kind of 
operation that is subject to Sec. 121.163 or Sec. 135.145 of this 
chapter shall conduct proving tests as authorized by the Administrator 
during the application process for authority to conduct operations under 
part 121 or part 135 of this chapter. All proving tests must be 
conducted in a manner acceptable to the Administrator. All proving tests 
must be conducted under the appropriate operating and maintenance 
requirements of part 121 or 135 of this chapter that would apply if the 
applicant were fully certificated. The Administrator will issue a letter 
of authorization to each person stating the various authorities under 
which the proving tests shall be conducted.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.35  Certificate application.

    (a) A person applying to the Administrator for an Air Carrier 
Certificate or Operating Certificate under this part (applicant) must 
submit an application--
    (1) In a form and manner prescribed by the Administrator; and
    (2) Containing any information the Administrator requires the 
applicant to submit.
    (b) Each applicant must submit the application to the Administrator 
at least 90 days before the date of intended operation.
    (c) Each applicant for the original issue of an operating 
certificate for the purpose of conducting intrastate common carriage 
operations under part 121 or part 135 of this chapter must submit

[[Page 331]]

an application in a form and manner prescribed by the Administrator to 
the Flight Standards District Office in whose area the applicant 
proposes to establish or has established his or her principal operations 
base of operations.
    (d) Each application submitted under paragraph (c) of this section 
must contain a signed statement showing the following:
    (1) For corporate applicants:
    (i) The name and address of each stockholder who owns 5 percent or 
more of the total voting stock of the corporation, and if that 
stockholder is not the sole beneficial owner of the stock, the name and 
address of each beneficial owner. An individual is considered to own the 
stock owned, directly or indirectly, by or for his or her spouse, 
children, grandchildren, or parents.
    (ii) The name and address of each director and each officer and each 
person employed or who will be employed in a management position 
described in Secs. 119.65 and 119.69, as applicable.
    (iii) The name and address of each person directly or indirectly 
controlling or controlled by the applicant and each person under direct 
or indirect control with the applicant.
    (2) For non-corporate applicants:
    (i) The name and address of each person having a financial interest 
therein the non-corporate applicant and the nature and extent of that 
interest.
    (ii) The name and address of each person employed or who will be 
employed in a management position described in Secs. 119.65 and 119.69, 
as applicable.
    (e) In addition, each applicant for the original issue of an 
operating certificate under paragraph (c) of this section must submit 
with the application a signed statement showing--
    (1) The financial information listed in paragraph (h) of this 
section; and
    (2) The nature and scope of its intended operation, including the 
name and address of each person, if any, with whom the applicant has a 
contract to provide services as a commercial operator and the scope, 
nature, date, and duration of each of those contracts.
    (f) Each applicant for, or holder of, a certificate issued under 
paragraph (c) of this section this part, shall notify the Administrator 
within 10 days after--
    (1) A change in any of the persons, or the names and addresses of 
any of the persons, submitted to the Administrator under paragraph 
(d)(1) or (d)(2) of this section; or
    (2) A change in the financial information submitted to the 
Administrator under paragraph (g) of this section that occurs while the 
application for the issue is pending before the FAA and that would make 
the applicant's financial situation substantially less favorable than 
originally reported.
    (g) Each applicant for the original issue of an operating 
certificate under paragraph (c) of this section must submit the 
following financial information:
    (1) A balance sheet that shows assets, liabilities, and net worth, 
as of a date not more than 60 days before the date of application.
    (2) An itemization of liabilities more than 60 days past due on the 
balance sheet date, if any, showing each creditor's name and address, a 
description of the liability, and the amount and due date of the 
liability.
    (3) An itemization of claims in litigation, if any, against the 
applicant as of the date of application showing each claimant's name and 
address and a description and the amount of the claim.
    (4) A detailed projection of the proposed operation covering 6 
complete months after the month in which the certificate is expected to 
be issued including--
    (i) Estimated amount and source of both operating and nonoperating 
revenue, including identification of its existing and anticipated income 
producing contracts and estimated revenue per mile or hour of operation 
by aircraft type;
    (ii) Estimated amount of operating and nonoperating expenses by 
expense objective classification; and
    (iii) Estimated net profit or loss for the period.
    (5) An estimate of the cash that will be needed for the proposed 
operations during the first 6 months after the month in which the 
certificate is expected to be issued, including--
    (i) Acquisition of property and equipment (explain);

[[Page 332]]

    (ii) Retirement of debt (explain);
    (iii) Additional working capital (explain);
    (iv) Operating losses other than depreciation and amortization 
(explain); and
    (v) Other (explain).
    (6) An estimate of the cash that will be available during the first 
6 months after the month in which the certificate is expected to be 
issued, from--
    (i) Sale of property or flight equipment (explain);
    (ii) New debt (explain);
    (iii) New equity (explain);
    (iv) Working capital reduction (explain);
    (v) Operations (profits) (explain);
    (vi) Depreciation and amortization (explain); and
    (vii) Other (explain).
    (7) A schedule of insurance coverage in effect on the balance sheet 
date showing insurance companies; policy numbers; types, amounts, and 
period of coverage; and special conditions, exclusions, and limitations.
    (8) Any other financial information that the Administrator requires 
to enable him to determine that the applicant has sufficient financial 
resources to conduct his or her operations with the degree of safety 
required in the public interest.
    (h) Each financial statement containing financial information 
required by paragraph (g) of this section must be based on accounts 
prepared and maintained on an accrual basis in accordance with generally 
accepted accounting principles applied on a consistent basis, and must 
contain the name and address of the applicant's public accounting firm, 
if any. Information submitted must be signed by an officer, owner, or 
partner of the applicant or certificate holder.



Sec. 119.37  Contents of an Air Carrier Certificate or Operating Certificate.

    The Air Carrier Certificate or Operating Certificate includes--
    (a) The certificate holder's name;
    (b) The location of the certificate holder's principal base of 
operations;
    (c) The certificate number;
    (d) The certificate's effective date; and
    (e) The name or the designator of the certificate-holding district 
office.



Sec. 119.39  Issuing or denying a certificate.

    (a) An applicant may be issued an Air Carrier Certificate or 
Operating Certificate if, after investigation, the Administrator finds 
that the applicant--
    (1) Meets the applicable requirements of this part;
    (2) Holds the economic authority applicable to the kinds of 
operations to be conducted, issued by the Department of Transportation, 
if required; and
    (3) Is properly and adequately equipped in accordance with the 
requirements of this chapter and is able to conduct a safe operation 
under appropriate provisions of part 121 or part 135 of this chapter and 
operations specifications issued under this part.
    (b) An application for a certificate may be denied if the 
Administrator finds that--
    (1) The applicant is not properly or adequately equipped or is not 
able to conduct safe operations under this subchapter;
    (2) The applicant previously held an Air Carrier Certificate or 
Operating Certificate which was revoked;
    (3) The applicant intends to or fills a key management position 
listed in Sec. 119.65(a) or Sec. 119.69(a), as applicable, with an 
individual who exercised control over or who held the same or a similar 
position with a certificate holder whose certificate was revoked, or is 
in the process of being revoked, and that individual materially 
contributed to the circumstances causing revocation or causing the 
revocation process;
    (4) An individual who will have control over or have a substantial 
ownership interest in the applicant had the same or similar control or 
interest in a certificate holder whose certificate was revoked, or is in 
the process of being revoked, and that individual materially contributed 
to the circumstances causing revocation or causing the revocation 
process; or
    (5) In the case of an applicant for an Operating Certificate for 
intrastate common carriage, that for financial

[[Page 333]]

reasons the applicant is not able to conduct a safe operation.



Sec. 119.41  Amending a certificate.

    (a) The Administrator may amend any certificate issued under this 
part if--
    (1) The Administrator determines, under 49 U.S.C. 44709 and part 13 
of this chapter, that safety in air commerce and the public interest 
requires the amendment; or
    (2) The certificate holder applies for the amendment and the 
certificate-holding district office determines that safety in air 
commerce and the public interest allows the amendment.
    (b) When the Administrator proposes to issue an order amending, 
suspending, or revoking all or part of any certificate, the procedure in 
Sec. 13.19 of this chapter applies.
    (c) When the certificate holder applies for an amendment of its 
certificate, the following procedure applies:
    (1) The certificate holder must file an application to amend its 
certificate with the certificate-holding district office at least 15 
days before the date proposed by the applicant for the amendment to 
become effective, unless the administrator approves filing within a 
shorter period; and
    (2) The application must be submitted to the certificate-holding 
district office in the form and manner prescribed by the Administrator.
    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning amendments of a 
certificate, the following procedure applies:
    (1) The petition for reconsideration must be made within 30 days 
after the certificate holder receives the notice of denial; and
    (2) The certificate holder must petition for reconsideration to the 
Director, Flight Standards Service.



Sec. 119.43  Certificate holder's duty to maintain operations specifications.

    (a) Each certificate holder shall maintain a complete and separate 
set of its operations specifications at its principal base of 
operations.
    (b) Each certificate holder shall insert pertinent excerpts of its 
operations specifications, or references thereto, in its manual and 
shall--
    (1) Clearly identify each such excerpt as a part of its operations 
specifications; and
    (2) State that compliance with each operations specifications 
requirement is mandatory.
    (c) Each certificate holder shall keep each of its employees and 
other persons used in its operations informed of the provisions of its 
operations specifications that apply to that employee's or person's 
duties and responsibilities.
Sec. 119.45  [Reserved]



Sec. 119.47  Maintaining a principal base of operations, main operations base, and main maintenance base; change of address.

    (a) Each certificate holder must maintain a principal base of 
operations. Each certificate holder may also establish a main operations 
base and a main maintenance base which may be located at either the same 
location as the principal base of operations or at separate locations.
    (b) At least 30 days before it proposes to establish or change the 
location of its principal base of operations, its main operations base, 
or its main maintenance base, a certificate holder must provide written 
notification to its certificate-holding district office.



Sec. 119.49  Contents of operations specifications.

    (a) Each certificate holder conducting domestic, flag, or commuter 
operations must obtain operations specifications containing all of the 
following:
    (1) The specific location of the certificate holder's principal base 
of operations and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial numbers of 
each

[[Page 334]]

aircraft authorized for use, each regular and alternate airport to be 
used in scheduled operations, and, except for commuter operations, each 
provisional and refueling airport.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (a)(4) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft or airport not listed.
    (5) Kinds of operations authorized.
    (6) Authorization and limitations for routes and areas of 
operations.
    (7) Airport limitations.
    (8) Time limitations, or standards for determining time limitations, 
for overhauling, inspecting, and checking airframes, engines, 
propellers, rotors, appliances, and emergency equipment.
    (9) Authorization for the method of controlling weight and balance 
of aircraft.
    (10) Interline equipment interchange requirements, if relevant.
    (11) Aircraft wet lease information required by Sec. 119.53(c).
    (12) Any authorized deviation and exemption granted from any 
requirement of this chapter.
    (13) Any other item the Administrator determines is necessary.
    (b) Each certificate holder conducting supplemental operations must 
obtain operations specifications containing all of the following:
    (1) The specific location of the certificate holder's principal base 
of operations, and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial number of 
each aircraft authorized for use.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (b)(4) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft not listed.
    (5) Kinds of operations authorized.
    (6) Authorization and limitations for routes and areas of 
operations.
    (7) Special airport authorizations and limitations.
    (8) Time limitations, or standards for determining time limitations, 
for overhauling, inspecting, and checking airframes, engines, 
propellers, appliances, and emergency equipment.
    (9) Authorization for the method of controlling weight and balance 
of aircraft.
    (10) Aircraft wet lease information required by Sec. 119.53(c).
    (11) Any authorization or requirement to conduct supplemental 
operations as provided by Sec. 119.21(a)(3) (i) or (ii).
    (12) Any authorized deviation or exemption from any requirement of 
this chapter.
    (13) Any other item the Administrator determines is necessary.
    (c) Each certificate holder conducting on-demand operations must 
obtain operations specifications containing all of the following:
    (1) The specific location of the certificate holder's principal base 
of operations, and if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the name 
and mailing address of the certificate holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.

[[Page 335]]

    (4) Kind and area of operations authorized.
    (5) Category and class of aircraft that may be used in those 
operations.
    (6) Type of aircraft, registration markings, and serial number of 
each aircraft that is subject to an airworthiness maintenance program 
required by Sec. 135.411(a)(2) of this chapter.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (c)(6) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft not listed.
    (7) Registration markings of each aircraft that is to be inspected 
under an approved aircraft inspection program under Sec. 135.419 of this 
chapter.
    (8) Time limitations or standards for determining time limitations, 
for overhauls, inspections, and checks for airframes, engines, 
propellers, rotors, appliances, and emergency equipment of aircraft that 
are subject to an airworthiness maintenance program required by 
Sec. 135.411(a)(2) of this chapter.
    (9) Additional maintenance items required by the Administrator under 
Sec. 135.421 of this chapter.
    (10) Aircraft wet lease information required by Sec. 119.53(c).
    (11) Any authorized deviation or exemption from any requirement of 
this chapter.
    (12) Any other item the Administrator determines is necessary.



Sec. 119.51  Amending operations specifications.

    (a) The Administrator may amend any operations specifications issued 
under this part if--
    (1) The Administrator determines that safety in air commerce and the 
public interest require the amendment; or
    (2) The certificate holder applies for the amendment, and the 
Administrator determines that safety in air commerce and the public 
interest allows the amendment.
    (b) Except as provided in paragraph (e) of this section, when the 
Administrator initiates an amendment to a certificate holder's 
operations specifications, the following procedure applies:
    (1) The certificate-holding district office notifies the certificate 
holder in writing of the proposed amendment.
    (2) The certificate-holding district office sets a reasonable period 
(but not less than 7 days) within which the certificate holder may 
submit written information, views, and arguments on the amendment.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
    (i) The adoption of the proposed amendment;
    (ii) The partial adoption of the proposed amendment; or
    (iii) The withdrawal of the proposed amendment.
    (4) If the certificate-holding district office issues an amendment 
to the operations specifications, it becomes effective not less than 30 
days after the certificate holder receives notice of it unless--
    (i) The certificate-holding district office finds under paragraph 
(e) of this section that there is an emergency requiring immediate 
action with respect to safety in air commerce; or
    (ii) The certificate holder petitions for reconsideration of the 
amendment under paragraph (d) of this section.
    (c) When the certificate holder applies for an amendment to its 
operations specifications, the following procedure applies:
    (1) The certificate holder must file an application to amend its 
operations specifications--
    (i) At least 90 days before the date proposed by the applicant for 
the amendment to become effective, unless a shorter time is approved, in 
cases of mergers; acquisitions of airline operational assets that 
require an additional showing of safety (e.g., proving tests); changes 
in the kind of operation

[[Page 336]]

as defined in Sec. 119.3; resumption of operations following a 
suspension of operations as a result of bankruptcy actions; or the 
initial introduction of aircraft not before proven for use in air 
carrier or commercial operator operations.
    (ii) At least 15 days before the date proposed by the applicant for 
the amendment to become effective in all other cases.
    (2) The application must be submitted to the certificate-holding 
district office in a form and manner prescribed by the Administrator.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
    (i) The adoption of the applied for amendment;
    (ii) The partial adoption of the applied for amendment; or
    (iii) The denial of the applied for amendment. The certificate 
holder may petition for reconsideration of a denial under paragraph (d) 
of this section.
    (4) If the certificate-holding district office approves the 
amendment, following coordination with the certificate holder regarding 
its implementation, the amendment is effective on the date the 
Administrator approves it.
    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning the amendment of 
operations specifications, the following procedure applies:
    (1) The certificate holder must petition for reconsideration of that 
decision within 30 days of the date that the certificate holder receives 
a notice of denial of the amendment to its operations specifications, or 
of the date it receives notice of an FAA-initiated amendment to its 
operations specifications, whichever circumstance applies.
    (2) The certificate holder must address its petition to the 
Director, Flight Standards Service.
    (3) A petition for reconsideration, if filed within the 30-day 
period, suspends the effectiveness of any amendment issued by the 
certificate-holding district office unless the certificate-holding 
district office has found, under paragraph (e) of this section, that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce.
    (4) If a petition for reconsideration is not filed within 30 days, 
the procedures of paragraph (c) of this section apply.
    (e) If the certificate-holding district office finds that an 
emergency exists requiring immediate action with respect to safety in 
air commerce or air transportation that makes the procedures set out in 
this section impracticable or contrary to the public interest:
    (1) The certificate-holding district office amends the operations 
specifications and makes the amendment effective on the day the 
certificate holder receives notice of it.
    (2) In the notice to the certificate holder, the certificate-holding 
district office articulates the reasons for its finding that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce or that makes it impracticable or 
contrary to the public interest to stay the effectiveness of the 
amendment.



Sec. 119.53  Wet leasing of aircraft and other arrangements for transportation by air.

    (a) Unless otherwise authorized by the Administrator, prior to 
conducting operations involving a wet lease, each certificate holder 
under this part authorized to conduct common carriage operations under 
this subchapter shall provide the Administrator with a copy of the wet 
lease to be executed which would lease the aircraft to any other person 
engaged in common carriage operations under this subchapter, including 
foreign air carriers, or to any other foreign person engaged in common 
carriage wholly outside the United States.
    (b) No certificate holder under this part may wet lease from a 
foreign air carrier or any other foreign person or any person not 
authorized to engage in common carriage.
    (c) Upon receiving a copy of a wet lease, the Administrator 
determines which party to the agreement has operational control of the 
aircraft and issues amendments to the operations specifications of each 
party to the agreement, as needed. The lessor must

[[Page 337]]

provide the following information to be incorporated into the operations 
specifications of both parties, as needed.
    (1) The names of the parties to the agreement and the duration 
thereof.
    (2) The nationality and registration markings of each aircraft 
involved in the agreement.
    (3) The kind of operation (e.g., domestic, flag, supplemental, 
commuter, or on-demand).
    (4) The airports or areas of operation.
    (5) A statement specifying the party deemed to have operational 
control and the times, airports, or areas under which such operational 
control is exercised.
    (d) In making the determination of paragraph (c) of this section, 
the Administrator will consider the following:
    (1) Crewmembers and training.
    (2) Airworthiness and performance of maintenance.
    (3) Dispatch.
    (4) Servicing the aircraft.
    (5) Scheduling.
    (6) Any other factor the Administrator considers relevant.
    (e) Other arrangements for transportation by air: Except as provided 
in paragraph (f) of this section, a certificate holder under this part 
operating under part 121 or 135 of this chapter may not conduct any 
operation for another certificate holder under this part or a foreign 
air carrier under part 129 of this chapter or a foreign person engaged 
in common carriage wholly outside the United States unless it holds 
applicable Department of Transportation economic authority, if required, 
and is authorized under its operations specifications to conduct the 
same kinds of operations (as defined in Sec. 119.3). The certificate 
holder conducting the substitute operation must conduct that operation 
in accordance with the same operations authority held by the certificate 
holder arranging for the substitute operation. These substitute 
operations must be conducted between airports for which the substitute 
certificate holder holds authority for scheduled operations or within 
areas of operations for which the substitute certificate holder has 
authority for supplemental or on-demand operations.
    (f) A certificate holder under this part may, if authorized by the 
Department of Transportation under Sec. 380.3 of this title and the 
Administrator in the case of interstate commuter, interstate domestic, 
and flag operations, or the Administrator in the case of scheduled 
intrastate common carriage operations, conduct one or more flights for 
passengers who are stranded because of the cancellation of their 
scheduled flights. These flights must be conducted under the rules of 
part 121 or part 135 of this chapter applicable to supplemental or on-
demand operations.



Sec. 119.55  Obtaining deviation authority to perform operations under a U.S. military contract.

    (a) The Administrator may authorize a certificate holder that is 
authorized to conduct supplemental or on-demand operations to deviate 
from the applicable requirements of this part, part 121, or part 135 of 
this chapter in order to perform operations under a U.S. military 
contract.
    (b) A certificate holder that has a contract with the U.S. 
Department of Defense's Air Mobility Command (AMC) must submit a request 
for deviation authority to AMC. AMC will review the requests, then 
forward the carriers' consolidated requests, along with AMC's 
recommendations, to the FAA for review and action.
    (c) The Administrator may authorize a deviation to perform 
operations under a U.S. military contract under the following 
conditions--
    (1) The Department of Defense certifies to the Administrator that 
the operation is essential to the national defense;
    (2) The Department of Defense further certifies that the certificate 
holder cannot perform the operation without deviation authority;
    (3) The certificate holder will perform the operation under a 
contract or subcontract for the benefit of a U.S. armed service; and
    (4) The Administrator finds that the deviation is based on grounds 
other than economic advantage either to the certificate holder or to the 
United States.
    (d) In the case where the Administrator authorizes a deviation under 
this section, the Administrator will issue an appropriate amendment to 
the

[[Page 338]]

certificate holder's operations specifications.
    (e) The Administrator may, at any time, terminate any grant of 
deviation authority issued under this section.



Sec. 119.57  Obtaining deviation authority to perform an emergency operation.

    (a) In emergency conditions, the Administrator may authorize 
deviations if--
    (1) Those conditions necessitate the transportation of persons or 
supplies for the protection of life or property; and
    (2) The Administrator finds that a deviation is necessary for the 
expeditious conduct of the operations.
    (b) When the Administrator authorizes deviations for operations 
under emergency conditions--
    (1) The Administrator will issue an appropriate amendment to the 
certificate holder's operations specifications; or
    (2) If the nature of the emergency does not permit timely amendment 
of the operations specifications--
    (i) The Administrator may authorize the deviation orally; and
    (ii) The certificate holder shall provide documentation describing 
the nature of the emergency to the certificate-holding district office 
within 24 hours after completing the operation.



Sec. 119.59  Conducting tests and inspections.

    (a) At any time or place, the Administrator may conduct an 
inspection or test to determine whether a certificate holder under this 
part is complying with title 49 of the United States Code, applicable 
regulations, the certificate, or the certificate holder's operations 
specifications.
    (b) The certificate holder must--
    (1) Make available to the Administrator at the certificate holder's 
principal base of operations--
    (i) The certificate holder's Air Carrier Certificate or the 
certificate holder's Operating Certificate and the certificate holder's 
operations specifications; and
    (ii) A current listing that will include the location and persons 
responsible for each record, document, and report required to be kept by 
the certificate holder under title 49 of the United States Code 
applicable to the operation of the certificate holder.
    (2) Allow the Administrator to make any test or inspection to 
determine compliance respecting any matter stated in paragraph (a) of 
this section.
    (c) Each employee of, or person used by, the certificate holder who 
is responsible for maintaining the certificate holder's records must 
make those records available to the Administrator.
    (d) The Administrator may determine a certificate holder's continued 
eligibility to hold its certificate and/or operations specifications on 
any grounds listed in paragraph (a) of this section, or any other 
appropriate grounds.
    (e) Failure by any certificate holder to make available to the 
Administrator upon request, the certificate, operations specifications, 
or any required record, document, or report is grounds for suspension of 
all or any part of the certificate holder's certificate and operations 
specifications.
    (f) In the case of operators conducting intrastate common carriage 
operations, these inspections and tests include inspections and tests of 
financial books and records.



Sec. 119.61  Duration and surrender of certificate and operations specifications.

    (a) An Air Carrier Certificate or Operating Certificate issued under 
this part is effective until--
    (1) The certificate holder surrenders it to the Administrator; or
    (2) The Administrator suspends, revokes, or otherwise terminates the 
certificate.
    (b) Operations specifications issued under this part, part 121, or 
part 135 of this chapter are effective unless--
    (1) The Administrator suspends, revokes, or otherwise terminates the 
certificate;
    (2) The operations specifications are amended as provided in 
Sec. 119.51;
    (3) The certificate holder does not conduct a kind of operation for 
more than the time specified in Sec. 119.63 and fails to follow the 
procedures of Sec. 119.63 upon resuming that kind of operation; or

[[Page 339]]

    (4) The Administrator suspends or revokes the operations 
specifications for a kind of operation.
    (c) Within 30 days after a certificate holder terminates operations 
under part 135 of this chapter, the operating certificate and operations 
specifications must be surrendered by the certificate holder to the 
certificate-holding district office.



Sec. 119.63  Recency of operation.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may conduct a kind of operation for which it holds 
authority in its operations specifications unless the certificate holder 
has conducted that kind of operation within the preceding number of 
consecutive calendar days specified in this paragraph:
    (1) For domestic, flag, or commuter operations--30 days.
    (2) For supplemental or on-demand operations--90 days, except that 
if the certificate holder has authority to conduct domestic, flag, or 
commuter operations, and has conducted domestic, flag or commuter 
operations within the previous 30 days, this paragraph does not apply.
    (b) If a certificate holder does not conduct a kind of operation for 
which it is authorized in its operations specifications within the 
number of calendar days specified in paragraph (a) of this section, it 
shall not conduct such kind of operation unless--
    (1) It advises the Administrator at least 5 consecutive calendar 
days before resumption of that kind of operation; and
    (2) It makes itself available and accessible during the 5 
consecutive calendar day period in the event that the FAA decides to 
conduct a full inspection reexamination to determine whether the 
certificate holder remains properly and adequately equipped and able to 
conduct a safe operation.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.65  Management personnel required for operations conducted under part 121 of this chapter.

    (a) Each certificate holder must have sufficient qualified 
management and technical personnel to ensure the highest degree of 
safety in its operations. The certificate holder must have qualified 
personnel serving full-time in the following or equivalent positions:
    (1) Director of Safety.
    (2) Director of Operations.
    (3) Chief Pilot.
    (4) Director of Maintenance.
    (5) Chief Inspector.
    (b) The Administrator may approve positions or numbers of positions 
other than those listed in paragraph (a) of this section for a 
particular operation if the certificate holder shows that it can perform 
the operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel due to--
    (1) The kind of operation involved;
    (2) The number and type of airplanes used; and
    (3) The area of operations.
    (c) The title of the positions required under paragraph (a) of this 
section or the title and number of equivalent positions approved under 
paragraph (b) of this section shall be set forth in the certificate 
holder's operations specifications.
    (d) The individuals who serve in the positions required or approved 
under paragraph (a) or (b) of this section and anyone in a position to 
exercise control over operations conducted under the operating 
certificate must--
    (1) Be qualified through training, experience, and expertise;
    (2) To the extent of their responsibilities, have a full 
understanding of the following materials with respect to the certificate 
holder's operation--
    (i) Aviation safety standards and safe operating practices;
    (ii) 14 CFR Chapter I (Federal Aviation Regulations);
    (iii) The certificate holder's operations specifications;
    (iv) All appropriate maintenance and airworthiness requirements of 
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of 
this chapter); and
    (v) The manual required by Sec. 121.133 of this chapter; and
    (3) Discharge their duties to meet applicable legal requirements and 
to maintain safe operations.
    (e) Each certificate holder must:

[[Page 340]]

    (1) State in the general policy provisions of the manual required by 
Sec. 121.133 of this chapter, the duties, responsibilities, and 
authority of personnel required under paragraph (a) of this section;
    (2) List in the manual the names and business addresses of the 
individuals assigned to those positions; and
    (3) Notify the certificate-holding district office within 10 days of 
any change in personnel or any vacancy in any position listed.



Sec. 119.67  Management personnel: Qualifications for operations conducted under part 121 of this chapter.

    (a) To serve as Director of Operations under Sec. 119.65(a) a person 
must--
    (1) Hold an airline transport pilot certificate;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted with large airplanes under part 121 or 
part 135 of this chapter, or if the certificate holder uses only small 
airplanes in its operations, the experience may be obtained in large or 
small airplanes; and
    (3) In the case of a person becoming a Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of a large airplane 
operated under part 121 or part 135 of this chapter, if the certificate 
holder operates large airplanes. If the certificate holder uses only 
small airplanes in its operation, the experience may be obtained in 
either large or small airplanes.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience as pilot in command of a 
large airplane operated under part 121 or part 135 of this chapter, if 
the certificate holder operates large airplanes. If the certificate 
holder uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (b) To serve as Chief Pilot under Sec. 119.65(a) a person must hold 
an airline transport pilot certificate with appropriate ratings for at 
least one of the airplanes used in the certificate holder's operation 
and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of a large airplane operated under part 121 or part 135 
of this chapter, if the certificate holder operates large airplanes. If 
the certificate holder uses only small airplanes in its operation, the 
experience may be obtained in either large or small airplanes.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience, as pilot in command of a large 
airplane operated under part 121 or part 135 of this chapter, if the 
certificate holder operates large airplanes. If the certificate holder 
uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (c) To serve as Director of Maintenance under Sec. 119.65(a) a 
person must--
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings;
    (2) Have 1 year of experience in a position responsible for 
returning airplanes to service;
    (3) Have at least 1 year of experience in a supervisory capacity 
under either paragraph (c)(4)(i) or (c)(4)(ii) of this section 
maintaining the same category and class of airplane as the certificate 
holder uses; and
    (4) Have 3 years experience within the past 6 years in one or a 
combination of the following--
    (i) Maintaining large airplanes with 10 or more passenger seats, 
including at the time of appointment as Director of Maintenance, 
experience in maintaining the same category and class of airplane as the 
certificate holder uses; or
    (ii) Repairing airplanes in a certificated airframe repair station 
that is rated to maintain airplanes in the same category and class of 
airplane as the certificate holder uses.
    (d) To serve as Chief Inspector under Sec. 119.65(a) a person must--
    (1) Hold a mechanic certificate with both airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years of maintenance experience on different 
types of

[[Page 341]]

large airplanes with 10 or more passenger seats with an air carrier or 
certificated repair station, 1 year of which must have been as 
maintenance inspector; and
    (3) Have at least 1 year of experience in a supervisory capacity 
maintaining the same category and class of aircraft as the certificate 
holder uses.
    (e) A certificate holder may request a deviation to employ a person 
who does not meet the appropriate airman, managerial, or supervisory 
experience requirements of this section if the Manager of the Air 
Transportation Division or the Manager of the Aircraft Maintenance 
Division of the FAA Flight Standards Service finds that the person has 
comparable experience, and can effectively perform the functions 
associated with the position in accordance with the Federal Aviation 
Regulations and the procedures outlined in the certificate holder's 
manual. Grants of deviation under this paragraph may be granted after 
consideration of the size and scope of the operation and the 
qualifications of the intended personnel. The Administrator may, at any 
time, terminate any grant of deviation authority issued under this 
paragraph.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.69  Management personnel required for operations conducted under part 135 of this chapter.

    (a) Each certificate holder must have sufficient qualified 
management and technical personnel to ensure the safety of its 
operations. Except for a certificate holder using only one pilot in its 
operations, the certificate holder must have qualified personnel serving 
in the following or equivalent positions:
    (1) Director of Operations.
    (2) Chief Pilot.
    (3) Director of Maintenance.
    (b) The Administrator may approve positions or numbers of positions 
other than those listed in paragraph (a) of this section for a 
particular operation if the certificate holder shows that it can perform 
the operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel due to--
    (1) The kind of operation involved;
    (2) The number and type of aircraft used; and
    (3) The area of operations.
    (c) The title of the positions required under paragraph (a) of this 
section or the title and number of equivalent positions approved under 
paragraph (b) of this section shall be set forth in the certificate 
holder's operations specifications.
    (d) The individuals who serve in the positions required or approved 
under paragraph (a) or (b) of this section and anyone in a position to 
exercise control over operations conducted under the operating 
certificate must--
    (1) Be qualified through training, experience, and expertise;
    (2) To the extent of their responsibilities, have a full 
understanding of the following material with respect to the certificate 
holder's operation--
    (i) Aviation safety standards and safe operating practices;
    (ii) 14 CFR Chapter I (Federal Aviation Regulations);
    (iii) The certificate holder's operations specifications;
    (iv) All appropriate maintenance and airworthiness requirements of 
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of 
this chapter); and
    (v) The manual required by Sec. 135.21 of this chapter; and
    (3) Discharge their duties to meet applicable legal requirements and 
to maintain safe operations.
    (e) Each certificate holder must--
    (1) State in the general policy provisions of the manual required by 
Sec. 135.21 of this chapter, the duties, responsibilities, and authority 
of personnel required or approved under paragraph (a) or (b), 
respectively, of this section;
    (2) List in the manual the names and business addresses of the 
individuals assigned to those positions; and
    (3) Notify the certificate-holding district office within 10 days of 
any change in personnel or any vacancy in any position listed.



Sec. 119.71  Management personnel: Qualifications for operations conducted under part 135 of this chapter.

    (a) To serve as Director of Operations under Sec. 119.69(a) for a 
certificate holder conducting any operations for which

[[Page 342]]

the pilot in command is required to hold an airline transport pilot 
certificate a person must hold an airline transport pilot certificate 
and either:
    (1) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted under part 121 or part 135 of this 
chapter; or
    (2) In the case of a person becoming Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of an aircraft operated 
under part 121 or part 135 of this chapter.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience, as pilot in command of 
an aircraft operated under part 121 or part 135 of this chapter.
    (b) To serve as Director of Operations under Sec. 119.69(a) for a 
certificate holder that only conducts operations for which the pilot in 
command is required to hold a commercial pilot certificate, a person 
must hold at least a commercial pilot certificate with an instrument 
rating and either:
    (1) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted under part 121 or part 135 of this 
chapter; or
    (2) In the case of a person becoming Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of an aircraft operated 
under part 121 or part 135 of this chapter.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience as pilot in command of 
an aircraft operated under part 121 or part 135 of this chapter.
    (c) To serve as Chief Pilot under Sec. 119.69(a) for a certificate 
holder conducting any operation for which the pilot in command is 
required to hold an airline transport pilot certificate a person must 
hold an airline transport pilot certificate with appropriate ratings and 
be qualified to serve as pilot in command in at least one aircraft used 
in the certificate holder's operation and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of an aircraft operated under part 121 or part 135 of 
this chapter.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience as pilot in command of an 
aircraft operated under part 121 or part 135 of this chapter.
    (d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate 
holder that only conducts operations for which the pilot in command is 
required to hold a commercial pilot certificate, a person must hold at 
least a commercial pilot certificate with an instrument rating and be 
qualified to serve as pilot in command in at least one aircraft used in 
the certificate holder's operation and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of an aircraft operated under part 121 or part 135 of 
this chapter.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience as pilot in command of an 
aircraft operated under part 121 or part 135 of this chapter.
    (e) To serve as Director of Maintenance under Sec. 119.69(a) a 
person must hold a mechanic certificate with airframe and powerplant 
ratings and either:
    (1) Have 3 years of experience within the past 3 years maintaining 
aircraft as a certificated mechanic, including, at the time of 
appointment as Director of Maintenance, experience in maintaining the 
same category and class of aircraft as the certificate holder uses; or
    (2) Have 3 years of experience within the past 3 years repairing 
aircraft in a certificated airframe repair station, including 1 year in 
the capacity of approving aircraft for return to service.
    (f) A certificate holder may request a deviation to employ a person 
who does not meet the appropriate airman, managerial, or supervisory 
experience requirements of this section if the Manager of the Air 
Transportation Division

[[Page 343]]

or the Manager of the Aircraft Maintenance Division of the FAA Flight 
Standards Service finds that the person has comparable experience, and 
can effectively perform the functions associated with the position in 
accordance with 14 CFR Chapter I and the procedures outlined in the 
certificate holder's manual. Grants of deviation under this paragraph 
may be granted after consideration of the size and scope of the 
operation and the qualifications of the intended personnel. The 
Administrator may, at any time, terminate any grant of deviation 
authority issued under this paragraph.



PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS--Table of Contents




                  Special Federal Aviation Regulations

SFAR No. 14
SFAR No. 36
SFAR No. 38-2
SFAR No. 50-2 [Note]
SFAR No. 52 [Note]
SFAR No. 58

                           Subpart A--General

Sec.
121.1  Applicability.
121.2  Compliance schedule for operators that transition to part 121; 
          certain new entrant operators.
121.4  Applicability of rules to unauthorized operators.
121.11  Rules applicable to operations in a foreign country.
121.15  Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.

   Subpart B--Certification Rules for Domestic and Flag Air Carriers  
                               [Reserved]

    Subpart C--Certification Rules for Supplemental Air Carriers and 
                    Commercial Operators  [Reserved]

  Subpart D--Rules Governing All Certificate Holders Under This Part  
                               [Reserved]

       Subpart E--Approval of Routes: Domestic and Flag Operations

121.91  Applicability.
121.93  Route requirements: General.
121.95  Route width.
121.97  Airports: Required data.
121.99  Communications facilities.
121.101  Weather reporting facilities.
121.103  En route navigational facilities.
121.105  Servicing and maintenance facilities.
121.107  Dispatch centers.

   Subpart F--Approval of Areas and Routes for Supplemental Operations

121.111  Applicability.
121.113  Area and route requirements: General.
121.115  Route width.
121.117  Airports: Required data.
121.119  Weather reporting facilities.
121.121  En route navigational facilities.
121.123  Servicing maintenance facilities.
121.125  Flight following system.
121.127  Flight following system; requirements.

                     Subpart G--Manual Requirements

121.131  Applicability.
121.133  Preparation.
121.135  Contents.
121.137  Distribution and availability.
121.139  Requirement for manual aboard aircraft: Supplemental 
          operations.
121.141  Airplane flight manual.

                    Subpart H--Aircraft Requirements

121.151  Applicability.
121.153  Aircraft requirements: General.
121.155  [Reserved]
121.157  Aircraft certification and equipment requirements.
121.159  Single-engine airplanes prohibited.
121.161  Airplane limitations: Type of route.
121.163  Aircraft proving tests.

          Subpart I--Airplane Performance Operating Limitations

121.171  Applicability.
121.173  General.
121.175  Airplanes: Reciprocating engine-powered: Weight limitations.
121.177  Airplanes: Reciprocating engine-powered: Takeoff limitations.
121.179  Airplanes: Reciprocating engine-powered: En route limitations: 
          All engines operating.
121.181  Airplanes: Reciprocating engine-powered: En route limitations: 
          One engine inoperative.
121.183  Part 25 airplanes with four or more engines: Reciprocating 
          engine powered: En route limitations: Two engines inoperative.
121.185  Airplanes: Reciprocating engine-powered: Landing limitations: 
          Destination airport.
121.187  Airplanes: Reciprocating engine-powered: Landing limitations: 
          Alternate airport.
121.189  Airplanes: Turbine engine powered: Takeoff limitations.

[[Page 344]]

121.191  Airplanes: Turbine engine powered: En route limitations: One 
          engine inoperative.
121.193  Airplanes: Turbine engine powered: En route limitations: Two 
          engines inoperative.
121.195  Airplanes: Turbine engine powered: Landing limitations: 
          Destination airports.
121.197  Airplanes: Turbine engine powered: Landing limitations: 
          Alternate airports.
121.198  Cargo service airplanes: Increased zero fuel and landing 
          weights.
121.199  Nontransport category airplanes: Takeoff limitations.
121.201  Nontransport category airplanes: En route limitations: One 
          engine inoperative.
121.203  Nontransport category airplanes: Landing limitations: 
          Destination airport.
121.205  Nontransport category airplanes: Landing limitations: Alternate 
          airport.
121.207  Provisionally certificated airplanes: Operating limitations.

              Subpart J--Special Airworthiness Requirements

121.211  Applicability.
121.213  [Reserved]
121.215  Cabin interiors.
121.217  Internal doors.
121.219  Ventilation.
121.221  Fire precautions.
121.223  Proof of compliance with Sec. 121.221.
121.225  Propeller deicing fluid.
121.227  Pressure cross-feed arrangements.
121.229  Location of fuel tanks.
121.231  Fuel system lines and fittings.
121.233  Fuel lines and fittings in designated fire zones.
121.235  Fuel valves.
121.237  Oil lines and fittings in designated fire zones.
121.239  Oil valves.
121.241  Oil system drains.
121.243  Engine breather lines.
121.245  Fire walls.
121.247  Fire-wall construction.
121.249  Cowling.
121.251  Engine accessory section diaphragm.
121.253  Powerplant fire protection.
121.255  Flammable fluids.
121.257  Shutoff means.
121.259  Lines and fittings.
121.261  Vent and drain lines.
121.263  Fire-extinguishing systems.
121.265  Fire-extinguishing agents.
121.267  Extinguishing agent container pressure relief.
121.269  Extinguishing agent container compartment temperature.
121.271  Fire-extinguishing system materials.
121.273  Fire-detector systems.
121.275  Fire detectors.
121.277  Protection of other airplane components against fire.
121.279  Control of engine rotation.
121.281  Fuel system independence.
121.283  Induction system ice prevention.
121.285  Carriage of cargo in passenger compartments.
121.287  Carriage of cargo in cargo compartments.
121.289  Landing gear: Aural warning device.
121.291  Demonstration of emergency evacuation procedures.
121.293  Special airworthiness requirements for nontransport category 
          airplanes type certificated after December 31, 1964.

            Subpart K--Instrument and Equipment Requirements

121.301  Applicability.
121.303  Airplane instruments and equipment.
121.305  Flight and navigational equipment.
121.307  Engine instruments.
121.308  Lavatory fire protection.
121.309  Emergency equipment.
121.310  Additional emergency equipment.
121.311  Seats, safety belts, and shoulder harnesses.
121.312  Materials for compartment interiors.
121.313  Miscellaneous equipment.
121.314  Cargo and baggage compartments.
121.315  Cockpit check procedure.
121.316  Fuel tanks.
121.317  Passenger information.
121.318  Public address system.
121.319  Crewmember interphone system.
121.321  [Reserved]
121.323  Instruments and equipment for operations at night.
121.325  Instruments and equipment for operations under IFR or over-the-
          top.
121.327  Supplemental oxygen: Reciprocating engine powered airplanes.
121.329  Supplemental oxygen for sustenance: Turbine engine powered 
          airplanes.
121.331  Supplemental oxygen requirements for pressurized cabin 
          airplanes: Reciprocating engine powered airplanes.
121.333  Supplemental oxygen for emergency descent and for first aid; 
          turbine engine powered airplanes with pressured cabins.
121.335  Equipment standards.
121.337  Protective breathing equipment.
121.339  Emergency equipment for extended over-water operations.
121.340  Emergency flotation means.
121.341  Equipment for operations in icing conditions.
121.342  Pitot heat indication systems.
121.343  Flight recorders.
121.344  Flight recorders: Airplanes with a passenger seat configuration 
          of 10-30 passenger seats and a payload capacity of 7,500 
          pounds or less.
121.345  Radio equipment.

[[Page 345]]

121.347  Radio equipment for operations under VFR over routes navigated 
          by pilotage.
121.349  Radio equipment for operations under VFR over routes not 
          navigated by pilotage or for operations under IFR or over-the-
          top.
121.351  Radio equipment for extended overwater operations and for 
          certain other operations.
121.353  Emergency equipment for operations over uninhabited terrain 
          areas: Flag, supplemental, and certain domestic operators.
121.355  Equipment for operations on which specialized means of 
          navigation are used.
121.356  Traffic Alert and Collision Avoidance System.
121.357  Airborne weather radar equipment requirements.
121.358  Low-altitude windshear system equipment requirements.
121.359  Cockpit voice recorders.
121.360  Ground proximity warning-glide slope deviation alerting system.

     Subpart L--Maintenance, Preventive Maintenance, and Alterations

121.361  Applicability.
121.363  Responsibility for airworthiness.
121.365  Maintenance, preventive maintenance, and alteration 
          organization.
121.367  Maintenance, preventive maintenance, and alterations programs.
121.369  Manual requirements.
121.371  Required inspection personnel.
121.373  Continuing analysis and surveillance.
121.375  Maintenance and preventive maintenance training program.
121.377  Maintenance and preventive maintenance personnel duty time 
          limitations.
121.378  Certificate requirements.
121.379  Authority to perform and approve maintenance, preventive 
          maintenance, and alterations.
121.380  Maintenance recording requirements.
121.380a  Transfer of maintenance records.

              Subpart M--Airman and Crewmember Requirements

121.381  Applicability.
121.383  Airman: Limitations on use of services.
121.385  Composition of flight crew.
121.387  Flight engineer.
121.389  Flight navigator and specialized navigation equipment.
121.391  Flight attendants.
121.393  Crewmember requirements at stops where passengers remain on 
          board.
121.395  Aircraft dispatcher: Domestic and flag operations.
121.397  Emergency and emergency evacuation duties.

                       Subpart N--Training Program

121.400  Applicability and terms used.
121.401  Training program: General.
121.402  Training program: Special rules.
121.403  Training program: Curriculum.
121.404  Compliance dates: Crew and dispatcher resource management 
          training.
121.405  Training program and revision: Initial and final approval.
121.406  Credit for previous CRM/DRM training.
121.407  Training program: Approval of airplane simulators and other 
          training devices.
121.409  Training courses using airplane simulators and other training 
          devices.
121.411  Qualifications: Check airmen (airplane) and check airmen 
          (simulator).
121.412  Qualifications: Flight instructors (airplane) and flight 
          instructors (simulator).
121.413  Initial and transition training and checking requirements: 
          Check airmen (airplane), check airmen (simulator).
121.414  Initial and transition training and checking requirements: 
          flight instructors (airplane), flight instructors (simulator).
121.415  Crewmember and dispatcher training requirements.
121.417  Crewmember emergency training.
121.418  Differences training: Crewmembers and dispatchers.
121.419  Pilots and flight engineers: Initial, transition, and upgrade 
          ground training.
121.420  Flight navigators: Initial and transition ground training.
121.421  Flight attendants: Initial and transition ground training.
121.422  Aircraft dispatchers: Initial and transition ground training.
121.424  Pilots: Initial, transition and upgrade flight training.
121.425  Flight engineers: Initial and transition flight training.
121.426  Flight navigators: Initial and transition flight training.
121.427  Recurrent training.
121.429  Prohibited drugs.

                  Subpart O--Crewmember Qualifications

121.431  Applicability.
121.432  General.
121.433  Training required.
121.433a  Training requirements: Handling and carriage of dangerous 
          articles and magnetized materials.
121.434  Operating experience, operating cycles, and consolidation of 
          knowledge and skills.
121.437  Pilot qualification: Certificates required.

[[Page 346]]

121.438  Pilot operating limitations and pairing requirements.
121.439  Pilot qualification: Recent experience.
121.440  Line checks.
121.441  Proficiency checks.
121.443  Pilot in command qualification: Route and airports.
121.445  Pilot in command airport qualification: Special areas and 
          airports.
121.447  [Reserved]
121.453  Flight engineer qualifications.
121.455  Use of prohibited drugs.
121.457  Testing for prohibited drugs.
121.458  Misuse of alcohol.
121.459  Testing for alcohol.

       Subpart P--Aircraft Dispatcher Qualifications and Duty Time

Limitations: Domestic and Flag Operations; Flight Attendant Duty Period 
Limitations and Rest Requirements: Domestic, Flag, and Supplemental 
Operations
121.461  Applicability.
121.463  Aircraft dispatcher qualifications.
121.465  Aircraft dispatcher duty time limitations: Domestic and flag 
          operations.
121.467  Flight attendant duty period limitations and rest requirements: 
          Domestic, flag, and supplemental operations.

   Subpart Q--Flight Time Limitations and Rest Requirements: Domestic 
                               Operations

121.470  Applicability.
121.471  Flight time limitations and rest requirements: All flight 
          crewmembers.

           Subpart R--Flight Time Limitations: Flag Operations

121.480  Applicability.
121.481  Flight time limitations: One or two pilot crews.
121.483  Flight time limitations: Two pilots and one additional flight 
          crewmember.
121.485  Flight time limitations: Three or more pilots and an additional 
          flight crewmember.
121.487  Flight time limitations: Pilots not regularly assigned.
121.489  Flight time limitations: Other commercial flying.
121.491  Flight time limitations: Deadhead transportation.
121.493  Flight time limitations: Flight engineers and flight 
          navigators.

       Subpart S--Flight Time Limitations: Supplemental Operations

121.500  Applicability.
121.503  Flight time limitations: pilots: Airplanes.
121.505  Flight time limitations: two pilot crews: Airplanes.
121.507  Flight time limitations: Three pilot crews: airplanes.
121.509  Flight time limitations: Four pilot crews: airplanes.
121.511  Flight time limitations: Flight engineers: airplanes.
121.513  Flight time limitations: Overseas and international operations: 
          airplanes.
121.515  Flight time limitations: all airmen: Airplanes.
121.517  Flight time limitations: Other commercial flying: airplanes.
121.519  Flight time limitations: Deadhead transportation: airplanes.
121.521  Flight time limitations: Crew of two pilots and one additional 
          airman as required.
121.523  Flight time limitations: Crew of three or more pilots and 
          additional airmen as required.
121.525  Flight time limitations: Pilots serving in more than one kind 
          of flight crew.

                      Subpart T--Flight Operations

121.531  Applicability.
121.533  Responsibility for operational control: Domestic operations.
121.535  Responsibility for operational control: Flag operations.
121.537  Responsibility for operational control: Supplemental 
          operations.
121.538  Airplane security.
121.539  Operations notices.
121.541  Operations schedules: Domestic and flag operations.
121.542  Flight crewmember duties.
121.543  Flight crewmembers at controls.
121.545  Manipulation of controls.
121.547  Admission to flight deck.
121.548  Aviation safety inspector's credentials: Admission to pilot's 
          compartment.
121.549  Flying equipment.
121.550  Secret Service Agents: Admission to flight deck.
121.551  Restriction or suspension of operation: Domestic and flag 
          operations.
121.553  Restriction or suspension of operation: Supplemental 
          operations.
121.555  Compliance with approved routes and limitations: Domestic and 
          flag operations.
121.557  Emergencies: Domestic and flag operations.
121.559  Emergencies: Supplemental operations.
121.561  Reporting potentially hazardous meteorological conditions and 
          irregularities of ground and navigation facilities.
121.563  Reporting mechanical irregularities.
121.565  Engine inoperative: Landing; reporting.
121.567  Instrument approach procedures and IFR landing minimums.
121.569  Equipment interchange: Domestic and flag operations.
121.570  Airplane evacuation capability.

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121.571  Briefing passengers before takeoff.
121.573  Briefing passengers: Extended overwater operations.
121.574  Oxygen for medical use by passengers.
121.575  Alcoholic beverages.
121.576  Retention of items of mass in passenger and crew compartments.
121.577  Stowage of food, beverage, and passenger service equipment 
          during airplane movement on the surface, takeoff, and landing.
121.578  Cabin ozone concentration.
121.579  Minimum altitudes for use of auto-pilot.
121.581  Observer's seat: En route inspections.
121.583  Carriage of persons without compliance with the passenger-
          carrying requirements of this part.
121.585  Exit seating.
121.586  Authority to refuse transportation.
121.587  Closing and locking of flight crew compartment door.
121.589  Carry-on baggage.
121.590  Use of certificated land airports.

             Subpart U--Dispatching and Flight Release Rules

121.591  Applicability.
121.593  Dispatching authority: Domestic operations.
121.595  Dispatching authority: Flag operations.
121.597  Flight release authority: Supplemental operations.
121.599  Familiarity with weather conditions.
121.601  Aircraft dispatcher information to pilot in command: Domestic 
          and flag operations.
121.603  Facilities and services: Supplemental operations.
121.605  Airplane equipment.
121.607  Communication and navigation facilities: Domestic and flag 
          operations.
121.609  Communication and navigation facilities: Supplemental 
          operations.
121.611  Dispatch or flight release under VFR.
121.613  Dispatch or flight release under IFR or over the top.
121.615  Dispatch or flight release over water: Flag and supplemental 
          operations.
121.617  Alternate airport for departure.
121.619  Alternate airport for destination: IFR or over-the-top: 
          domestic operations.
121.621  Alternate airport for destination: Flag operations.
121.623  Alternate airport for destination: IFR or over-the-top: 
          supplemental operations.
121.625  Alternate airport weather minimums.
121.627  Continuing flight in unsafe conditions.
121.628  Inoperable instruments and equipment.
121.629  Operation in icing conditions.
121.631  Original dispatch or flight release, redispatch or amendment of 
          dispatch or flight release.
121.633  [Reserved]
121.635  Dispatch to and from refueling or provisional airports: 
          Domestic and flag operations.
121.637  Takeoffs from unlisted and alternate airports: Domestic and 
          flag operations.
121.639  Fuel supply: All domestic operations.
121.641  Fuel supply: Nonturbine and turbo-propeller-powered airplanes: 
          Flag operations.
121.643  Fuel supply: Nonturbine and turbo-propeller-powered airplanes; 
          supplemental operations.
121.645  Fuel supply: Turbine-engine powered airplanes, other than turbo 
          propeller: Flag and supplemental operations.
121.647  Factors for computing fuel required.
121.649  Takeoff and landing weather minimums: VFR: Domestic operations.
121.651  Takeoff and landing weather minimums: IFR: All certificate 
          holders.
121.652  Landing weather minimums: IFR: All certificate holders.
121.653  [Reserved]
121.655  Applicability of reported weather minimums.
121.657  Flight altitude rules.
121.659  Initial approach altitude: Domestic and supplemental 
          operations.
121.661  Initial approach altitude: Flag operations.
121.663  Responsibility for dispatch release: Domestic and flag 
          operations.
121.665  Load manifest.
121.667  Flight plan: VFR and IFR: Supplemental operations.

                     Subpart V--Records and Reports

121.681  Applicability.
121.683  Crewmember and dispatcher record.
121.685  Aircraft record: Domestic and flag operations.
121.687  Dispatch release: Flag and domestic operations.
121.689  Flight release form: Supplemental operations.
121.691  [Reserved]
121.693  Load manifest: All certificate holders.
121.695  Disposition of load manifest, dispatch release, and flight 
          plans: Domestic and flag operations.
121.697  Disposition of load manifest, flight release, and flight plans: 
          Supplemental operations.
121.698-121.699  [Reserved]
121.701  Maintenance log: Aircraft.

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121.703  Mechanical reliability reports.
121.705  Mechanical interruption summary report.
121.707  Alteration and repair reports.
121.709  Airworthiness release or aircraft log entry.
121.711  Communication records: Domestic and flag operations.
121.713  Retention of contracts and amendments: Commercial operators who 
          conduct intrastate operations for compensation or hire.

            Subpart W--Crewmember Certificate: International

121.721  Applicability.
121.723  Surrender of international crewmember certificate.

Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
Appendix B to Part 121--Aircraft Flight Recorder Specifications
Appendix C to Part 121--C-46 Nontransport Category Airplanes
Appendix D to Part 121--Criteria for Demonstration of Emergency 
          Evacuation Procedures Under Sec. 121.291
Appendix E to Part 121--Flight Training Requirements
Appendix F to Part 121--Proficiency Check Requirements
Appendix G to Part 121--Doppler Radar and Inertial Navigation System 
          (INS): Request for Evaluation; Equipment and Equipment 
          Installation; Training Program; Equipment Accuracy and 
          Reliability; Evaluation Program
Appendix H to Part 121--Advanced Simulation
Appendix I to Part 121--Drug Testing Program
Appendix J to Part 121--Alcohol Misuse Prevention Program
Appendix K to Part 121--Performance Requirements for Certain 
          Turbopropeller Powered Airplanes
Appendix L to Part 121--Type Certification Regulations Made Previously 
          Effective

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

                  Special Federal Aviation Regulations

                               SFAR No. 14

    Contrary performance provisions of the Civil Air Regulations 
notwithstanding, the Administrator may grant performance credit for the 
use of standby power on transport category airplanes. Such credit shall 
be applicable only to the maximum certificated take-off and landing 
weights, and the take-off distance, and the take-off paths, and shall 
not exceed that found by the Administrator to result in an over-all 
level of safety in the take-off, approach, and landing regimes of flight 
equivalent to that prescribed in the regulations under which the 
airplane was originally certificated without standby power. (Note: 
Standby power is power and/or thrust obtained from rocket engines for a 
relatively short period and actuated only in cases of emergency.) The 
following provisions shall apply:
    (1) Take-off; general. The take-off data prescribed in sections (2) 
and (3) shall be determined at all weights and altitudes, and at ambient 
temperatures if applicable, at which performance credit is to be 
applied.
    (2) Take-off path. (a) The one-engine-inoperative take-off path with 
standby power in use shall be determined in accordance with the 
performance requirements of the applicable airworthiness regulations.
    (b) The one-engine-inoperative take-off path (excluding that portion 
where the airplane is on or just above the take-off surface-determined 
in accordance with paragraph (a) of this section shall lie above the 
one/engine-inoperative take-off path without standby power at the 
maximum take/off weight at which all of the applicable airworthiness 
requirements are met. For the purpose of this comparison, the flight 
path shall be considered to extend to at least a height of 400 feet 
above the take-off surface.
    (c) The take-off path with all engines operating, but without the 
use of standby power, shall reflect a conservatively greater over-all 
level of performance than the one-engine-inoperative take-off path 
established in accordance with paragraph (a) of this section. The 
aforementioned margin shall be established by the Administrator to 
insure safe day-to-day operations, but in no case shall it be less than 
15 percent. The all-engines-operating take-off path shall be determined 
by a procedure consistent with that established in complying with 
paragraph (a) of this section.
    (d) For reciprocating-engine-powered airplanes, the take-off path to 
be scheduled in the Airplane Flight Manual shall represent the one-
engine-inoperative take-off path determined in accordance with paragraph 
(a) of this section and modified to reflect the procedure (see section 
(6)) established by the applicant for flap retraction and attainment of 
the en route speed. The scheduled take-off path shall have a positive 
slope at all points of the airborne portion and at no point shall it lie 
above the take-off path specified in paragraph (a) of this section.
    (3) Take-off distance. The take-off distance shall be the horizontal 
distance along the one/engine-inoperative take-off to the point where 
the airplane attains a height of 50 feet aove the take-off surface for 
reciprocating-engine-powered airplanes and a height of 35

[[Page 349]]

feet above the take-off surface for turbine-powered airplanes.
    (4) Maximum certificated take-off weights. The maximum certificated 
take-off weights shall be determined at all altitudes, and at ambient 
temperatures if applicable, at which performance credit is to be applied 
and shall not exceed the weights established in compliance with 
paragraphs (a) and (b) of this section.
    (a) The conditions of section (2) (b) through (d) shall be met at 
the maximum certificated take-off weight.
    (b) Without the use of standby power, the airplane shall meet all of 
the en route requirements of the applicable airworthiness regulations 
under which the airplane was originally certificated. In addition, 
turbine-powered airplanes without the use of standby power shall meet 
the final take-off climb requirements prescribed in the applicable 
airworthiness regulations.
    (5) Maximum certificated landing weights. (a) The maximum 
certificated landing weights (one-engine/inoperative approach and all-
engine/operating landing climb) shall be determined at all altitudes, 
and at ambient temperatures if applicable, at which performance credit 
is to be applied and shall not exceed that established in compliance 
with the provisions of paragraph (b) of this section.
    (b) The flight path, with the engines operating at the power and/or 
thrust appropriate to the airplane configuration and with standby power 
in use, shall lie above the flight path without standby power in use at 
the maximum weight at which all of the applicable airworthiness 
requirements are met. In addition, the flight paths shall comply with 
the provisions of paragraphs (i) and (ii) of this paragraph (b).
    (i) The flight paths shall be established without changing the 
appropriate airplane configuration.
    (ii) The flight paths shall be carried out for a minimum height of 
400 feet above the point where standby power is actuated.
    (6) Airplane configuration, speed, and power and/or thrust; general. 
Any change in the airplane's configuration, speed, and power and/or 
thrust shall be made in accordance with the procedures established by 
the applicant for the operation of the airplane in service and shall 
comply with the provisions of paragraphs (a) through (c) of this 
section. In addition, procedures shall be established for the execution 
of balked landings and missed approaches.
    (a) The Administrator shall find that the procedure can be 
consistently executed in service by crews of average skill.
    (b) The procedure shall not involve methods or the use of devices 
which have not been proven to be safe and reliable.
    (c) Allowances shall be made for such time delays in the execution 
of the procedures as may be reasonably expected to occur during service.
    (7) Installation and operation; standby power. The standby power 
unit and its installation shall comply with the provisions of paragraphs 
(a) and (b) of this section.
    (a) The standby power unit and its installation shall not adversely 
affect the safety of the airplane.
    (b) The operation of the standby power unit and its control shall 
have proven to be safe and reliable.

[23 FR 7454, Sept. 25, 1958. Redesignated at 29 FR 19099, Dec. 30, 1964]

                               SFAR No. 36

    1. Definitions. For purposes of this Special Federal Aviation 
Regulation--
    (a) A product is an aircraft, airframe, aircraft engine, propeller, 
or appliance;
    (b) An article is an airframe, powerplant, propeller, instrument, 
radio, or accessory; and
    (c) A component is a part of a product or article.
    2. General. (a) Contrary provisions of Sec. 121.379(b) of the 
Federal Aviation Regulations notwithstanding, the holder of an air 
carrier operating or commercial operating certificate, or the holder of 
an air taxi operating certificate that operates large aircraft, that has 
been issued operations specifications for operations required to be 
conducted in accordance with 14 CFR part 121, may perform a major repair 
on a product, as described in Sec. 121.379(a), using technical data that 
have not been approved by the Administrator, and approve that product 
for return to service, if authorized in accordance with this Special 
Federal Aviation Regulation.
    (b) Contrary provisions of Sec. 127.40(b) of the Federal Aviation 
Regulations notwithstanding, the holder of an air carrier operating 
certificate that has been issued operations specifications for 
operations required to be conducted in accordance with 14 CFR part 127 
may perform a major repair on a product as described in Sec. 127.140(a), 
using technical data that have not been approved by the Administrator, 
and approve that product for return to service, if authorized in 
accordance with this Special Federal Aviation Regulation.
    (c) Contrary provisions of Sec. 145.51 of the Federal Aviation 
Regulations notwithstanding, the holder of a domestic repair station 
certificate under 14 CFR part 145 may perform a major repair on an 
article for which it is rated, using technical data not approved by the 
Administrator, and approve that article for return to service, if 
authorized in accordance with this Special Federal Aviation Regulation. 
If the certificate holder holds a rating limited to a component of a 
product or article, the holder may not, by virtue of this Special 
Federal Aviation Regulation,

[[Page 350]]

approve that product or article for return to service.
    3. Major Repair Data and Return to Service. (a) As referenced in 
section 2 of this Special Federal Aviation Regulation, a certificate 
holder may perform a major repair on a product or article using 
technical data that have not been approved by the Administrator, and 
approve that product or article for return to service, if the 
certificate holder--
    (1) Has been issued an authorization under, and a procedures manual 
that complies with, Special Federal Aviation Regulation No. 36, 
effective on January 23, 1994;
    (2) Has developed the technical data in accordance with the 
procedures manual;
    (3) Has developed the technical data specifically for the product or 
article being repaired; and
    (4) Has accomplished the repair in accordance with the procedures 
manual and the procedures approved by the Administrator for the 
certificate.
    (b) For purposes of this section, an authorization holder may 
develop technical data to perform a major repair on a product or article 
and use that data to repair a subsequent product or article of the same 
type as long as the holder--
    (1) Evaluates each subsequent repair and the technical data to 
determine that performing the subsequent repair with the same data will 
return the product or article to its original or properly altered 
condition, and that the repaired product or article conforms with 
applicable airworthiness requirements; and
    (2) Records each evaluation in the records referenced in paragraph 
(a) of section 13 of this Special Federal Aviation Regulation.
    4. Application. The applicant for an authorization under this 
Special Federal Aviation Regulation must submit an application, in 
writing and signed by an officer of the applicant, to the FAA Flight 
Standards District Office charged with the overall inspection of the 
applicant's operations under its certificate. The application must 
contain--
    (a) If the applicant is
    (1) The holder of an air carrier operating or commercial operating 
certificate, or the holder of an air taxi operating certificate that 
operates large aircraft, the--
    (i) The applicant's certificate number; and
    (ii) The specific product(s) the applicant is authorized to maintain 
under its certificate, operations specifications, and maintenance 
manual; or
    (2) The holder of a domestic repair station certificate--
    (i) The applicant's certificate number;
    (ii) A copy of the applicant's operations specifications; and
    (iii) The specific article(s) for which the applicant is rated;
    (b) The name, signature, and title of each person for whom 
authorization to approve, on behalf of the authorization holder, the use 
of technical data for major repairs is requested; and
    (c) The qualifications of the applicant's staff that show compliance 
with section 5 of this Special Federal Aviation Regulation.
    5. Eligibility. (a) To be eligible for an authorization under this 
Special Federal Aviation Regulation, the applicant, in addition to 
having the authority to repair products or articles must--
    (1) Hold an air carrier, commercial, or air taxi operating 
certificate, and have been issued operations specifications for 
operations required to be conducted in accordance with 14 CFR part 121 
or 127, or Sec. 135.2, or hold a domestic repair station certificate 
under 14 CFR part 145;
    (2) Have an adequate number of sufficiently trained personnel in the 
United States to develop data and repair the products that the applicant 
is authorized to maintain under its operating certificate or the 
articles for which it is rated under its domestic repair station 
certificate;
    (3) Employ, or have available, a staff of engineering personnel that 
can determine compliance with the applicable airworthiness requirements 
of the Federal Aviation Regulations.
    (b) At least one member of the staff required by paragraph (a)(3) of 
this section must--
    (1) Have a thorough working knowledge of the applicable requirements 
of the Federal Aviation Regulations;
    (2) Occupy a position on the applicant's staff that has the 
authority to establish a repair program that ensures that each repaired 
product or article meets the applicable requirements of the Federal 
Aviation Regulations;
    (3) Have at least one year of satisfactory experience in processing 
engineering work, in direct contact with the FAA, for type certification 
or major repair projects; and
    (4) Have at least eight years of aeronautical engineering experience 
(which may include the one year of experience in processing engineering 
work for type certification or major repair projects).
    (c) The holder of an authorization issued under this Special Federal 
Aviation Regulation shall notify the Administrator within 48 hours of 
any change (including a change of personnel) that could affect the 
ability of the holder to meet the requirements of this Special Federal 
Aviation Regulation.
    6. Procedures Manual. (a) A certificate holder may not approve a 
product or article for return to service under section 2 of this Special 
Federal Aviation Regulation unless the holder----

[[Page 351]]

    (1) Has a procedures manual that has been approved by the 
Administrator as complying with paragraph (b) of this section; and
    (2) Complies with the procedures contained in this procedures 
manual.
    (b) The approved procedures manual must contain--
    (1) The procedures for developing and determining the adequacy of 
technical data for major repairs;
    (2) The identification (names, signatures, and responsibilities) of 
officials and of each staff member described in section 5 of this 
Special Federal Aviation Regulation who--
    (i) Has the authority to make changes in procedures that require a 
revision to the procedures manual; and
    (ii) Prepares or determines the adequacy of technical data, plans or 
conducts tests, and approves, on behalf of the authorization holder, 
test results; and
    (3) A ``log of revisions'' page that identifies each revised item, 
page, and date of revision, and contains the signature of the person 
approving the change for the Administrator.
    (c) The holder of an authorization issued under this Special Federal 
Aviation Regulation may not approve a product or article for return to 
service after a change in staff necessary to meet the requirements of 
section 5 of this regulation or a change in procedures from those 
approved under paragraph (a) of this section, unless that change has 
been approved by the FAA and entered in the procedures manual.
    7. Duration of Authorization. Each authorization issued under this 
Special Federal Aviation Regulation is effective from the date of 
issuance until January 23, 1999, unless it is earlier surrendered, 
suspended, revoked, or otherwise terminated. Upon termination of such 
authorization, the terminated authorization holder must:
    (a) Surrender to the FAA all data developed pursuant to Special 
Federal Aviation Regulation No. 36; or
    (b) Maintain indefinitely all data developed pursuant to Special 
Federal Aviation Regulation No. 36, and make that data available to the 
FAA for inspection upon request.
    8. Transferability. An authorization issued under this Special 
Federal Aviation Regulation is not transferable.
    9. Inspections. Each holder of an authorization issued under this 
Special Federal Aviation Regulation and each applicant for an 
authorization must allow the Administrator to inspect its personnel, 
facilities, products and articles, and records upon request.
    10. Limits of Applicability. An authorization issued under this 
Special Federal Aviation Regulation applies only to--
    (a) A product that the air carrier, commercial, or air taxi 
operating certificate holder is authorized to maintain pursuant to its 
continuous airworthiness maintenance program or maintenance manual; or
    (b) An article for which the domestic repair station certificate 
holder is rated. If the certificate holder is rated for a component of 
an article, the holder may not, in accordance with this Special Federal 
Aviation Regulation, approve that article for return to service.
    11. Additional Authorization Limitations. Each hold of a 
authorization issued under this Special Federal Aviation Regulation must 
comply with any additional limitations prescribed by the Administrator 
and made a part of the authorization.
    12. Data Review and Service Experience. If the Administrator finds 
that a product or article has been approved for return to service after 
a major repair has been performed under this Special Federal Aviation 
Regulation, that the product or article may not conform to the 
applicable airworthiness requirements or that an unsafe feature or 
characteristic of the product or article may exist, and that the 
nonconformance or unsafe feature or characteristic may be attributed to 
the repair performed, the holder of the authorization, upon notification 
by the Administrator, shall--
    (a) Investigate the matter;
    (b) Report to the Administrator the results of the investigation and 
any action proposed or taken; and
    (c) If notified that an unsafe condition exists, provide within the 
time period stated by the Administrator, the information necessary for 
the FAA to issue an airworthiness directive under part 39 of the Federal 
Aviation Regulations.
    13. Current Records. Each holder of an authorization issued under 
this Special Federal Aviation Regulation shall maintain, at its 
facility, current records containing--
    (a) For each product or article for which it has developed and used 
major repair data, a technical data file that includes all data and 
amendments thereto (including drawings, photographs, specifications, 
instructions, and reports) necessary to accomplish the major repair;
    (b) A list of products or articles by make, model, manufacturer's 
serial number (including specific part numbers and serial numbers of 
components) and, if applicable, FAA Technical Standard Order (TSO) or 
Parts Manufacturer Approval (PMA) identification, that have been 
repaired under the authorization; and
    (c) A file of information from all available sources on difficulties 
experienced with products and articles repaired under the authorization.

    This Special Federal Aviation Regulation terminates January 23, 
1999.

[SFAR 36-6, 59 FR 3940, Jan. 27, 1994]

    Effective Date Note: By SFAR No. 36-6, 59 FR 3940, Jan. 27, 1994, 
SFAR 36 was revised

[[Page 352]]

effective January 23, 1994, through January 23, 1999.

         SFAR No. 38-2--Certification and Operating Requirements

                                  Index

                                 Section

    1. Applicability.
    (a) This Special Federal Aviation Regulation applies to persons 
operating civil aircraft in commercial passenger operations, cargo 
operations, or both, and prescribes--
    (b) Operations conducted under more than one paragraph.
    (c) Prohibition against operating without certificate or in 
violation of operations specifications.
    2. Certificates and foreign air carrier operations specifications.
    (a) Air Carrier Operating Certificate.
    (b) Operating Certificate.
    (c) Foreign air carrier operations specifications.
    3. Operations specifications.
    4. Air carriers and those commercial operators engaged in scheduled 
intrastate common carriage.
    (a)(1) Airplanes, more than 30 seats/7,500 pounds payload, scheduled 
within 48 States.
    (a)(2) Airplanes, more than 30 seats/7,500 pounds payload, scheduled 
outside 48 States.
    (a)(3) Airplanes, more than 30 seats/7,500 pounds payload, not 
scheduled and all cargo.
    (b) Airplanes, 30 seats or less/7,500 or less pounds payload.
    (c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
    (d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
    5. Operations conducted by a person who is not engaged in air 
carrier operations, but is engaged in passenger operations, cargo 
operations, or both, as a commercial operator.
    (a) Airplanes, 20 or more seats/6,000 or more pounds payload.
    (b) Airplanes, less than 20 seats/Less than 6,000 pounds payload.
    (c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
    (d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
    6. Definitions.
    (a) Terms in FAR.
    (1) Domestic/flag/supplemental/commuter.
    (2) ATCO.
    (b) FAR references to:
    (1) Domestic air carriers.
    (2) Flag air carriers.
    (3) Supplemental air carriers
    (4) Commuter air carriers.
    (c) SFAR terms.
    (1) Air carrier.
    (2) Commercial operator.
    (3) Foreign air carrier.
    (4) Scheduled operations.
    (5) Size of aircraft.
    (6) Maximum payload capacity.
    (7) Empty weight.
    (8) Maximum zero fuel weight.
    (9) Justifiable aircraft equipment.
    Contrary provisions of parts 121, 125, 127, 129, and 135 of the 
Federal Aviation Regulations notwithstanding--
    1. Applicability.
    (a) This Special Federal Aviation Regulation applies to persons 
operating civil aircraft in commercial passenger operations, cargo 
operations, or both, and prescribes--
    (1) The types of operating certificates issued by the Federal 
Aviation Administration;
    (2) The certification requirements an operator must meet in order to 
obtain and hold operations specifications for each type of operation 
conducted and each class and size of aircraft operated; and
    (3) The operating requirements an operator must meet in conducting 
each type of operation and in operating each class and size of aircraft 
authorized in its operations specifications. A person shall be issued 
only one certificate and all operations shall be conducted under that 
certificate, regardless of the type of operation or the class or size of 
aircraft operated.

A person holding an air carrier operating certificate may not conduct 
any operations under the rules of part 125.
    (b) Persons conducting operations under more than one paragraph of 
this SFAR shall meet the certification requirements specified in each 
paragraph and shall conduct operations in compliance with the 
requirements of the Federal Aviation Regulations specified in each 
paragraph for the operation conducted under that paragraph.
    (c) Except as provided under this SFAR, no person may operate as an 
air carrier or as a commercial operator without, or in violation of, a 
certificate and operations specifications issued under this SFAR.
    (d) Persons conducting operations under this SFAR shall continue to 
comply with the applicable requirements of Secs. 121.6, 121.57, 121.59, 
121.61, 121.71 through 121.83, 135.5, 135.11(c), 135.15, 135.17, 135.27, 
135.29, 135.33, 135.35, 135.37, and 135.39 of this chapter as in effect 
on January 18, 1996, until March 20, 1997, or until the date on which 
the certificate holder is issued operations specifications in accordance 
with part 119, whichever occurs first. A copy of these regulations may 
be obtained from the Federal Aviation Administration, Office of 
Rulemaking (ARM), 800 Independence Ave., SW., Washington, DC 20591, or 
by phone (202) 267-9677.
    2. Certificates and foreign air carrier operations specifications.
    (a) Persons authorized to conduct operations as an air carrier will 
be issued an Air Carrier Operating Certificate.

[[Page 353]]

    (b) Persons who are not authorized to conduct air carrier 
operations, but who are authorized to conduct passenger, cargo, or both, 
operations as a commercial operator will be issued an Operating 
Certificate.
    (c) FAA certificates are not issued to foreign air carriers. Persons 
authorized to conduct operations in the United States as a foreign air 
carrier who hold a permit issued under Section 402 of the Federal 
Aviation Act of 1958, as amended (49 U.S.C. 1372), or other appropriate 
economic or exemption authority issued by the appropriate agency of the 
United States of America will be issued operations specifications in 
accordance with the requirements of part 129 and shall conduct their 
operations within the United States in accordance with those 
requirements.
    3. Operations specifications.
    The operations specifications associated with a certificate issued 
under paragraph 2 (a) or (b) and the operations specifications issued 
under paragraph 2 (c) of this SFAR will prescribe the authorizations, 
limitations and certain procedures under which each type of operation 
shall be conducted and each class and size of aircraft shall be 
operated.
    4. Air carriers, and those commercial operators engaged in scheduled 
intrastate common carriage.
    Each person who conducts operations as an air carrier or as a 
commercial operator engaged in scheduled intrastate common carriage of 
persons or property for compensation or hire in air commerce with--
    (a) Airplanes having a passenger seating configuration of more than 
30 seats, excluding any required crewmember seat, or a payload capacity 
of more than 7,500 pounds, shall comply with the certification 
requirements in part 121, and conduct its--
    (1) Scheduled operations within the 48 contiguous states of the 
United States and the District of Columbia, including routes that extend 
outside the United States that are specifically authorized by the 
Administrator, with those airplanes in accordance with the requirements 
of part 121 applicable to domestic air carriers, and shall be issued 
operations specifications for those operations in accordance with those 
requirements.
    (2) Scheduled operations to points outside the 48 contiguous states 
of the United States and the District of Columbia with those airplanes 
in accordance with the requirements of part 121 applicable to flag air 
carriers, and shall be issued operations specifications for those 
operations in accordance with those requirements.
    (3) All-cargo operations and operations that are not scheduled with 
those airplanes in accordance with the requirements of part 121 
applicable to supplemental air carriers, and shall be issued operations 
specifications for those operations in accordance with those 
requirements; except the Administrator may authorize those operations to 
be conducted under paragraph (4)(a) (1) or (2) of this paragraph.
    (b) Airplanes having a maximum passenger seating configuration of 30 
seats or less, excluding any required crewmember seat, and a maximum 
payload capacity of 7,500 pounds or less, shall comply with the 
certification requirements in part 135, and conduct its operations with 
those airplanes in accordance with the requirements of part 135, and 
shall be issued operations specifications for those operations in 
accordance with those requirements; except that the Administrator may 
authorize a person conducting operations in transport category airplanes 
to conduct those operations in accordance with the requirements of 
paragraph 4(a) of this paragraph.
    (c) Rotorcraft having a maximum passenger seating configuration of 
30 seats or less and a maximum payload capacity of 7,500 pounds or less 
shall comply with the certification requirements in part 135, and 
conduct its operations with those aircraft in accordance with the 
requirements of part 135, and shall be issued operations specifications 
for those operations in accordance with those requirements.
    (d) Rotorcraft having a passenger seating configuration of more than 
30 seats or a payload capacity of more than 7,500 pounds shall comply 
with the certification requirements in part 135, and conduct its 
operations with those aircraft in accordance with the requirements of 
part 135, and shall be issued special operations specifications for 
those operations in accordance with those requirements and this SFAR.
    5. Operations conducted by a person who is not engaged in air 
carrier operations, but is engaged in passenger operations, cargo 
operations, or both as a commercial operator.
    Each person, other than a person conducting operations under 
paragraph 2(c) or 4 of this SFAR, who conducts operations with--
    (a) Airplanes having a passenger seating configuration of 20 or 
more, excluding any required crewmember seat, or a maximum payload 
capacity of 6,000 pounds or more, shall comply with the certification 
requirements in part 125, and conduct its operations with those 
airplanes in accordance with the requirements of part 125, and shall be 
issued operations specifications in accordance with those requirements, 
or shall comply with an appropriate deviation authority.
    (b) Airplanes having a maximum passenger seating configuration of 
less than 20 seats, excluding any required crewmember seat, and a 
maximum payload capacity of less than 6,000 pounds shall comply with the 
certification requirements in part 135, and conduct its operations in 
those airplanes in accordance with the requirements of part 135,

[[Page 354]]

and shall be issued operations specifications in accordance with those 
requirements.
    (c) Rotorcraft having a maximum passenger seating configuration of 
30 seats or less and a maximum payload capacity of 7,500 pounds or less 
shall comply with the certification requirements in part 135, and 
conduct its operations in those aircraft in accordance with the 
requirements of part 135, and shall be issued operations specifications 
for those operations in accordance with those requirements.
    (d) Rotorcraft having a passenger seating configuration of more than 
30 seats or a payload capacity of more than 7,500 pounds shall comply 
with the certification requirements in part 135, and conduct its 
operations with those aircraft in accordance with the requirements of 
part 135, and shall be issued special operations specifications for 
those operations in accordance with those requirements and this SFAR.
    6. Definitions.
    (a) Wherever in the Federal Aviation Regulations the terms--
    (1) Domestic air carrier operating certificate, flag air carrier 
operating certificate, supplemental air carrier operating certificate, 
or commuter air carrier (in the context of Air Carrier Operating 
Certificate) appears, it shall be deemed to mean an Air Carrier 
Operating Certificate issued and maintained under this SFAR.
    (2) ATCO operating certificate appears, it shall be deemed to mean 
either an Air Carrier Operating Certificate or Operating Certificate, as 
is appropriate to the context of the regulation. All other references to 
an operating certificate shall be deemed to mean an Operating 
Certificate issued under this SFAR unless the context indicates the 
reference is to an Air Carrier Operating Certificate.
    (b) Wherever in the Federal Aviation Regulations a regulation 
applies to--
    (1) Domestic air carriers, it will be deemed to mean a regulation 
that applies to scheduled operations solely within the 48 contiguous 
states of the United States and the District of Columbia conducted by 
persons described in paragraph 4(a)(1) of this SFAR.
    (2) Flag air carriers, it will be deemed to mean a regulation that 
applies to scheduled operations to any point outside the 48 contiguous 
states of the United States and the District of Columbia conducted by 
persons described in paragraph 4(a)(2) of this SFAR.
    (3) Supplemental air carriers, it will be deemed to mean a 
regulation that applies to charter and all-cargo operations conducted by 
persons described in paragraph 4(a)(3) of this SFAR.
    (4) Commuter air carriers, it will be deemed to mean a regulation 
that applies to scheduled passenger carrying operations, with a 
frequency of operations of at least five round trips per week on at 
least one route between two or more points according to the published 
flight schedules, conducted by persons described in paragraph 4 (b) or 
(c) of this SFAR. This definition does not apply to part 93 of this 
chapter.
    (c) For the purpose of this SFAR, the term--
    (1) Air carrier means a person who meets the definition of an air 
carrier as defined in the Federal Aviation Act of 1958, as amended.
    (2) Commercial operator means a person, other than an air carrier, 
who conducts operations in air commerce carrying persons or property for 
compensation or hire.
    (3) Foreign air carrier means any person other than a citizen of the 
United States, who undertakes, whether directly or indirectly or by 
lease or any other arrangement, to engage in foreign air transportation.
    (4) Schedule operations means operations that are conducted in 
accordance with a published schedule for passenger operations which 
includes dates or times (or both) that is openly advertised or otherwise 
made readily available to the general public.
    (5) Size of aircraft means an aircraft's size as determined by its 
seating configuration or payload capacity, or both.
    (6) Maximum payload capacity means:
    (i) For an aircraft for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable aircraft equipment, and 
less the operating load (consisting of minimum flight crew, foods and 
beverages, and supplies and equipment related to foods and beverages, 
but not including disposable fuel or oil).
    (ii) For all other aircraft, the maximum certificated takeoff weight 
of an aircraft, less the empty weight, less all justifiable aircraft 
equipment, and less the operating load (consisting of minimum fuel load, 
oil, and flightcrew). The allowance for the weight of the crew, oil, and 
fuel is as follows:
    (A) Crew--200 pounds for each crewmember required by the Federal 
Aviation Regulations.
    (B) Oil--350 pounds.
    (C) Fuel--the minimum weight of fuel required by the applicable 
Federal Aviation Regulations for a flight between domestic points 174 
nautical miles apart under VFR weather conditions that does not involve 
extended overwater operations.
    (7) Empty weight means the weight of the airframe, engines, 
propellers, rotors, and fixed equipment. Empty weight excludes the 
weight of the crew and payload, but includes the weight of all fixed 
ballast, unusable fuel supply, undrainable oil, total quantity of engine 
coolant, and total quantity of hydraulic fluid.
    (8) Maximum zero fuel weight means the maximum permissible weight of 
an aircraft with no disposable fuel or oil. The zero fuel

[[Page 355]]

weight figure may be found in either the aircraft type certificate data 
sheet, or the approved Aircraft Flight Manual, or both.
    (9) Justifiable aircraft equipment means any equipment necessary for 
the operation of the aircraft. It does not include equipment or ballast 
specifically installed, permanently or otherwise, for the purpose of 
altering the empty weight of an aircraft to meet the maximum payload 
capacity.
    This Special Federal Aviation Regulation No. 38-2 terminates March 
20, 1997.

[Doc. No. 18510, 50 FR 23944, June 7, 1985, as amended by SFAR 38-3, 51 
FR 17275, May 9, 1986; SFAR 38-4, 52 FR 28939, Aug. 4, 1987; SFAR 38-5, 
54 FR 23865, June 2, 1989; SFAR 38-6, 55 FR 23047, June 5, 1990; SFAR 
38-7, 56 FR 25451, June 4, 1991; SFAR 38-8, 57 FR 23923, June 4, 1992; 
SFAR 38-8, 58 FR 34515, June 25, 1993; SFAR 38-2, 60 FR 5075, Jan. 25, 
1995; 60 FR 29754, June 6, 1995; 60 FR 65925, Dec. 20, 1995; SFAR 38-13, 
61 FR 30434, June 14, 1996]

                              SFAR No. 50-2

    Note: For the text of SFAR No. 50-2, see part 91 of this chapter.

    Effective Date Note: By Amdt. 121-262, 61 FR 69330, Dec. 31, 1996, 
Special Federal Aviation Regulation 50-2 is removed, effective May 1, 
1997.

                               SFAR No. 52

    Note: For the text of SFAR No. 52, see part 135 of this chapter.

   Special Federal Aviation Regulation No. 58--Advanced Qualification 
                                 Program

Section
1. Purpose and eligibility.
2. Definitions.
3. Required Curriculums.
4. Indoctrination Curriculums.
5. Qualification Curriculums.
6. Continuing Qualification Curriculums.
7. Other Requirements.
8. Certification.
9. Training Devices and Simulators.
10. Approval of Advanced Qualification Program.
11. Approval of Training, Qualification, or Evaluation by a Person Who 
          Provides Training by Arrangement.
12. Recordkeeping requirements.
13. Expiration.

    Contrary provisions of parts 61, 63, 65, 121, and 135 of the Federal 
Aviation Regulations notwithstanding--
    1. Purpose and Eligibility.
    (a) This Special Federal Aviation Regulation provides for approval 
of an alternate method (known as ''Advanced Qualification Program'' or 
``AQP'') for qualifying, training, certifying, and otherwise ensuring 
competency of crewmembers, aircraft dispatchers, other operations 
personnel, instructors, and evaluators who are required to be trained or 
qualified under parts 121 and 135 of the FAR or under this SFAR.
    (b) A certificate holder is eligible under this Special Federal 
Aviation Regulation if the certificate holder is required to have an 
approved training program under Sec. 121.401 or Sec. 135.341 of the FAR, 
or elects to have an approved training program under Sec. 135.341.
    (c) A certificate holder obtains approval of each proposed 
curriculum under this AQP as specified in section 10 of this SFAR.
    (d) A curriculum approved under the AQP may include elements of 
present part 121 and part 135 training programs. Each curriculum must 
specify the make, model, and series aircraft (or variant) and each 
crewmember position or other positions to be covered by that curriculum. 
Positions to be covered by the AQP must include all flight crewmember 
positions, instructors, and evaluators and may include other positions, 
such as flight attendants, aircraft dispatchers, and other operations 
personnel.
    (e) Each certificate holder that obtains approval of an AQP under 
this SFAR shall comply with all of the requirements of that program.
    2. Definitions. As used in this SFAR:
    Curriculum means a portion of an Advanced Qualification Program that 
covers one of three program areas: (1) indoctrination, (2) 
qualification, or (3) continuing qualification. A qualification or 
continuing qualification curriculum addresses the required training and 
qualification activities for a specific make, model, and series aircraft 
(or variant) and for a specific duty position.
    Evaluator means a person who has satisfactorily completed training 
and evaluation that qualifies that person to evaluate the performance of 
crewmembers, instructors, other evaluators, aircraft dispatchers, and 
other operations personnel.
    Facility means the physical environment required for training and 
qualification (e.g., buildings, classrooms).
    Training center means an organization certificated under part 142 of 
this chapter or an organization approved by the Administrator to operate 
under the terms of this SFAR to provide training as described in section 
1(b) of SFAR 58.
    Variant means a specifically configured aircraft for which the FAA 
has identified training and qualification requirements that are 
significantly different from those applicable to other aircraft of the 
same make, modeI, and series.

[[Page 356]]

    3. Required Curriculums. Each AQP must have separate curriculums for 
indoctrination, qualification, and continuing qualification as specified 
in sections 4, 5, and 6 of this SFAR.
    4. Indoctrination Curriculums. Each indoctrination curriculum must 
include the following:
    (a) For newly hired persons being trained under an AQP: Company 
policies and operating practices and general operational knowledge.
    (b) For newly hired flight crewmembers and aircraft dispatchers: 
General aeronautical knowledge.
    (c) For instructors: The fundamental principles of the teaching and 
learning process; methods and theories of instruction; and the knowledge 
necessary to use aircraft, flight training devices, flight simulators, 
and other training equipment in advanced qualification curriculums.
    (d) For evaluators: Evaluation requirements specified in each 
approved curriculum; methods of evaluating crewmembers and aircraft 
dispatchers and other operations personnel; and policies and practices 
used to conduct the kinds of evaluations particular to an advanced 
qualification curriculum (e.g., proficiency and online).
    5. Qualification Curriculums. Each qualification curriculum must 
include the following:
    (a) The certificate holder's planned hours of training, evaluation, 
and supervised operating experience.
    (b) A list of and text describing the training, qualification, and 
certification activities, as applicable for specific positions subject 
to the AQP, as follows:
    (1) Crewmembers, aircraft dispatchers, and other operations 
personnel. Training, evaluation, and certification activities which are 
aircraft- and equipment-specific to qualify a person for a particular 
duty position on, or duties related to the operation of a specific make, 
model, and series aircraft (or variant); a list of and text describing 
the knowledge requirements, subject materials, job skills, and each 
maneuver and procedure to be trained and evaluated; the practical test 
requirements in addition to or in place of the requirements of parts 61, 
63, and 65; and a list of and text describing supervised operating 
experience.
    (2) Instructors. Training and evaluation to qualify a person to 
impart instruction on how to operate, or on how to ensure the safe 
operation of a particular make, model, and series aircraft (or variant).
    (3) Evaluators. Training, evaluation, and certification activities 
that are aircraft and equipment specific to qualify a person to evaluate 
the performance of persons who operate or who ensure the safe operation 
of, a particular make, model, and series aircraft (or variant).
    6. Continuing Qualification Curriculums. Continuing qualification 
curriculums must comply with the following requirements:
    (a) General. A continuing qualification curriculum must be based 
on--
    (1) A continuing qualification cycle that ensures that during each 
cycle each person qualified under an AQP, including instructors and 
evaluators, will receive a balanced mix of training and evaluation on 
all events and subjects necessary to ensure that each person maintains 
the minimum proficiency level of knowledge, skills, and attitudes 
required for original qualification; and
    (2) If applicable, flight crewmember or aircraft dispatcher recency 
of experience requirements.
    (b) Continuing Qualification Cycle Content. Each continuing 
qualification cycle must include at least the following:
    (1) Evaluation period. An evaluation period during which each person 
qualified under an AQP must receive at least one training session and a 
proficiency evaluation at a training facility. The number and frequency 
of training sessions must be approved by the Administrator. A training 
session, including any proficiency evaluation completed at that session, 
that occurs any time during the two calendar months before the last date 
for completion of an evaluation period can be considered by the 
certificate holder to be completed in the last calendar month.
    (2) Training. Continuing qualification must include training in all 
events and major subjects required for original qualification, as 
follows:
    (i) For pilots in command, seconds in command, flight engineers, and 
instructors and evaluators: Ground training including a general review 
of knowledge and skills covered in qualification training, updated 
information on newly developed procedures, and safety information.
    (ii) For crewmembers, aircraft dispatchers, instructors, evaluators, 
and other operation personnel who conduct their duties in flight: 
Proficiency training in an aircraft, flight training device, or flight 
simulator on normal, abnormal, and emergency flight procedures and 
maneuvers.
    (iii) For instructors and evaluators who are limited to conducting 
their duties in flight simulators and flight training devices: 
Proficiency training in a flight training device and/or flight simulator 
regarding operation of this training equipment and in operational flight 
procedures and maneuvers (normal, abnormal, and emergency).
    (3) Evaluations. Continuing qualification must include evaluation in 
all events and major subjects required for original qualification, and 
online evaluations for pilots in command and other eligible flight 
crewmembers. Each person qualified under an

[[Page 357]]

AQP must successfully complete a proficiency evaluation and, if 
applicable, an online evaluation during each evaluation period. An 
individual's proficiency evaluation may be accomplished over several 
training sessions if a certificate holder provides more than one 
training session in an evaluation period. The following evaluation 
requirements apply:
    (i) Proficiency evaluations as follows:
    (A) For pilots in command, seconds in command, and flight engineers: 
A proficiency evaluation, portions of which may be conducted in an 
aircraft, flight simulator, or flight training device as approved in the 
certificate holder's curriculum which must be completed during each 
evaluation period.
    (B) For any other persons covered by an AQP a means to evaluate 
their proficiency in the performance of their duties in their assigned 
tasks in an operational setting.
    (ii) Online evaluations as follows:
    (A) For pilots in command: An online evaluation conducted in an 
aircraft during actual flight operations under part 121 or part 135 or 
during operationally (line) oriented flights, such as ferry flights or 
proving flights. An online evaluation in an aircraft must be completed 
in the calendar month that includes the midpoint of the evaluation 
period. An online evaluation that is satisfactorily completed in the 
calendar month before or the calendar month after the calendar month in 
which it becomes due is considered to have been completed during the 
calendar month it became due. However, in no case is an online 
evaluation under this paragraph required more often than once during an 
evaluation period.
    (B) During the online evaluations required under paragraph 
(b)(3)(ii)(A) of this section, each person performing duties as a pilot 
in command, second in command, or flight engineer for that flight, must 
be individually evaluated to determine whether he or she--(1) Remains 
adequately trained and currently proficient with respect to the 
particular aircraft, crew position, and type of operation in which he or 
she serves; and (2) Has sufficient knowledge and skills to operate 
effectively as part of a crew.
    (4) Recency of experience. For pilots in command and seconds in 
command, and, if the certificate holder elects, flight engineers and 
aircraft dispatchers, approved recency of experience requirements.
    (c) Duration periods. Initially the continuing qualification cycle 
approved for an AQP may not exceed 26 calendar months and the evaluation 
period may not exceed 13 calendar months. Thereafter, upon demonstration 
by a certificate holder that an extension is warranted, the 
Administrator may approve extensions of the continuing qualification 
cycle and the evaluation period in increments not exceeding 3 calendar 
months. However, a continuing qualification cycle may not exceed 39 
calendar months and an evaluation period may not exceed 26 calendar 
months.
    (d) Requalification. Each continuing qualification curriculum must 
include a curriculum segment that covers the requirements for 
requalifying a crewmember, aircraft dispatcher, or other operations 
personnel who has not maintained continuing qualification.
    7. Other Requirements. In addition to the requirements of sections 
4, 5, and 6, each AQP qualification and continuing qualification 
curriculum must include the following requirements:
    (a) Approved Cockpit Resource Management (CRM) Training applicable 
to each position for which training is provided under an AQP.
    (b) Approved training on and evaluation of skills and proficiency of 
each person being trained under an AQP to use their cockpit resource 
management skills and their technical (piloting or other) skills in an 
actual or simulated operations scenario. For flight crewmembers this 
training and evaluation must be conducted in an approved flight training 
device or flight simulator.
    (c) Data collection procedures that will ensure that the certificate 
holder provides information from its crewmembers, instructors, and 
evaluators that will enable the FAA to determine whether the training 
and evaluations are working to accomplish the overall objectives of the 
curriculum.
    8. Certification. A person enrolled in an AQP is eligible to receive 
a commercial or airline transport pilot, flight engineer, or aircraft 
dispatcher certificate or appropriate rating based on the successful 
completion of training and evaluation events accomplished under that 
program if the following requirements are met:
    (a) Training and evaluation of required knowledge and skills under 
the AQP must meet minimum certification and rating criteria established 
by the Administrator in parts 61, 63, or 65. The Administrator may 
accept substitutes for the practical test requirements of parts 61, 63, 
or 65, as applicable.
    (b) The applicant satisfactorily completes the appropriate 
qualification curriculum.
    (c) The applicant shows competence in required technical knowledge 
and skills (e.g., piloting) and cockpit resource management knowledge 
and skills in scenarios that test both types of knowledge and skills 
together.
    (d) The applicant is otherwise eligible under the applicable 
requirements of part 61, 63, or 65.
    9. Training Devices and Simulators.
    (a) Qualification and approval of flight training devices and flight 
simulators. (1) Any training device or simulator that will be used in an 
AQP for one of the following purposes must be evaluated by the 
Administrator for

[[Page 358]]

assignment of a flight training device or flight simulator qualification 
level:
    (i) Required evaluation of individual or crew proficiency.
    (ii) Training activities that determine if an individual or crew is 
ready for a proficiency evaluation.
    (iii) Activities used to meet recency of experience requirements.
    (iv) Line Operational Simulations (LOS).
    (2) To be eligible to request evaluation for a qualification level 
of a flight training device or flight simulator an applicant must--
    (i) Hold an operating certificate; or
    (ii) Be a training center that has applied for authorization to the 
Administrator or has been authorized by the Administrator to conduct 
training or qualification under an AQP.
    (3) Each flight training device or flight simulator to be used by a 
certificate holder or training center for any of the purposes set forth 
in paragraph (a)(1) of this section must--
    (i) Be, or have been, evaluated against a set of criteria 
established by the Administrator for a particular qualification level of 
simulation;
    (ii) Be approved for its intended use in a specified AQP; and
    (iii) Be part of a flight simulator or flight training device 
continuing qualification program approved by the Administrator.
    (b) Approval of other Training Equipment. (1) Any training device 
that is intended to be used in an AQP for purposes other than those set 
forth in paragraph (a)(1) of this section must be approved by the 
Administrator for its intended use.
    (2) An applicant for approval of a training device under this 
paragraph must identify the device by its nomenclature and describe its 
intended use.
    (3) Each training device approved for use in an AQP must be part of 
a continuing program to provide for its serviceability and fitness to 
perform its intended function as approved by the Administrator.
    10. Approval of Advanced Qualification Program.
    (a) Approval Process. Each applicant for approval of an AQP 
curriculum under this SFAR shall apply for approval of that curriculum. 
Application for approval is made to the certificate holder's FAA Flight 
Standards District Office.
    (b) Approval Criteria. An application for approval of an AQP 
curriculum will be approved if the program meets the following 
requirements:
    (1) It must be submitted in a form and manner acceptable to the 
Administrator.
    (2) It must meet all of the requirements of this SFAR.
    (3) It must indicate specifically the requirements of parts 61, 63, 
65, 121 or 135, as applicable, that would be replaced by an AQP 
curriculum. If a requirement of parts 61, 63, 65, 121, or 135 is 
replaced by an AQP curriculum, the certificate holder must show how the 
AQP curriculum provides an equivalent level of safety for each 
requirement that is replaced. Each applicable requirement of parts 61, 
63, 65, 121 or 135 that is not specifically addressed in an AQP 
curriculum continues to apply to the certificate holder.
    (c) Application and Transition. Each certificate holder that applies 
for one or more advanced qualification curriculums or for a revision to 
a previously approved curriculum must comply with Sec. 121.405 or 
Sec. 135.325, as applicable, and must include as part of its application 
a proposed transition plan (containing a calendar of events) for moving 
from its present approved training to the advanced qualification 
training.
    (d) Advanced Qualification Program Revisions or Rescissions of 
Approval. If after a certificate holder begins operations under an AQP, 
the Administrator finds that the certificate holder is not meeting the 
provisions of its approved AQP, the Administrator may require the 
certificate holder to make revisions in accordance with Sec. 121.405 or 
Sec. 135.325, as applicable, or to submit and obtain approval for a plan 
(containing a schedule of events) that the certificate holder must 
comply with and use to transition to an approved part 121 or part 135 
training program, as appropriate.
    11. Approval of Training, Qualification, or Evaluation by a Person 
who Provides Training by Arrangement.
    (a) A certificate holder under part 121 or part 135 may arrange to 
have AQP required training, qualification, or evaluation functions 
performed by another person (a training center) if the following 
requirements are met:
    (1) The training center's training and qualification curriculums, 
curriculum segments, or portions of curriculum segments must be 
provisionally approved by the Administrator. A training center may apply 
for provisional approval independently or in conjunction with a 
certificate holder's application for AQP approval. Application for 
provisional approval must be made to the FAA's Flight Standards District 
Office that has responsibility for the training center.
    (2) The specific use of provisionally approved curriculums, 
curriculum segments, or portions of curriculum segments in a certificate 
holder's AQP must be approved by the Administrator as set forth in 
section 10 of this SFAR.
    (b) An applicant for provisional approval of a curriculum, 
curriculum segment, or portion of a curriculum segment under this 
paragraph must show that the following requirements are met:
    (1) The applicant must have a curriculum for the qualification and 
continuing qualification of each instructor or evaluator employed by the 
applicant.

[[Page 359]]

    (2) The applicant's facilities must be found by the Administrator to 
be adequate for any planned training, qualification, or evaluation for a 
part 121 or part 135 certificate holder.
    (3) Except for indoctrination curriculums, the curriculum, 
curriculum segment, or portion of a curriculum segment must identify the 
specific make, model, and series aircraft (or variant) and crewmember or 
other positions for which it is designed.
    (c) A certificate holder who wants approval to use a training 
center's provisionally approved curriculum, curriculum segment, or 
portion of a curriculum segment in its AQP, must show that the following 
requirements are met:
    (1) Each instructor or evaluator used by the training center must 
meet all of the qualification and continuing qualification requirements 
that apply to employees of the certificate holder that has arranged for 
the training, including knowledge of the certificate holder's 
operations.
    (2) Each provisionally approved curriculum, curriculum segment, or 
portion of a curriculum segment must be approved by the Administrator 
for use in the certificate holder's AQP. The Administrator will either 
provide approval or require modifications to ensure that each 
curriculum, curriculum segment, or portion of a curriculum segment is 
applicable to the certificate holder's AQP.
    (d) Approval for the training, qualification, or evaluation by a 
person who provides training by arrangement authorized by this section 
expires on August 3, 1998 unless that person meets the eligibility 
requirements specified under Sec. 121.402 or Sec. 135.324 of this 
chapter. After August 2, 1998 approval for the training, qualification, 
or evaluation, by a person who provides training by arrangement 
authorized by this section, shall be granted only to persons who meet 
the eligibility requirements specified under Sec. 121.402 or 
Sec. 135.234 of this chapter.
    12. Recordkeeping Requirements. Each certificate holder and each 
training center holding AQP provisional approval shall show that it will 
establish and maintain records in sufficient detail to establish the 
training, qualification, and certification of each person qualified 
under an AQP in accordance with the training, qualification, and 
certification requirements of this SFAR.
    13. Expiration. This Special Federal Aviation Regulation terminates 
on October 2, 2000 unless sooner terminated.

[SFAR-58, 55 FR 40275, Oct. 2, 1990, as amended at 60 FR 51851, Oct. 3, 
1995; SFAR 58-2, 61 FR 34560, July 2, 1996]



                           Subpart A--General



Sec. 121.1  Applicability.

    This part prescribes rules governing--
    (a) The domestic, flag, and supplemental operations of each person 
who holds or is required to hold an Air Carrier Certificate or Operating 
Certificate under part 119 of this chapter.
    (b) Each person employed or used by a certificate holder conducting 
operations under this part including maintenance, preventive 
maintenance, and alteration of aircraft.
    (c) Each person who applies for provisional approval of an Advanced 
Qualification Program curriculum, curriculum segment, or portion of a 
curriculum segment under SFAR No. 58 of 14 CFR part 121, and each person 
employed or used by an air carrier or commercial operator under this 
part to perform training, qualification, or evaluation functions under 
an Advanced Qualification Program under SFAR No. 58 of 14 CFR part 121.
    (d) Nonstop sightseeing flights conducted with airplanes having a 
passenger-seat configuration of 30 seats or fewer and a maximum payload 
capacity of 7,500 pounds or less that begin and end at the same airport, 
and are conducted within a 25 statute mile radius of that airport; 
however, except for operations subject to SFAR 50-2 of 14 CFR part 121, 
these operations, when conducted for compensation or hire, must comply 
only with Secs. 121.455 and 121.457, except that an operator who does 
not hold an air carrier certificate or an operating certificate is 
permitted to use a person who is otherwise authorized to perform 
aircraft maintenance or preventive maintenance duties and who is not 
subject to FAA-approved anti-drug and alcohol misuse prevention programs 
to perform--
    (1) Aircraft maintenance or preventive maintenance on the operator's 
aircraft if the operator would otherwise be required to transport the 
aircraft more than 50 nautical miles further than the repair point 
closest to the operator's principal base of operations to obtain these 
services; or
    (2) Emergency repairs on the operator's aircraft if the aircraft 
cannot be

[[Page 360]]

safely operated to a location where an employee subject to FAA-approved 
programs can perform the repairs.
    (e) Each person who is on board an aircraft being operated under 
this part.
    (f) Each person who is an applicant for an Air Carrier Certificate 
or an Operating Certificate under part 119 of this chapter, when 
conducting proving tests.

[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995]



Sec. 121.2  Compliance schedule for operators that transition to part 121; certain new entrant operators.

    (a) Applicability. This section applies to the following:
    (1) Each certificate holder that was issued an air carrier or 
operating certificate and operations specifications under the 
requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 
CFR part 121 before January 19, 1996, and that conducts scheduled 
passenger-carrying operations with:
    (i) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats;
    (ii) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats; or
    (iii) Turbojet engine powered airplanes having a passenger seat 
configuration of 1-30 seats.
    (2) Each person who, after January 19, 1996, applies for or obtains 
an initial air carrier or operating certificate and operations 
specifications to conduct scheduled passenger-carrying operations in the 
kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or 
paragraph (a)(1)(iii) of this section.
    (b) Obtaining operations specifications. A certificate holder 
described in paragraph (a)(1) of this section may not, after March 20, 
1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), 
or (a)(1)(iii) of this section in scheduled passenger-carrying 
operations, unless it obtains operations specifications to conduct its 
scheduled operations under this part on or before March 20, 1997.
    (c) Regular or accelerated compliance. Except as provided in 
paragraphs (d), (e), and (i) of this section, each certificate holder 
described in paragraphs (a)(1) of this section shall comply with each 
applicable requirement of this part on and after March 20, 1997 or on 
and after the date on which the certificate holder is issued operations 
specifications under this part, whichever occurs first. Except as 
provided in paragraphs (d) and (e) of this section, each person 
described in paragraph (a)(2) of this section shall comply with each 
applicable requirement of this part on and after the date on which that 
person is issued a certificate and operations specifications under this 
part.
    (d) Delayed compliance dates. Unless paragraph (e) of this section 
specifies an earlier compliance date, no certificate holder that is 
covered by paragraph (a) of this section may operate an airplane in 14 
CFR part 121 operations on or after a date listed in this paragraph (d) 
unless that airplane meets the applicable requirement of this paragraph 
(d):
    (1) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats. No certificate holder may operate under 
this part an airplane that is described in paragraph (a)(1)(i) of this 
section on or after a date listed in paragraph (d)(1) of this section 
unless that airplane meets the applicable requirement listed in 
paragraph (d)(1) of this section:
    (i) December 20, 1997:
    (A) Section 121.289, Landing gear aural warning.
    (B) Section 121.308, Lavatory fire protection.
    (C) Section 121.310(e), Emergency exit handle illumination.
    (D) Section 121.337(b)(8), Protective breathing equipment.
    (E) Section 121.340, Emergency flotation means.
    (ii) December 20, 1999: Section 121.342, Pitot heat indication 
system.
    (iii) December 20, 2010:
    (A) For airplanes described in Sec. 121.157(f), the Airplane 
Performance Operating Limitations in Secs. 121.189 through 121.197.
    (B) Section 121.161(b), Ditching approval.
    (C) Section 121.305(j), Third attitude indicator.

[[Page 361]]

    (D) Section 121.312(c), Passenger seat cushion flammability.
    (2) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats. No certificate holder may 
operate under this part an airplane that is described in paragraph 
(a)(1)(ii) of this section on or after a date listed in paragraph (d)(2) 
of this section unless that airplane meets the applicable requirement 
listed in paragraph (d)(2) of this section:
    (i) December 20, 1997:
    (A) Section 121.308, Lavatory fire protection.
    (B) Section 121.337(b) (8) and (9), Protective breathing equipment.
    (C) Section 121.340, Emergency flotation means.
    (ii) December 20, 2010: Sec. 121.305(j), third attitude indicator.
    (e) Newly manufactured airplanes. No certificate holder that is 
described in paragraph (a) of this section may operate under this part 
an airplane manufactured on or after a date listed in this paragraph 
unless that airplane meets the applicable requirement listed in this 
paragraph (e).
    (1) For nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats:
    (i) Manufactured on or after March 20, 1997:
    (A) Section 121.305(j), Third attitude indicator.
    (B) Section 121.311(f), Safety belts and shoulder harnesses.
    (ii) Manufactured on or after December 20, 1997; Section 121.317(a), 
Fasten seat belt light.
    (iii) Manufactured on or after December 20, 1999: Section 121.293, 
Takeoff warning system.
    (2) For transport category turbopropeller powered airplanes that 
have a passenger seat configuration of 20-30 seats manufactured on or 
after March 20, 1997: Section 121.305(j), Third attitude indicator.
    (f) New type certification requirements. No person may operate an 
airplane for which the application for a type certificate was filed 
after March 29, 1995, in 14 CFR part 121 operations unless that airplane 
is type certificated under part 25 of this chapter.
    (g) Transition plan. Before March 19, 1996 each certificate holder 
described in paragraph (a)(1) of this section must submit to the FAA a 
transition plan (containing a calendar of events) for moving from 
conducting its scheduled operations under the commuter requirements of 
part 135 of this chapter to the requirements for domestic or flag 
operations under this part. Each transition plan must contain details on 
the following:
    (1) Plans for obtaining new operations specifications authorizing 
domestic or flag operations;
    (2) Plans for being in compliance with the applicable requirements 
of this part on or before March 20, 1997; and
    (3) Plans for complying with the compliance date schedules contained 
in paragraphs (d) and (e) of this section.
    (h) Continuing requirements. A certificate holder described in 
paragraph (a) of this section shall comply with the applicable airplane 
operating and equipment requirements of part 135 of this chapter for the 
airplanes described in paragraph (a)(1) of this section, until the 
airplane meets the specific compliance dates in paragraphs (d) and (e) 
of this section.
    (i) Delayed pilot age limitation. (1) Notwithstanding 
Sec. 121.383(c), and except as provided in paragraph (i)(2) of this 
section, a certificate holder may use the services of a person as a 
pilot in operations covered by paragraph (a)(1) of this section after 
that person has reached his or her 60th birthday, until December 20, 
1999. Notwithstanding Sec. 121.383(c), and except as provided in 
paragraph (i)(2) of this section, a person may serve as a pilot in 
operations covered by paragraph (a)(1) of this section after that person 
has reached his or her 60th birthday, until December 20, 1999.
    (2) This paragraph applies only to persons who were employed as 
pilots by a certificate holder in operations covered by paragraph (a)(1) 
of this section on March 20, 1997.
    (j) Any training or qualification obtained by a crewmember under 
part 135 of this chapter before March 20, 1997, is entitled to credit 
under this part for the purpose of meeting the requirements of this 
part, as determined by

[[Page 362]]

the Administrator. Records kept by a certificate holder under part 135 
of this chapter before March 20, 1997, can be annotated, with the 
approval of the Administrator, to reflect crewmember training and 
qualification credited toward part 121 requirements.

[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-
253, 61 FR 2609, Jan. 26, 1996; Amdt 121-256, 61 FR 30434, June 14, 
1996]



Sec. 121.4   Applicability of rules to unauthorized operators.

    The rules in this part which refer to a person certificated under 
part 119 of this chapter apply also to any person who engages in an 
operation governed by this part without the appropriate certificate and 
operations specifications required by part 119 of this chapter.

[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as amended by Amdt. 121-251, 
60 FR 65926, Dec. 20, 1995]



Sec. 121.11  Rules applicable to operations in a foreign country.

    Each certificate holder shall, while operating an airplane within a 
foreign country, comply with the air traffic rules of the country 
concerned and the local airport rules, except where any rule of this 
part is more restrictive and may be followed without violating the rules 
of that country.

[Doc. No. 16383, 43 FR 22641, May 25, 1978]



Sec. 121.15  Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

    If a certificate holder operating 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 Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.

[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]



   Subpart B--Certification Rules for Domestic and Flag Air Carriers 
                               [Reserved]



    Subpart C--Certification Rules for Supplemental Air Carriers and 
                     Commercial Operators [Reserved]



   Subpart D--Rules Governing All Certificate Holders Under This Part 
                               [Reserved]



       Subpart E--Approval of Routes: Domestic and Flag Operations

    Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.91  Applicability.

    This subpart prescribes rules for obtaining approval of routes by 
certificate holders conducting domestic or flag operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.93   Route requirements: General.

    (a) Each certificate holder conducting domestic or flag operations 
seeking a route approval must show--
    (1) That it is able to conduct satisfactorily scheduled operations 
between each regular, provisional, and refueling airport over that route 
or route segment; and
    (2) That the facilities and services required by Secs. 121.97 
through 121.107 are available and adequate for the proposed operation.

The Administrator approves a route outside of controlled airspace if he 
determines that traffic density is such that an adequate level of safety 
can be assured.
    (b) Paragraph (a) of this section does not require actual flight 
over a route or route segment if the certificate holder shows that the 
flight is not essential to safety, considering the availability and 
adequacy of airports, lighting, maintenance, communication, navigation, 
fueling, ground, and airplane radio facilities, and the ability of

[[Page 363]]

the personnel to be used in the proposed operation.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3638, Mar. 19, 1965; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.95   Route width.

    (a) Approved routes and route segments over U.S. Federal airways or 
foreign airways (and advisory routes in the case of certificate holders 
conducting flag operations) have a width equal to the designated width 
of those airways or routes. Whenever the Administrator finds it 
necessary to determine the width of other approved routes, he considers 
the following:
    (1) Terrain clearance.
    (2) Minimum en route altitudes.
    (3) Ground and airborne navigation aids.
    (4) Air traffic density.
    (5) ATC procedures.
    (b) Any route widths of other approved routes determined by the 
Administrator are specified in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.97   Airports: Required data.

    (a) Each certificate holder conducting domestic or flag operations 
must show that each route it submits for approval has enough airports 
that are properly equipped and adequate for the proposed operation, 
considering such items as size, surface, obstructions, facilities, 
public protection, lighting, navigational and communications aids, and 
ATC.
    (b) Each certificate holder conducting domestic or flag operations 
must show that it has an approved system for obtaining, maintaining, and 
distributing to appropriate personnel current aeronautical data for each 
airport it uses to ensure a safe operation at that airport. The 
aeronautical data must include the following:
    (1)  Airports.
    (i)  Facilities.
    (ii)  Public protection.
    (iii)  Navigational and communications aids.
    (iv)  Construction affecting takeoff, landing, or ground operations.
    (v)  Air traffic facilities.
    (2)  Runways, clearways and stopways.
    (i)  Dimensions.
    (ii)  Surface.
    (iii)  Marking and lighting systems.
    (iv)  Elevation and gradient.
    (3)  Displaced thresholds.
    (i)  Location.
    (ii)  Dimensions.
    (iii)  Takeoff or landing or both.
    (4)  Obstacles.
    (i)  Those affecting takeoff and landing performance computations in 
accordance with Subpart I of this part.
    (ii)  Controlling obstacles.
    (5)  Instrument flight procedures.
    (i)  Departure procedure.
    (ii)  Approach procedure.
    (iii)  Missed approach procedure.
    (6)  Special information.
    (i)  Runway visual range measurement equipment.
    (ii)  Prevailing winds under low visibility conditions.
    (c) If the certificate-holding district office charged with the 
overall inspection of the certificate holder's operations finds that 
revisions are necessary for the continued adequacy of the certificate 
holder's system for collection, dissemination, and usage of aeronautical 
data that has been granted approval, the certificate holder shall, after 
notification by the certificate-holding district office, make those 
revisions in the system. Within 30 days after the certificate holder 
receives such notice, the certificate holder may file a petition to 
reconsider the notice with the Director, Flight Standards Service. This 
filing of a petition to reconsider stays the notice pending a decision 
by the Director, Flight Standards Service. However, if the certificate-
holding district office finds that there is an emergency that requires 
immediate action in the interest of safety in air transportation, the 
Director, Flight Standards Service may, upon statement of the reasons, 
require a change effective without stay.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-162, 
45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]

[[Page 364]]



Sec. 121.99  Communications facilities.

    Each domestic and flag air carrier must show that a two-way radio 
communication system is available at points that will ensure reliable 
and rapid communications, under normal operating conditions over the 
entire route (either direct or via approved point-to-point circuits) 
between each airplane and the appropriate dispatch office, and between 
each airplane and the appropriate air traffic control unit except as 
specified in Sec. 121.351(c). For all operations by certificate holders 
conducting domestic operations and for certificate holders conducting 
flag operations in the 48 contiguous States and the District of 
Columbia, the communications systems between each airplane and the 
dispatch office must be independent of any system operated by the United 
States.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996, as amended by Amdt. 121-254, 
61 FR 7191, Feb. 26, 1996]



Sec. 121.101   Weather reporting facilities.

    (a) Each certificate holder conducting domestic or flag operations 
must show that enough weather reporting services are available along 
each route to ensure weather reports and forecasts necessary for the 
operation.
    (b) Except as provided in pararaph (d) of this section, no 
certificate holder conducting domestic or flag operations may use any 
weather report to control flight unless--
    (1) For operations within the 48 contiguous States and the District 
of Columbia, it was prepared by the U.S. National Weather Service or a 
source approved by the U.S. National Weather Service; or
    (2) For operations conducted outside the 48 contiguous States and 
the District of Columbia, it was prepared by a source approved by the 
Administrator.
    (c) Each certificate holder conducting domestic or flag operations 
that uses forecasts to control flight movements shall use forecasts 
prepared from weather reports specified in paragraph (b) of this section 
and from any source approved under its system adopted pursuant to 
paragraph (d) of this section.
    (d) Each certificate holder conducting domestic or flag operations 
shall adopt and put into use an approved system for obtaining forecasts 
and reports of adverse weather phenomena, such as clear air turbulence, 
thunderstorms, and low altitude wind shear, that may affect safety of 
flight on each route to be flown and at each airport to be used.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27, 
36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.103   En route navigational facilities.

    (a) Except as provided in paragraph (b) of this section, each 
certificate holder conducting domestic or flag operations must show, for 
each proposed route, that nonvisual ground aids are--
    (1) Available over the route for navigating aircraft within the 
degree of accuracy required for ATC; and
    (2) Located to allow navigation to any regular, provisional, 
refueling, or alternate airport, within the degree of accuracy necessary 
for the operation involved.

Except for those aids required for routes to alternate airports, 
nonvisual ground aids required for approval of routes outside of 
controlled airspace are listed in the certificate holder's operations 
specifications.
    (b) Nonvisual ground aids are not required for--
    (1) Day VFR operations that the certificate holder shows can be 
conducted safely by pilotage because of the characteristics of the 
terrain;
    (2) Night VFR operations on routes that the certificate holder shows 
have reliably lighted landmarks adequate for safe operation; and
    (3) Operations on route segments where the use of celestial or other 
specialized means of navigation is approved by the Administrator.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.105  Servicing and maintenance facilities.

    Each certificate holder conducting domestic or flag operations must 
show that competent personnel and adequate

[[Page 365]]

facilities and equipment (including spare parts, supplies, and 
materials) are available at such points along the certificate holder's 
route as are necessary for the proper servicing, maintenance, and 
preventive maintenance of airplanes and auxiliary equipment.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.107  Dispatch centers.

    Each certificate holder conducting domestic or flag operations must 
show that it has enough dispatch centers, adequate for the operations to 
be conducted, that are located at points necessary to ensure proper 
operational control of each flight.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



   Subpart F--Approval of Areas and Routes for Supplemental Operations

    Source: Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.111  Applicability.

    This subpart prescribes rules for obtaining approval of areas and 
routes by certificate holders conducting supplemental operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.113   Area and route requirements: General.

    (a) Each certificate holder conducting supplemental operations 
seeking route and area approval must show--
    (1) That it is able to conduct operations within the United States 
in accordance with paragraphs (a) (3) and (4) of this section;
    (2) That it is able to conduct operations in accordance with the 
applicable requirements for each area outside the United States for 
which authorization is requested;
    (3) That it is equipped and able to conduct operations over, and use 
the navigational facilities associated with, the Federal airways, 
foreign airways, or advisory routes (ADR's) to be used; and
    (4) That it will conduct all IFR and night VFR operations over 
Federal airways, foreign airways, controlled airspace, or advisory 
routes (ADR's).
    (b) Notwithstanding paragraph (a)(4) of this section, the 
Administrator may approve a route outside of controlled airspace if the 
certificate holder conducting supplemental operations shows the route is 
safe for operations and the Administrator finds that traffic density is 
such that an adequate level of safety can be assured. The certificate 
holder may not use such a route unless it is approved by the 
Administrator and is listed in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.115   Route width.

    (a) Routes and route segments over Federal airways, foreign airways, 
or advisory routes have a width equal to the designated width of those 
airways or advisory routes. Whenever the Administrator finds it 
necessary to determine the width of other routes, he considers the 
following:
    (1) Terrain clearance.
    (2) Minimum en route altitudes.
    (3) Ground and airborne navigation aids.
    (4) Air traffic density.
    (5) ATC procedures.
    (b) Any route widths of other routes determined by the Administrator 
are specified in the certificate holder's operations specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.117   Airports: Required data.

    (a) No certificate holder conducting supplemental operations may use 
any airport unless it is properly equipped and adequate for the proposed 
operation, considering such items as size, surface, obstructions, 
facilities, public protection, lighting, navigational and communications 
aids, and ATC.
    (b) Each certificate holder conducting supplemental operations must 
show that it has an approved system for obtaining, maintaining, and 
distributing to appropriate personnel current aeronautical data for each 
airport it uses to ensure a safe operation at that airport. The 
aeronautical data must include the following:
    (1)  Airports.

[[Page 366]]

    (i)  Facilities.
    (ii)  Public protection.
    (iii)  Navigational and communications aids.
    (iv)  Construction affecting takeoff, landing, or ground operations.
    (v)  Air traffic facilities.
    (2)  Runways, clearways, and stopways.
    (i)  Dimensions.
    (ii)  Surface.
    (iii)  Marking and lighting systems.
    (iv)  Elevation and gradient.
    (3)  Displaced thresholds.
    (i)  Location.
    (ii)  Dimensions.
    (iii)  Takeoff or landing or both.
    (4)  Obstacles.
    (i)  Those affecting takeoff and landing performance computations in 
accordance with Subpart I of this part.
    (ii)  Controlling obstacles.
    (5)  Instrument flight procedures.
    (i)  Departure procedure.
    (ii)  Approach procedure.
    (iii)  Missed approach procedure.
    (6)  Special information.
    (i)  Runway visual range measurement equipment.
    (ii)  Prevailing winds under low visibility conditions.
    (c) If the certificate-holding district office charged with the 
overall inspection of the certificate holder's operations finds that 
revisions are necessary for the continued adequacy of the certificate 
holder's system for collection, dissemination, and usage of aeronautical 
data that has been granted approval, the certificate holder shall, after 
notification by the certificate-holding district office, make those 
revisions in the system. Within 30 days after the certificate holder 
receives such notice, the certificate holder may file a petition to 
reconsider the notice with the Director, Flight Standards Service. This 
filing of a petition to reconsider stays the notice pending a decision 
by the Director, Flight Standards Service. However, if the certificate-
holding district office finds that there is an emergency that requires 
immediate action in the interest of safety in air transportation, the 
Director, Flight Standards Service may, upon a statement of the reasons, 
require a change effective without stay.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 
45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.119   Weather reporting facilities.

    (a) No certificate holder conducting supplemental operations may use 
any weather report to control flight unless it was prepared and released 
by the U.S. National Weather Service or a source approved by the Weather 
Bureau. For operations outside the U.S., or at U.S. Military airports, 
where those reports are not available, the certificate holder must show 
that its weather reports are prepared by a source found satisfactory by 
the Administrator.
    (b) Each certificate holder conducting supplemental operations that 
uses forecasts to control flight movements shall use forecasts prepared 
from weather reports specified in paragraph (a) of this section.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 
36 FR 13911, July 28, 1971; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.121   En route navigational facilities.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder conducting supplemental operations may conduct any 
operation over a route unless nonvisual ground aids are--
    (1) Available over the route for navigating airplanes within the 
degree of accuracy required for ATC; and
    (2) Located to allow navigation to any airport of destination, or 
alternate airport, within the degree of accuracy necessary for the 
operation involved.
    (b) Nonvisual ground aids are not required for--
    (1) Day VFR operations that can be conducted safely by pilotage 
because of the characteristics of the terrain;
    (2) Night VFR operations on lighted airways or on routes that the 
Administrator determines have reliable landmarks adequate for safe 
operation; or

[[Page 367]]

    (3) Operations on route segments where the use of celestial or other 
specialized means of navigation is approved.
    (c) Except for those aids required for routes to alternate airports, 
the nonvisual ground navigational aids that are required for approved of 
routes outside of controlled airspace are specified in the certificate 
holder's operations specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.123  Servicing maintenance facilities.

    Each certificate holder conducting supplemental operations must show 
that competent personnel and adequate facilities and equipment 
(including spare parts, supplies, and materials) are available for the 
proper servicing, maintenance, and preventive maintenance of aircraft 
and auxliary equipment.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



Sec. 121.125   Flight following system.

    (a) Each certificate holder conducting supplemental operations must 
show that it has--
    (1) An approved flight following system established in accordance 
with subpart U of this part and adequate for the proper monitoring of 
each flight, considering the operations to be conducted; and
    (2) Flight following centers located at those points necessary--
    (i) To ensure the proper monitoring of the progress of each flight 
with respect to its departure at the point of origin and arrival at its 
destination, including intermediate stops and diversions therefrom, and 
maintenance or mechanical delays encountered at those points or stops; 
and
    (ii) To ensure that the pilot in command is provided with all 
information necessary for the safety of the flight.
    (b) A certificate holder conducting supplemental operations may 
arrange to have flight following facilities provided by persons other 
than its employees, but in such a case the certificate holder continues 
to be primarily responsible for operational control of each flight.
    (c) A flight following system need not provide for in-flight 
monitoring by a flight following center.
    (d) The certificate holder's operations specifications specify the 
flight following system it is authorized to use and the location of the 
centers.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.127   Flight following system; requirements.

    (a) Each certificate holder conducting supplemental operations using 
a flight following system must show that--
    (1) The system has adequate facilities and personnel to provide the 
information necessary for the initiation and safe conduct of each flight 
to--
    (i) The flight crew of each aircraft; and
    (ii) The persons designated by the certificate holder to perform the 
function of operational control of the aircraft; and
    (2) The system has a means of communication by private or available 
public facilities (such as telephone, telegraph, or radio) to monitor 
the progress of each flight with respect to its departure at the point 
of origin and arrival at its destination, including intermediate stops 
and diversions therefrom, and maintenance or mechanical delays 
encountered at those points or stops.
    (b) The certificate holder conducting supplemental operations must 
show that the personnel specified in paragraph (a) of this section, and 
those it designates to perform the function of operational control of 
the aircraft, are able to perform their required duties.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



                     Subpart G--Manual Requirements



Sec. 121.131   Applicability.

    This subpart prescribes requirements for preparing and maintaining 
manuals by all certificate holders.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]

[[Page 368]]



Sec. 121.133  Preparation.

    (a) Each certificate holder shall prepare and keep current a manual 
for the use and guidance of flight, ground operations, and management 
personnel in conducting its operations.
    (b) For the purpose of this subpart, the certificate holder may 
prepare that part of the manual containing maintenance information and 
instructions, in whole or in part, in printed form or other form 
acceptable to the Administrator.

[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]



Sec. 121.135   Contents.

    (a) Each manual required by Sec. 121.133 must--
    (1) Include instructions and information necessary to allow the 
personnel concerned to perform their duties and responsibilities with a 
high degree of safety;
    (2) Be in a form that is easy to revise;
    (3) Have the date of last revision on each page concerned; and
    (4) Not be contrary to any applicable Federal regulation and, in the 
case of a flag or supplemental operation, any applicable foreign 
regulation, or the certificate holder's operations specifications or 
operating certificate.
    (b) The manual may be in two or more separate parts, containing 
together all of the following information, but each part must contain 
that part of the information that is appropriate for each group of 
personnel:
    (1) General policies.
    (2) Duties and responsibilities of each crewmember, appropriate 
members of the ground organization, and management personnel.
    (3) Reference to appropriate Federal Aviation Regulations.
    (4) Flight dispatching and operational control, including procedures 
for coordinated dispatch or flight control or flight following 
procedures, as applicable.
    (5) En route flight, navigation, and communication procedures, 
including procedures for the dispatch or release or continuance of 
flight if any item of equipment required for the particular type of 
operation becomes inoperative or unserviceable en route.
    (6) For domestic or flag operations, appropriate information from 
the en route operations specifications, including for each approved 
route the types of airplanes authorized, the type of operation such as 
VFR, IFR, day, night, etc., and any other pertinent information.
    (7) For supplemental operations, appropriate information from the 
operations specifications, including the area of operations authorized, 
the types of airplanes authorized, the type of operation such as VFR, 
IFR, day, night, etc., and any other pertinent information.
    (8) Appropriate information from the airport operations 
specifications, including for each airport--
    (i) Its location (domestic and flag operations only);
    (ii) Its designation (regular, alternate, provisional, etc.) 
(domestic and flag operations only);
    (iii) The types of airplanes authorized (domestic and flag 
operations only);
    (iv) Instrument approach procedures;
    (v) Landing and takeoff minimums; and
    (vi) Any other pertinent information.
    (9) Takeoff, en route, and landing weight limitations.
    (10) Procedures for familiarizing passengers with the use of 
emergency equipment, during flight.
    (11) Emergency equipment and procedures.
    (12) The method of designating succession of command of flight 
crewmembers.
    (13) Procedures for determining the usability of landing and takeoff 
areas, and for disseminating pertinent information thereon to operations 
personnel.
    (14) Procedures for operating in periods of ice, hail, 
thunderstorms, turbulence, or any potentially hazardous meteorological 
condition.
    (15) Each training program curriculum required by Sec. 121.403.
    (16) Instructions and procedures for maintenance, preventive 
maintenance, and servicing.
    (17) Time limitations, or standards for determining time 
limitations, for overhauls, inspections, and checks of airframes, 
engines, propellers, appliances and emergency equipment.

[[Page 369]]

    (18) Procedures for refueling aircraft, eliminating fuel 
contamination, protection from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling.
    (19) Airworthiness inspections, including instructions covering 
procedures, standards, responsibilities, and authority of inspection 
personnel.
    (20) Methods and procedures for maintaining the aircraft weight and 
center of gravity within approved limits.
    (21) Where applicable, pilot and dispatcher route and airport 
qualification procedures.
    (22) Accident notification procedures.
    (23) Procedures and information to assist personnel to identify 
packages marked or labeled as containing hazardous materials and, if 
these materials are to be carried, stored, or handled, procedures and 
instructions relating to the carriage, storage, or handling of hazardous 
materials, including the following:
    (i) Procedures for determining the proper shipper certification 
required by 49 CFR subchapter C, proper packaging, marking, labeling, 
shipping documents, compatibility of materials, and instructions on the 
loading, storage, and handling.
    (ii) Notification procedures for reporting hazardous material 
incidents as required by 49 CFR subchapter C.
    (iii) Instructions and procedures for the notification of the pilot 
in command when there are hazardous materials aboard, as required by 49 
CFR subchapter C.
    (24) Other information or instructions relating to safety.
    (c) Each certificate holder shall maintain at least one complete 
copy of the manual at its principal base of operations.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 
38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; 
Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, 
July 10, 1980; Amdt. 121-251, 60 FR 65926, Dec. 20, 1995; Amdt. 121-250, 
60 FR 65948, Dec. 20, 1995]



Sec. 121.137   Distribution and availability.

    (a) Each certificate holder shall furnish copies of the manual 
required by Sec. 121.133 (and the changes and additions thereto) or 
appropriate parts of the manual to--
    (1) Its appropriate ground operations and maintenance personnel;
    (2) Crewmembers; and
    (3) Representatives of the Administrator assigned to it.
    (b) Each person to whom a manual or appropriate parts of it are 
furnished under paragraph (a) of this section shall keep it up-to-date 
with the changes and additions furnished to that person and shall have 
the manual or appropriate parts of it accessible when performing 
assigned duties.
    (c) For the purpose of complying with paragraph (a) of this section, 
a certificate holder may furnish the persons listed therein the 
maintenance part of the manual in microfilm form if it also furnishes 
and maintains a reading device that provides a legible facsimile image 
of the microfilmed maintenance information and instructions.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 
35 FR 17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10, 1980]



Sec. 121.139   Requirement for manual aboard aircraft: Supplemental operations.

    (a) Except as provided in paragraph (b) of this section, each 
certificate holder conducting supplemental operations shall carry 
appropriate parts of the manual on each aircraft when away from the 
principal base of operations. The appropriate parts must be available 
for use of ground or flight personnel. If a supplemental air carrier or 
commercial operator carries aboard an aircraft all or any portion of the 
maintenance part of its manual in microfilm it must also carry a reading 
device that provides a legible facsimile image of the microfilmed 
maintenance information and instructions.
    (b) If a certificate holder conducting supplemental operations is 
able to perform all scheduled maintenance at specified stations where it 
keeps maintenance parts of the manual, it does not have to carry those 
parts of the manual aboard the aircraft en route to those stations.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 
35 FR 17176, Nov. 7, 1970; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]

[[Page 370]]



Sec. 121.141  Airplane flight manual.

    (a) Each certificate holder shall keep a current approved airplane 
flight manual for each type of airplane that it operates except for 
nontransport category airplanes certificated before January 1, 1965.
    (b) In each airplane required to have an airplane flight manual in 
paragraph (a) of this section, the certificate holder shall carry either 
the manual required by Sec. 121.133, if it contains the information 
required for the applicable flight manual and this information is 
clearly identified as flight manual requirements, or an approved 
Airplane Manual. If the certificate holder elects to carry the manual 
required by Sec. 121.133, the certificate holder may revise the 
operating procedures sections and modify the presentation of performance 
data from the applicable flight manual if the revised operating 
procedures and modified performance date presentation are--
    (1) Approved by the Administrator; and
    (2) Clearly identified as airplane flight manual requirements.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



                    Subpart H--Aircraft Requirements

    Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.151   Applicability.

    This subpart prescribes aircraft requirements for all certificate 
holders.



Sec. 121.153   Aircraft requirements: General.

    (a) Except as provided in paragraph (c) of this section, no 
certificate holder may operate an aircraft unless that aircraft--
    (1) Is registered as a civil aircraft of the United States and 
carries an appropriate current airworthiness certificate issued under 
this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) A certificate holder may use an approved weight and balance 
control system based on average, assumed, or estimated weight to comply 
with applicable airworthiness requirements and operating limitations.
    (c) A certificate holder may operate in common carriage, and for the 
carriage of mail, a civil aircraft which is leased or chartered to it 
without crew and is registered in a country which is a party to the 
Convention on International Civil Aviation if--
    (1) The aircraft carries an appropriate airworthiness certificate 
issued by the country of registration and meets the registration and 
identification requirements of that country;
    (2) The aircraft is of a type design which is approved under a U.S. 
type certificate and complies with all of the requirements of this 
chapter (14 CFR Chapter 1) that would be applicable to that aircraft 
were it registered in the United States, including the requirements 
which must be met for issuance of a U.S. standard airworthiness 
certificate (including type design conformity, condition for safe 
operation, and the noise, fuel venting, and engine emission requirements 
of this chapter), except that a U.S. registration certificate and a U.S. 
standard airworthiness certificate will not be issued for the aircraft;
    (3) The aircraft is operated by U.S.-certificated airmen employed by 
the certificate holder; and
    (4) The certificate holder files a copy of the aircraft lease or 
charter agreement with the FAA Aircraft Registry, Department of 
Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK 
(Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 
45 FR 68649, Oct. 16, 1980]
Sec. 121.155  [Reserved]



Sec. 121.157   Aircraft certification and equipment requirements.

    (a) Airplanes certificated before July 1, 1942. No certificate 
holder may operate an airplane that was type certificated before July 1, 
1942, unless--
    (1) That airplane meets the requirements of Sec. 121.173(c), or
    (2) That airplane and all other airplanes of the same or related 
type operated by that certificate holder meet

[[Page 371]]

the performance requirements of sections 4a.737-T through 4a.750-T of 
the Civil Air Regulations as in effect on January 31, 1965; or 
Secs. 25.45 through 25.75 and Sec. 121.173(a), (b), (d), and (e) of this 
title.
    (b) Airplanes certificated after June 30, 1942. Except as provided 
in paragraphs (c), (d), (e), and (f) of this section, no certificate 
holder may operate an airplane that was type certificated after June 30, 
1942, unless it is certificated as a transport category airplane and 
meets the requirements of Sec. 121.173(a), (b), (d), and (e).
    (c) C-46 type airplanes: passenger-carrying operations. No 
certificate holder may operate a C-46 airplane in passenger-carrying 
operations unless that airplane is operated in accordance with the 
operating limitations for transport category airplanes and meets the 
requirements of paragraph (b) of this section or meets the requirements 
of part 4b, as in effect July 20, 1950, and the requirements of 
Sec. 121.173 (a), (b), (d) and (e), except that--
    (1) The requirements of sections 4b.0 through 4b.19 as in effect May 
18, 1954, must be complied with;
    (2) The birdproof windshield requirements of section 4b.352 need not 
be complied with;
    (3) The provisions of sections 4b.480 through 4b.490 (except 
sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be 
complied with; and
    (4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 
1950, must be complied with.

In determining the takeoff path in accordance with section 4b.116 and 
the one-engine inoperative climb in accordance with section 4b.120 (a) 
and (b), the propeller of the inoperative engine may be assumed to be 
feathered if the airplane is equipped with either an approved means for 
automatically indicating when the particular engine has failed or an 
approved means for automatically feathering the propeller of the 
inoperative engine. The Administrator may authorize deviations from 
compliance with the requirements of sections 4b.130 through 4b.190 and 
subparts C, D, E, and F of part 4b (as designated in this paragraph) if 
he finds that (considering the effect of design changes) compliance is 
extremely difficult to accomplish and that service experience with the 
C-46 airplane justifies the deviation.
    (d) C-46 type airplanes: cargo operations. No certificate holder may 
use a nontransport category C-46 type airplane in cargo operations 
unless--
    (1) It is certificated at a maximum gross weight that is not greater 
than 48,000 pounds;
    (2) It meets the requirements of Secs. 121.199 through 121.205 using 
the performance data in appendix C to this part;
    (3) Before each flight, each engine contains at least 25 gallons of 
oil; and
    (4) After December 31, 1964--
    (i) It is powered by a type and model engine as set forth in 
appendix C of this part, when certificated at a maximum gross takeoff 
weight greater than 45,000 pounds; and
    (ii) It complies with the special airworthiness requirement set 
forth in Secs. 121.213 through 121.287 of this part or in appendix C of 
this part.
    (e) Commuter category airplanes. Except as provided in paragraph (f) 
of this section, no certificate holder may operate under this part a 
nontransport category airplane type certificated after December 31, 
1964, and before March 30, 1995, unless it meets the applicable 
requirements of Sec. 121.173 (a), (b), (d), and (e), and was type 
certificated in the commuter category.
    (f) Other nontransport category airplanes. No certificate holder may 
operate under this part a nontransport category airplane type 
certificated after December 31, 1964, unless it meets the applicable 
requirements of Sec. 121.173 (a), (b), (d), and (e), was manufactured 
before March 20, 1997, and meets one of the following:
    (1) Until December 20, 2010:
    (i) The airplane was type certificated in the normal category before 
July 1, 1970, and meets special conditions issued by the Administrator 
for airplanes intended for use in operations under part 135 of this 
chapter.
    (ii) The airplane was type certificated in the normal category 
before July 19, 1970, and meets the additional airworthiness standards 
in SFAR No. 23, 14 CFR part 23.

[[Page 372]]

    (iii) The airplane was type certificated in the normal category and 
meets the additional airworthiness standards in appendix A of part 135 
of this chapter.
    (iv) The airplane was type certificated in the normal category and 
complies with either section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR 
part 21.
    (2) The airplane was type certificated in the normal category, meets 
the additional requirements described in paragraphs (f)(1)(i) through 
(f)(1)(iv) of this section, and meets the performance requirements in 
appendix K of this part.
    (g) Certain newly manufactured airplanes. No certificate holder may 
operate an airplane under this part that was type certificated as 
described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section and 
that was manufactured after March 20, 1997, unless it meets the 
performance requirements in appendix K of this part.
    (h) Newly type certificated airplanes. No person may operate under 
this part an airplane for which the application for a type certificate 
is submitted after March 29, 1995, unless the airplane is type 
certificated under part 25 of this chapter.

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65927, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.159  Single-engine airplanes prohibited.

    No certificate holder may operate a single-engine airplane under 
this part.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



Sec. 121.161   Airplane limitations: Type of route.

    (a) Unless authorized by the Administrator, based on the character 
of the terrain, the kind of operation, or the performance of the 
airplane to be used, no certificate holder may operate two-engine or 
three-engine airplanes (except a three-engine turbine powered airplane) 
over a route that contains a point farther than 1 hour flying time (in 
still air at normal cruising speed with one engine inoperative) from an 
adequate airport.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder may operate a land airplane (other than a DC-3, C-46, 
CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an 
extended overwater operation unless it is certificated or approved as 
adequate for ditching under the ditching provisions of part 25 of this 
chapter.
    (c) Until December 20, 2010, a certificate holder may operate, in an 
extended overwater operation, a nontransport category land airplane type 
certificated after December 31, 1964, that was not certificated or 
approved as adequate for ditching under the ditching provisions of part 
25 of this chapter.

[Doc. No. 7329, 31 FR 13078, Oct. 8, 1966 as amended by Amdt. 121-162, 
45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995



Sec. 121.163   Aircraft proving tests.

    (a) Initial airplane proving tests. No person may operate an 
airplane not before proven for use in a kind of operation under this 
part or part 135 of this chapter unless an airplane of that type has 
had, in addition to the airplane certification tests, at least 100 hours 
of proving tests acceptable to the Administrator, including a 
representative number of flights into en route airports. The requirement 
for at least 100 hours of proving tests may be reduced by the 
Administrator if the Administrator determines that a satisfactory level 
of proficiency has been demonstrated to justify the reduction. At least 
10 hours of proving flights must be flown at night; these tests are 
irreducible.
    (b) Proving tests for kinds of operations. Unless otherwise 
authorized by the Administrator, for each type of airplane, a 
certificate holder must conduct at least 50 hours of proving tests 
acceptable to the Administrator for each kind of operation it intends to 
conduct, including a representative number of flights into en route 
airports.
    (c) Proving tests for materially altered airplanes. Unless otherwise 
authorized by the Administrator, for each type of airplane that is 
materially altered in design, a certificate holder must conduct at least 
50 hours of proving tests acceptable to the Administrator for each kind 
of operation it intends to

[[Page 373]]

conduct with that airplane, including a representative number of flights 
into en route airports.
    (d) Definition of materially altered. For the purposes of paragraph 
(c) of this section, a type of airplane is considered to be materially 
altered in design if the 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.
    (e) No certificate holder may carry passengers in an aircraft during 
proving tests, except for those needed to make the test and those 
designated by the Administrator. However, it may carry mail, express, or 
other cargo, when approved.

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-42, 
33 FR 10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121-162, 
45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995]



          Subpart I--Airplane Performance Operating Limitations

    Source: Docket No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 
7, 1965, unless otherwise noted.

    Editorial Note: For nomenclature changes to this subpart see Doc. 
No. 28154, 60 FR 65928, Dec. 20, 1995.



Sec. 121.171   Applicability.

    (a) This subpart prescribes airplane performance operating 
limitations for all certificate holders.
    (b) For purposes of this part, effective length of the runway for 
landing means the distance from the point at which the obstruction 
clearance plane associated with the approach end of the runway 
intersects the centerline of the runway to the far end thereof.
    (c) For the purposes of this subpart, obstruction clearance plane 
means a plane sloping upward from the runway at a slope of 1:20 to the 
horizontal, and tangent to or clearing all obstructions within a 
specified area surrounding the runway as shown in a profile view of that 
area. In the plan view, the centerline of the specified area coincides 
with the centerline of the runway, beginning at the point where the 
obstruction clearance plane intersects the centerline of the runway and 
proceeding to a point at least 1,500 feet from the beginning point. 
Thereafter the centerline coincides with the takeoff path over the 
ground for the runway (in the case of takeoffs) or with the instrument 
approach counterpart (for landings), or, where the applicable one of 
these paths has not been established, it proceeds consistent with turns 
of at least 4,000 foot radius until a point is reached beyond which the 
obstruction clearance plane clears all obstructions. This area extends 
laterally 200 feet on each side of the centerline at the point where the 
obstruction clearance plane intersects the runway and continues at this 
width to the end of the runway; then it increases uniformly to 500 feet 
on each side of the centerline at a point 1,500 feet from the 
intersection of the obstruction clearance plane with the runway; 
thereafter it extends laterally 500 feet on each side of the centerline.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.173   General.

    (a) Except as provided in paragraph (c) of this section, each 
certificate holder operating a reciprocating-engine-powered airplane 
shall comply with Secs. 121.175 through 121.187.
    (b) Except as provided in paragraph (c) of this section, each 
certificate holder operating a turbine-engine-powered airplane shall 
comply with the applicable provisions of Secs. 121.189 through 121.197, 
except that when it operates--
    (1) A turbo-propeller-powered airplane type certificated after 
August 29, 1959, but previously type certificated with the same number 
of reciprocating engines, the certificate holder may comply with 
Secs. 121.175 through 121.187; or
    (2) Until December 20, 2010, a turbo-propeller-powered airplane 
described in Sec. 121.157(f), the certificate holder may comply with the 
applicable performance requirements of appendix K of this part.
    (c) Each certificate holder operating a large nontransport category 
airplane type certificated before January 1, 1965, shall comply with 
Secs. 121.199 through

[[Page 374]]

121.205 and any determination of compliance must be based only on 
approved performance data.
    (d) The performance data in the Airplane Flight Manual applies in 
determining compliance with Secs. 121.175 through 121.197. Where 
conditions are different from those on which the performance data is 
based, compliance is determined by interpolation or by computing the 
effects of changes in the specific variables if the results of the 
interpolation or computations are substantially as accurate as the 
results of direct tests.
    (e) Except as provided in paragraph (c) of this section, no person 
may take off a reciprocating-engine-powered airplane at a weight that is 
more than the allowable weight for the runway being used (determined 
under the runway takeoff limitations of the operating rules of 14 CFR 
part 121, subpart I) after taking into account the temperature operating 
correction factors in the applicable Airplane Flight Manual.
    (f) The Administrator may authorize in the operations specifications 
deviations from the requirements in the subpart if special circumstances 
make a literal observance of a requirement unnecessary for safety.
    (g) The ten-mile width specified in Secs. 121.179 through 121.183 
may be reduced to five miles, for not more than 20 miles, when operating 
VFR or where navigation facilities furnish reliable and accurate 
identification of high ground and obstructions located outside of five 
miles, but within ten miles, on each side of the intended track.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.175  Airplanes: Reciprocating engine-powered: Weight limitations.

    (a) No person may take off a reciprocating engine powered 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 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 airplane concerned.
    (d) No person may take off a reciprocating engine powered 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 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.
    (f) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.177  Airplanes: Reciprocating engine-powered: Takeoff limitations.

    (a) No person operating a reciprocating engine powered airplane may 
takeoff that airplane unless it is possible--
    (1) To stop the airplane safely on the runway, as shown by the 
accelerate stop distance data, at any time during takeoff until reaching 
critical-engine failure speed;
    (2) If the critical engine fails at any time after the airplane 
reaches critical-engine failure speed V1, to continue the 
takeoff and reach a height of 50 feet, as indicated by the takeoff path 
data, before passing over the end of the runway; and
    (3) To clear all obstacles either by at least 50 feet vertically (as 
shown by the takeoff path data) or 200 feet horizontally within the 
airport boundaries and 300 feet horizontally beyond the boundaries, 
without banking before reaching a height of 50 feet (as shown by the 
takeoff path data) and thereafter without banking more than 15 degrees.
    (b) In applying this section, corrections must be made for the 
effective

[[Page 375]]

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.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41593, June 19, 1980; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.179  Airplanes: Reciprocating engine-powered: En route limitations: All engines operating.

    (a) No person operating a reciprocating engine powered airplane may 
take off that airplane at a weight, allowing for normal consumption of 
fuel and oil, that does not allow a rate of climb (in feet per minute), 
with all engines operating, of at least 6.90 VSo (that is, 
the number of feet per minute is obtained by multiplying the number of 
knots by 6.90) at an altitude of at least 1,000 feet above the highest 
ground or obstruction within ten miles of each side of the intended 
track.
    (b) This section does not apply to airplanes certificated under part 
4a of the Civil Air Regulations.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.181  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 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 at least 1,000 feet above the 
highest ground or obstruction within 10 miles of each side of the 
intended track. However, for the purposes of this paragraph the rate of 
climb for 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 airplane, at an all-engines-operating altitude that allows the 
airplane to continue, after an engine failure, to an alternate airport 
where a landing can be made in accordance with Sec. 121.187, allowing 
for normal consumption of fuel and oil. After the assumed failure, the 
flight path must clear the ground and any obstruction within five miles 
on each side of the intended track by at least 2,000 feet.
    (c) If an approved procedure under paragraph (b) of this section is 
used, the certificate holder shall comply with the following:
    (1) The rate of climb (as prescribed in the Airplane Flight Manual 
for the appropriate weight and altitude) used in calculating the 
airplane's flight path shall be diminished by an amount, in feet per 
minute, equal to

               (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

[[Page 376]]

and temperatures that would otherwise adversely affect the flight path.
    (5) In complying with this procedure fuel jettisoning is allowed if 
the certificate holder shows that it has an adequate training program, 
that proper instructions are given to the flight crew, and all other 
precautions are taken to insure a safe procedure.
    (6) The certificate holder shall specify in the dispatch or flight 
release an alternate airport that meets the requirements of 
Sec. 121.625.
    (d) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.183  Part 25 airplanes with four or more engines: Reciprocating engine powered: En route limitations: Two engines inoperative.

    (a) No person may operate an airplane certificated under part 25 and 
having four or more engines unless--
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.187; or
    (2) It is operated at a weight allowing the airplane, with the two 
critical engines inoperative, to climb at 0.013 
Vso2 feet per minute (that is, the number of feet 
per minute is obtained by multiplying the number of knots squared by 
0.013) at an altitude of 1,000 feet above the highest ground or 
obstruction within 10 miles on each side of the intended track, or at an 
altitude of 5,000 feet, whichever is higher.
    (b) For the purposes of paragraph (a)(2) of this section, it is 
assumed that--
    (1) The two engines fail at the point that is most critical with 
respect to the takeoff weight:
    (2) Consumption of fuel and oil is normal with all engines operating 
up to the point where the two engines fail and with two engines 
operating beyond that point;
    (3) Where the engines are assumed to fail at an altitude above the 
prescribed minimum altitude, compliance with the prescribed rate of 
climb at the prescribed minimum altitude need not be shown during the 
descent from the cruising altitude to the prescribed minimum altitude, 
if those requirements can be met once the prescribed minimum altitude is 
reached, and assuming descent to be along a net flight path and the rate 
of descent to be 0.013 Vso2 greater than the rate 
in the approved performance data; and
    (4) If fuel jettisoning is provided, the airplane's weight at the 
point where the two engines fail is considered to be not less than that 
which would include enough fuel to proceed to an airport meeting the 
requirements of Sec. 121.187 and to arrive at an altitude of at least 
1,000 feet directly over that airport.

    [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, 
as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.185  Airplanes: Reciprocating engine-powered: Landing limitations: Destination airport.

    (a) Except as provided in paragraph (b) of this section no person 
operating a reciprocating engine powered airplane may take off that 
airplane, unless its weight on arrival, allowing for normal consumption 
of fuel and oil in flight, would allow a full stop landing at the 
intended destination within 60 percent of the effective length of each 
runway described below from a point 50 feet directly above the 
intersection of the obstruction clearance plane and the runway. For the 
purposes of determining the allowable landing weight at the destination 
airport the following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction (forecast for the expected time 
of arrival), the ground handling characteristics of the type of 
airplane, and other conditions such as landing aids and terrain, and 
allowing for the effect of the landing path and roll of not more than 50 
percent of the headwind component or not less than 150 percent of the 
tailwind component.
    (b) An airplane that would be prohibited from being taken off 
because it could not meet the requirements of paragraph (a)(2) of this 
section may be

[[Page 377]]

taken off if an alternate airport is specified that meets all of the 
requirements of this section except that the airplane can accomplish a 
full stop landing within 70 percent of the effective length of the 
runway.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.187  Airplanes: Reciprocating engine-powered: Landing limitations: Alternate airport.

    (a) No person may list an airport as an alternate airport in a 
dispatch or flight release unless the airplane (at the weight 
anticipated at the time of arrival at the airport), based on the 
assumptions in Sec. 121.185, can be brought to a full stop landing, 
within 70 percent of the effective length of the runway.
    (b) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.189  Airplanes: Turbine engine powered: Takeoff limitations.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at a weight greater than that listed in the Airplane 
Flight Manual for the elevation of the airport and for the ambient 
temperature existing at takeoff.
    (b) No person operating a turbine engine powered airplane 
certificated after August 26, 1957, but before August 30, 1959 (SR422, 
422A), may take off that airplane at a weight greater than that listed 
in the Airplane Flight Manual for the minimum distances required for 
takeoff. In the case of an airplane certificated after September 30, 
1958 (SR422A, 422B), the takeoff distance may include a clearway 
distance but the clearway distance included may not be greater than \1/
2\ of the takeoff run.
    (c) No person operating a turbine engine powered airplane 
certificated after August 29, 1959 (SR422B), may take off that airplane 
at a weight greater than that listed in the Airplane Flight Manual at 
which compliance with the following may be shown:
    (1) The accelerate-stop distance must not exceed the length of the 
runway plus the length of any stopway.
    (2) The takeoff distance must not exceed the length of the runway 
plus the length of any clearway except that the length of any clearway 
included must not be greater than one-half the length of the runway.
    (3) The takeoff run must not be greater than the length of the 
runway.
    (d) No person operating a turbine engine powered airplane may take 
off that airplane at a weight greater than that listed in the Airplane 
Flight Manual--
    (1) In the case of an airplane certificated after August 26, 1957, 
but before October 1, 1958 (SR422), that allows a takeoff path that 
clears all obstacles either by at least (35+0.01D) feet vertically (D is 
the distance along the intended flight path from the end of the runway 
in feet), or by at least 200 feet horizontally within the airport 
boundaries and by at least 300 feet horizontally after passing the 
boundaries; or
    (2) In the case of an airplane certificated after September 30, 1958 
(SR 422A, 422B), that allows a net takeoff flight path that clears all 
obstacles either by a height of at least 35 feet vertically, or by at 
least 200 feet horizontally within the airport boundaries and by at 
least 300 feet horizontally after passing the boundaries.
    (e) In determining maximum weights, minimum distances and flight 
paths under paragraphs (a) through (d) of this section, correction must 
be made for the runway to be used, the elevation of the airport, the 
effective runway gradient, and the ambient temperature and wind 
component at the time of takeoff.
    (f) For the purposes of this section, it is assumed that the 
airplane is not banked before reaching a height of 50 feet, as shown by 
the takeoff path or net takeoff flight path data (as appropriate) in the 
Airplane Flight Manual, and thereafter that the maximum bank is not more 
than 15 degrees.
    (g) For the purposes of this section the terms, takeoff distance, 
takeoff run, net takeoff flight path and takeoff path

[[Page 378]]

have the same meanings as set forth in the rules under which the 
airplane was certificated.



Sec. 121.191  Airplanes: Turbine engine powered: En route limitations: One engine inoperative.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at a weight, allowing for normal consumption of fuel 
and oil, that is greater than that which (under the approved, one engine 
inoperative, en route net flight path data in the Airplane Flight Manual 
for that airplane) will allow compliance with paragraph (a) (1) or (2) 
of this section, based on the ambient temperatures expected en route:
    (1) There is a positive slope at an altitude of at least 1,000 feet 
above all terrain and obstructions within five statute miles on each 
side of the intended track, and, in addition, if that airplane was 
certificated after August 29, 1959 (SR 422B) there is a positive slope 
at 1,500 feet above the airport where the airplane is assumed to land 
after an engine fails.
    (2) The net flight path allows the airplane to continue flight from 
the cruising altitude to an airport where a landing can be made under 
Sec. 121.197, clearing all terrain and obstructions within five statute 
miles of the intended track by at least 2,000 feet vertically and with a 
positive slope at 1,000 feet above the airport where the airplane lands 
after an engine fails, or, if that airplane was certificated after 
September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet 
above the airport where the airplane lands after an engine fails.
    (b) For the purposes of paragraph (a)(2) of this section, it is 
assumed that--
    (1) The engine fails at the most critical point en route;
    (2) The airplane passes over the critical obstruction, after engine 
failure at a point that is no closer to the obstruction than the nearest 
approved radio navigation fix, unless the Administrator authorizes a 
different procedure based on adequate operational safeguards;
    (3) An approved method is used to allow for adverse winds:
    (4) Fuel jettisoning will be allowed if the certificate holder shows 
that the crew is properly instructed, that the training program is 
adequate, and that all other precautions are taken to insure a safe 
procedure;
    (5) The alternate airport is specified in the dispatch or flight 
release and meets the prescribed weather minimums; and
    (6) The consumption of fuel and oil after engine failure is the same 
as the consumption that is allowed for in the approved net flight path 
data in the Airplane Flight Manual.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-143, 43 FR 22641, May 25, 1978]



Sec. 121.193  Airplanes: Turbine engine powered: En route limitations: Two engines inoperative.

    (a) Airplanes certificated after August 26, 1957, but before October 
1, 1958 (SR 422). No person may operate a turbine engine powered 
airplane along an intended route unless he complies with either of the 
following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine-inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of 
Sec. 121.197, with a net flight path (considering the ambient 
temperature anticipated along the track) having a positive slope at an 
altitude of at least 1,000 feet above all terrain and obstructions 
within five miles on each side of the intended track, or at an altitude 
of 5,000 feet, whichever is higher.

For the purposes of paragraph (a)(2) of this section, it is assumed that 
the two engines fail at the most critical point en route, that if fuel 
jettisoning is provided, the airplane's weight at the point where the 
engines fail includes enough fuel to continue to the airport and to 
arrive at an altitude of at least 1,000 feet directly over the airport, 
and that the fuel and oil consumption after

[[Page 379]]

engine failure is the same as the consumption allowed for in the net 
flight path data in the Airplane Flight Manual.
    (b) Aircraft certificated after September 30, 1958, but before 
August 30, 1959 (SR 422A). No person may operate a turbine engine 
powered airplane along an intended route unless he complies with either 
of the following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine-inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of 
Sec. 121.197, with a net flight path (considering the ambient 
temperatures anticipated along the track) having a positive slope at an 
altitude of at least 1,000 feet above all terrain and obstructions 
within 5 miles on each side of the intended track, or at an altitude of 
2,000 feet, whichever is higher.

For the purposes of paragraph (b)(2) of this section, it is assumed that 
the two engines fail at the most critical point en route, that the 
airplane's weight at the point where the engines fail includes enough 
fuel to continue to the airport, to arrive at an altitude of at least 
1,500 feet directly over the airport, and thereafter to fly for 15 
minutes at cruise power or thrust, or both, and that the consumption of 
fuel and oil after engine failure is the same as the consumption allowed 
for in the net flight path data in the Airplane Flight Manual.
    (c) Aircraft certificated after August 29, 1959 (SR 422B). No person 
may operate a turbine engine powered airplane along an intended route 
unless he complies with either of the following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of 
Sec. 121.197, with the net flight path (considering the ambient 
temperatures anticipated along the track) clearing vertically by at 
least 2,000 feet all terrain and obstructions within five statute miles 
(4.34 nautical miles) on each side of the intended track. For the 
purposes of this subparagraph, it is assumed that--
    (i) The two engines fail at the most critical point en route;
    (ii) The net flight path has a positive slope at 1,500 feet above 
the airport where the landing is assumed to be made after the engines 
fail;
    (iii) Fuel jettisoning will be approved if the certificate holder 
shows that the crew is properly instructed, that the training program is 
adequate, and that all other precautions are taken to ensure a safe 
procedure;
    (iv) The airplane's weight at the point where the two engines are 
assumed to fail provides enough fuel to continue to the airport, to 
arrive at an altitude of at least 1,500 feet directly over the airport, 
and thereafter to fly for 15 minutes at cruise power or thrust, or both; 
and
    (v) The consumption of fuel and oil after the engine failure is the 
same as the consumption that is allowed for in the net flight path data 
in the Airplane Flight Manual.



Sec. 121.195  Airplanes: Turbine engine powered: Landing limitations: Destination airports.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at such a weight that (allowing for normal consumption 
of fuel and oil in flight to the destination or alternate airport) the 
weight of the airplane on arrival would exceed the landing weight set 
forth in the Airplane Flight Manual for the elevation of the destination 
or alternate airport and the ambient temperature anticipated at the time 
of landing.
    (b) Except as provided in paragraph (c), (d), or (e) of this 
section, no person operating a turbine engine powered airplane may take 
off that airplane unless its weight on arrival, allowing for normal 
consumption of fuel and oil in

[[Page 380]]

flight (in accordance with the landing distance set forth in the 
Airplane Flight Manual for the elevation of the destination airport and 
the wind conditions anticipated there at the time of landing), would 
allow a full stop landing at the intended destination airport within 60 
percent of the effective length of each runway described below from a 
point 50 feet above the intersection of the obstruction clearance plane 
and the runway. For the purpose of determining the allowable landing 
weight at the destination airport the following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction, in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction and the ground handling 
characteristics of the airplane, and considering other conditions such 
as landing aids and terrain.
    (c) A turbopropeller powered airplane that would be prohibited from 
being taken off because it could not meet the requirements of paragraph 
(b)(2) of this section, may be taken off if an alternate airport is 
specified that meets all the requirements of this section except that 
the airplane can accomplish a full stop landing within 70 percent of the 
effective length of the runway.
    (d) Unless, based on a showing of actual operating landing 
techniques on wet runways, a shorter landing distance (but never less 
than that required by paragraph (b) of this section) has been approved 
for a specific type and model airplane and included in the Airplane 
Flight Manual, no person may takeoff a turbojet powered airplane when 
the appropriate weather reports and forecasts, or a combination thereof, 
indicate that the runways at the destination airport may be wet or 
slippery at the estimated time of arrival unless the effective runway 
length at the destination airport is at least 115 percent of the runway 
length required under paragraph (b) of this section.
    (e) A turbojet powered airplane that would be prohibited from being 
taken off because it could not meet the requirements of paragraph (b)(2) 
of this section may be taken off if an alternate airport is specified 
that meets all the requirements of paragraph (b) of this section.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 
30 FR 8572, July 7, 1965]



Sec. 121.197  Airplanes: Turbine engine powered: Landing limitations: Alternate airports.

    No person may list an airport as an alternate airport in a dispatch 
or flight release for a turbine engine powered airplane unless (based on 
the assumptions in Sec. 121.195 (b)) that airplane at the weight 
anticipated at the time of arrival can be brought to a full stop landing 
within 70 percent of the effective length of the runway for 
turbopropeller powered airplanes and 60 percent of the effective length 
of the runway for turbojet powered airplanes, from a point 50 feet above 
the intersection of the obstruction clearance plane and the runway. In 
the case of an alternate airport for departure, as provided in 
Sec. 121.617, allowance may be made for fuel jettisoning in addition to 
normal consumption of fuel and oil when determining the weight 
anticipated at the time of arrival.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 
30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]



Sec. 121.198  Cargo service airplanes: Increased zero fuel and landing weights.

    (a) Notwithstanding the applicable structural provisions of the 
airworthiness regulations but subject to paragraphs (b) through (g) of 
this section, a certificate holder may operate (for cargo service only) 
any of the following airplanes (certificated under part 4b of the Civil 
Air Regulations effective before March 13, 1956) at increased zero fuel 
and landing weights--
    (1) DC-6A, DC-6B, DC-7B, and DC-7C; and
    (2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in 
accordance with supplemental type certificate SA 4-1402.
    (b) The zero fuel weight (maximum weight of the airplane with no 
disposable fuel and oil) and the structural landing weight may be 
increased beyond the maximum approved in full

[[Page 381]]

compliance with applicable regulations only if the Administrator finds 
that--
    (1) The increase is not likely to reduce seriously the structural 
strength;
    (2) The probability of sudden fatigue failure is not noticeably 
increased;
    (3) The flutter, deformation, and vibration characteristics do not 
fall below those required by applicable regulations; and
    (4) All other applicable weight limitations will be met.
    (c) No zero fuel weight may be increased by more than five percent, 
and the increase in the structural landing weight may not exceed the 
amount, in pounds, of the increase in zero fuel weight.
    (d) Each airplane must be inspected in accordance with the approved 
special inspection procedures, for operations at increased weights, 
established and issued by the manufacturer of the type of airplane.
    (e) Each airplane operated under this section must be operated in 
accordance with the passenger-carrying performance operating limitations 
prescribed in this part.
    (f) The Airplane Flight Manual for each airplane operated under this 
section must be appropriately revised to include the operating 
limitations and information needed for operation at the increased 
weights.
    (g) Except as provided for the carrying of persons under 
Sec. 121.583 each airplane operated at an increased weight under this 
section must, before it is used in passenger service, be inspected under 
the special inspection procedures for return to passenger service 
established and issued by the manufacturer and approved by the 
Administrator.



Sec. 121.199   Nontransport category airplanes: Takeoff limitations.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight greater than the weight that would allow 
the airplane to be brought to a safe stop within the effective length of 
the runway, from any point during the takeoff before reaching 105 
percent of minimum control speed (the minimum speed at which an airplane 
can be safely controlled in flight after an engine becomes inoperative) 
or 115 percent of the power off stalling speed in the takeoff 
configuration, whichever is greater.
    (b) For the purposes of this section--
    (1) It may be assumed that takeoff power is used on all engines 
during the acceleration;
    (2) Not more than 50 percent of the reported headwind component, or 
not less than 150 percent of the reported tailwind component, may be 
taken into account;
    (3) The average runway gradient (the difference between the 
elevations of the endpoints of the runway divided by the total length) 
must be considered if it is more than one-half of 1 percent;
    (4) It is assumed that the airplane is operating in standard 
atmosphere; and
    (5) The effective length of the runway for takeoff means the 
distance from the end of the runway at which the takeoff is started to a 
point at which the obstruction clearance plane associated with the other 
end of the runway intersects the runway centerline.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.201  Nontransport category airplanes: En route limitations: One engine inoperative.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a nontransport category airplane may take off that airplane at 
a weight that does not allow a rate of climb of at least 50 feet a 
minute, with the critical engine inoperative, at an altitude of at least 
1,000 feet above the highest obstruction within five miles on each side 
of the intended track, or 5,000 feet, whichever is higher.
    (b) Notwithstanding paragraph (a) of this section, if the 
Administrator finds that safe operations are not impaired, a person may 
operate the airplane at an altitude that allows the airplane, in case of 
engine failure, to clear all obstructions within 5 miles on each side of 
the intended track by 1,000 feet. If this procedure is used, the rate of 
descent for the appropriate weight and altitude is assumed to be 50 feet 
a minute greater than the rate in the approved performance data. Before 
approving such a procedure, the Administrator considers the following 
for the

[[Page 382]]

route, route segment, or area concerned:
    (1) The reliability of wind and weather forecasting.
    (2) The location and kinds of navigation aids.
    (3) The prevailing weather conditions, particularly the frequency 
and amount of turbulence normally encountered.
    (4) Terrain features.
    (5) Air traffic control problems.
    (6) Any other operational factors that affect the operation.
    (c) For the purposes of this section, it is assumed that--
    (1) The critical engine is inoperative;
    (2) The propeller of the inoperative engine is in the minimum drag 
position;
    (3) The wing flaps and landing gear are in the most favorable 
position;
    (4) The operating engines are operating at the maximum continuous 
power available;
    (5) The airplane is operating in standard atmosphere; and
    (6) The weight of the airplane is progressively reduced by the 
anticipated consumption of fuel and oil.



Sec. 121.203  Nontransport category airplanes: Landing limitations: Destination airport.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight that--
    (1) Allowing for anticipated consumption of fuel and oil, is greater 
than the weight that would allow a full stop landing within 60 percent 
of the effective length of the most suitable runway at the destination 
airport; and
    (2) Is greater than the weight allowable if the landing is to be 
made on the runway--
    (i) With the greatest effective length in still air; and
    (ii) Required by the probable wind, taking into account not more 
than 50 percent of the headwind component or not less than 150 percent 
of the tailwind component.
    (b) For the purposes of this section, it is assumed that--
    (1) The airplane passes directly over the intersection of the 
obstruction clearance plane and the runway at a height of 50 feet in a 
steady gliding approach at a true indicated airspeed of at least 1.3 
VSo;
    (2) The landing does not require exceptional pilot skill; and
    (3) The airplane is operating in standard atmosphere.



Sec. 121.205  Nontransport category airplanes: Landing limitations: Alternate airport.

    No person may list an airport as an alternate airport in a dispatch 
or flight release for a nontransport category airplane unless that 
airplane (at the weight anticipated at the time of arrival) based on the 
assumptions contained in Sec. 121.203, can be brought to a full stop 
landing within 70 percent of the effective length of the runway.



Sec. 121.207  Provisionally certificated airplanes: Operating limitations.

    In addition to the limitations in Sec. 91.317 of this chapter, the 
following limitations apply to the operation of provisionally 
certificated airplanes by certificate holders:
    (a) In addition to crewmembers, each certificate holder may carry on 
such an airplane only those persons who are listed in Sec. 121.547(c) or 
who are specifically authorized by both the certificate holder and the 
Administrator.
    (b) Each certificate holder shall keep a log of each flight 
conducted under this section and shall keep accurate and complete 
records of each inspection made and all maintenance performed on the 
airplane. The certificate holder shall make the log and records made 
under this section available to the manufacturer and the Administrator.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



              Subpart J--Special Airworthiness Requirements

    Source: Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.211  Applicability.

    (a) This subpart prescribes special airworthiness requirements 
applicable to certificate holders as stated in paragraphs (b) through 
(e) of this section.
    (b) Except as provided in paragraph (d) of this section, each 
airplane type certificated under Aero Bulletin 7A or

[[Page 383]]

part 04 of the Civil Air Regulations in effect before November 1, 1946 
must meet the special airworthiness requirements in Secs. 121.215 
through 121.283.
    (c) Each certificate holder must comply with the requirements of 
Secs. 121.285 through 121.291.
    (d) If the Administrator determines that, for a particular model of 
airplane used in cargo service, literal compliance with any requirement 
under paragraph (b) of this section would be extremely difficult and 
that compliance would not contribute materially to the objective sought, 
he may require compliance only with those requirements that are 
necessary to accomplish the basic objectives of this part.
    (e) No person may operate under this part a nontransport category 
airplane type certificated after December 31, 1964, unless the airplane 
meets the special airworthiness requirements in Sec. 121.293.

[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995]
Sec. 121.213  [Reserved]



Sec. 121.215   Cabin interiors.

    (a) Except as provided in Sec. 121.312, each compartment used by the 
crew or passengers must meet the requirements of this section.
    (b) Materials must be at least flash resistant.
    (c) The wall and ceiling linings and the covering of upholstering, 
floors, and furnishings must be flame resistant.
    (d) Each compartment where smoking is to be allowed must be equipped 
with self-contained ash trays that are completely removable and other 
compartments must be placarded against smoking.
    (e) Each receptacle for used towels, papers, and wastes must be of 
fire-resistant material and must have a cover or other means of 
containing possible fires started in the receptacles.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84, 
37 FR 3974, Feb. 24, 1972]



Sec. 121.217   Internal doors.

    In any case where internal doors are equipped with louvres or other 
ventilating means, there must be a means convenient to the crew for 
closing the flow of air through the door when necessary.



Sec. 121.219   Ventilation.

    Each passenger or crew compartment must be suitably ventilated. 
Carbon monoxide concentration may not be more than one part in 20,000 
parts of air, and fuel fumes may not be present. In any case where 
partitions between compartments have louvres or other means allowing air 
to flow between compartments, there must be a means convenient to the 
crew for closing the flow of air through the partitions, when necessary.



Sec. 121.221   Fire precautions.

    (a) Each compartment must be designed so that, when used for storing 
cargo or baggage, it meets the following requirements:
    (1) No compartment may include controls, wiring, lines, equipment, 
or accessories that would upon damage or failure, affect the safe 
operation of the airplane unless the item is adequately shielded, 
isolated, or otherwise protected so that it cannot be damaged by 
movement of cargo in the compartment and so that damage to or failure of 
the item would not create a fire hazard in the compartment.
    (2) Cargo or baggage may not interfere with the functioning of the 
fire-protective features of the compartment.
    (3) Materials used in the construction of the compartments, 
including tie-down equipment, must be at least flame resistant.
    (4) Each compartment must include provisions for safeguarding 
against fires according to the classifications set forth in paragraphs 
(b) through (f) of this section.
    (b) Class A. Cargo and baggage compartments are classified in the 
``A'' category if--
    (1) A fire therein would be readily discernible to a member of the 
crew while at his station; and
    (2) All parts of the compartment are easily accessible in flight.

There must be a hand fire extinguisher available for each Class A 
compartment.
    (c) Class B. Cargo and baggage compartments are classified in the 
``B''

[[Page 384]]

category if enough access is provided while in flight to enable a member 
of the crew to effectively reach all of the compartment and its contents 
with a hand fire extinguisher and the compartment is so designed that, 
when the access provisions are being used, no hazardous amount of smoke, 
flames, or extinguishing agent enters any compartment occupied by the 
crew or passengers. Each Class B compartment must comply with the 
following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) There must be a hand fire extinguisher available for the 
compartment.
    (3) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (d) Class C. Cargo and baggage compartments are classified in the 
``C'' category if they do not conform with the requirements for the 
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must 
comply with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) It must have an approved built-in fire-extinguishing system 
controlled from the pilot or flight engineer station.
    (3) It must be designed to exclude hazardous quantities of smoke, 
flames, or extinguishing agents from entering into any compartment 
occupied by the crew or passengers.
    (4) It must have ventilation and draft controlled so that the 
extinguishing agent provided can control any fire that may start in the 
compartment.
    (5) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (e) Class D. Cargo and baggage compartments are classified in the 
``D'' category if they are so designed and constructed that a fire 
occurring therein will be completely confined without endangering the 
safety of the airplane or the occupants. Each Class D compartment must 
comply with the following:
    (1) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering any compartment occupied by the 
crew or passengers.
    (2) Ventilation and drafts must be controlled within each 
compartment so that any fire likely to occur in the compartment will not 
progress beyond safe limits.
    (3) It must be completely lined with fire-resistant material.
    (4) Consideration must be given to the effect of heat within the 
compartment on adjacent critical parts of the airplane.
    (f) Class E. On airplanes used for the carriage of cargo only, the 
cabin area may be classified as a Class ``E'' compartment. Each Class E 
compartment must comply with the following:
    (1) It must be completely lined with fire-resistant material.
    (2) It must have a separate system of an approved type smoke or fire 
detector to give warning at the pilot or flight engineer station.
    (3) It must have a means to shut off the ventilating air flow to or 
within the compartment and the controls for that means must be 
accessible to the flight crew in the crew compartment.
    (4) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering the flight crew compartment.
    (5) Required crew emergency exits must be accessible under all cargo 
loading conditions.



Sec. 121.223   Proof of compliance with Sec. 121.221.

    Compliance with those provisions of Sec. 121.221 that refer to 
compartment accessibility, the entry of hazardous quantities of smoke or 
extinguishing agent into compartments occupied by the crew or 
passengers, and the dissipation of the extinguishing agent in Class 
``C'' compartments must be shown by tests in flight. During these tests 
it must be shown that no inadvertent operation of smoke or fire 
detectors in other compartments within the airplane would occur as a 
result of fire

[[Page 385]]

contained in any one compartment, either during the time it is being 
extinguished, or thereafter, unless the extinguishing system floods 
those compartments simultaneously.



Sec. 121.225   Propeller deicing fluid.

    If combustible fluid is used for propeller deicing, the certificate 
holder must comply with Sec. 121.255.



Sec. 121.227   Pressure cross-feed arrangements.

    (a) Pressure cross-feed lines may not pass through parts of the 
airplane used for carrying persons or cargo unless--
    (1) There is a means to allow crewmembers to shut off the supply of 
fuel to these lines; or
    (2) The lines are enclosed in a fuel and fume-proof enclosure that 
is ventilated and drained to the exterior of the airplane.

However, such an enclosure need not be used if those lines incorporate 
no fittings on or within the personnel or cargo areas and are suitably 
routed or protected to prevent accidental damage.
    (b) Lines that can be isolated from the rest of the fuel system by 
valves at each end must incorporate provisions for relieving excessive 
pressures that may result from exposure of the isolated line to high 
temperatures.



Sec. 121.229   Location of fuel tanks.

    (a) Fuel tanks must be located in accordance with Sec. 121.255.
    (b) No part of the engine nacelle skin that lies immediately behind 
a major air outlet from the engine compartment may be used as the wall 
of an integral tank.
    (c) Fuel tanks must be isolated from personnel compartments by means 
of fume- and fuel-proof enclosures.



Sec. 121.231   Fuel system lines and fittings.

    (a) Fuel lines must be installed and supported so as to prevent 
excessive vibration and so as to be adequate to withstand loads due to 
fuel pressure and accelerated flight conditions.
    (b) Lines connected to components of the airplanes between which 
there may be relative motion must incorporate provisions for 
flexibility.
    (c) Flexible connections in lines that may be under pressure and 
subject to axial loading must use flexible hose assemblies rather than 
hose clamp connections.
    (d) Flexible hose must be of an acceptable type or proven suitable 
for the particular application.



Sec. 121.233   Fuel lines and fittings in designated fire zones.

    Fuel lines and fittings in each designated fire zone must comply 
with Sec. 121.259.



Sec. 121.235   Fuel valves.

    Each fuel valve must--
    (a) Comply with Sec. 121.257;
    (b) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (c) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines connected 
to the valve.



Sec. 121.237   Oil lines and fittings in designated fire zones.

    Oil line and fittings in each designated fire zone must comply with 
Sec. 121.259.



Sec. 121.239   Oil valves.

    (a) Each oil valve must--
    (1) Comply with Sec. 121.257;
    (2) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (3) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines attached 
to the valve.
    (b) The closing of an oil shutoff means must not prevent feathering 
the propeller, unless equivalent safety provisions are incorporated.



Sec. 121.241   Oil system drains.

    Accessible drains incorporating either a manual or automatic means 
for positive locking in the closed position, must be provided to allow 
safe drainage of the entire oil system.



Sec. 121.243   Engine breather lines.

    (a) Engine breather lines must be so arranged that condensed water 
vapor that may freeze and obstruct the line cannot accumulate at any 
point.

[[Page 386]]

    (b) Engine breathers must discharge in a location that does not 
constitute a fire hazard in case foaming occurs and so that oil emitted 
from the line does not impinge upon the pilots' windshield.
    (c) Engine breathers may not discharge into the engine air induction 
system.



Sec. 121.245   Fire walls.

    Each engine, auxiliary power unit, fuel-burning heater, or other 
item of combustion equipment that is intended for operation in flight 
must be isolated from the rest of the airplane by means of firewalls or 
shrouds, or by other equivalent means.



Sec. 121.247   Fire-wall construction.

    Each fire wall and shroud must--
    (a) Be so made that no hazardous quantity of air, fluids, or flame 
can pass from the engine compartment to other parts of the airplane;
    (b) Have all openings in the fire wall or shroud sealed with close-
fitting fire-proof grommets, bushings, or firewall fittings;
    (c) Be made of fireproof material; and
    (d) Be protected against corrosion.



Sec. 121.249   Cowling.

    (a) Cowling must be made and supported so as to resist the vibration 
inertia, and air loads to which it may be normally subjected.
    (b) Provisions must be made to allow rapid and complete drainage of 
the cowling in normal ground and flight attitudes. Drains must not 
discharge in locations constituting a fire hazard. Parts of the cowling 
that are subjected to high temperatures because they are near exhaust 
system parts or because of exhaust gas impingement must be made of 
fireproof material. Unless otherwise specified in these regulations all 
other parts of the cowling must be made of material that is at least 
fire resistant.



Sec. 121.251   Engine accessory section diaphragm.

    Unless equivalent protection can be shown by other means, a 
diaphragm that complies with Sec. 121.247 must be provided on air-cooled 
engines to isolate the engine power section and all parts of the exhaust 
system from the engine accessory compartment.



Sec. 121.253   Powerplant fire protection.

    (a) Designated fire zones must be protected from fire by compliance 
with Secs. 121.255 through 121.261.
    (b) Designated fire zones are--
    (1) Engine accessory sections;
    (2) Installations where no isolation is provided between the engine 
and accessory compartment; and
    (3) Areas that contain auxiliary power units, fuel-burning heaters, 
and other combustion equipment.



Sec. 121.255   Flammable fluids.

    (a) No tanks or reservoirs that are a part of a system containing 
flammable fluids or gases may be located in designated fire zones, 
except where the fluid contained, the design of the system, the 
materials used in the tank, the shutoff means, and the connections, 
lines, and controls provide equivalent safety.
    (b) At least one-half inch of clear airspace must be provided 
between any tank or reservoir and a firewall or shroud isolating a 
designated fire zone.



Sec. 121.257   Shutoff means.

    (a) Each engine must have a means for shutting off or otherwise 
preventing hazardous amounts of fuel, oil, deicer, and other flammable 
fluids from flowing into, within, or through any designated fire zone. 
However, means need not be provided to shut off flow in lines that are 
an integral part of an engine.
    (b) The shutoff means must allow an emergency operating sequence 
that is compatible with the emergency operation of other equipment, such 
as feathering the propeller, to facilitate rapid and effective control 
of fires.
    (c) Shutoff means must be located outside of designated fire zones, 
unless equivalent safety is provided, and it must be shown that no 
hazardous amount of flammable fluid will drain into any designated fire 
zone after a shut off.
    (d) Adequate provisions must be made to guard against inadvertent 
operation of the shutoff means and to make it possible for the crew to 
reopen

[[Page 387]]

the shutoff means after it has been closed.



Sec. 121.259   Lines and fittings.

    (a) Each line, and its fittings, that is located in a designated 
fire zone, if it carries flammable fluids or gases under pressure, or is 
attached directly to the engine, or is subject to relative motion 
between components (except lines and fittings forming an integral part 
of the engine), must be flexible and fire-resistant with fire-resistant, 
factory-fixed, detachable, or other approved fire-resistant ends.
    (b) Lines and fittings that are not subject to pressure or to 
relative motion between components must be of fire-resistant materials.



Sec. 121.261   Vent and drain lines.

    All vent and drain lines and their fittings, that are located in a 
designated fire zone must, if they carry flammable fluids or gases, 
comply with Sec. 121.259, if the Administrator finds that the rupture or 
breakage of any vent or drain line may result in a fire hazard.



Sec. 121.263   Fire-extinguishing systems.

    (a) Unless the certificate holder shows that equivalent protection 
against destruction of the airplane in case of fire is provided by the 
use of fireproof materials in the nacelle and other components that 
would be subjected to flame, fire-extinguishing systems must be provided 
to serve all designated fire zones.
    (b) Materials in the fire-extinguishing system must not react 
chemically with the extinguishing agent so as to be a hazard.



Sec. 121.265   Fire-extinguishing agents.

    Only methyl bromide, carbon dioxide, or another agent that has been 
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing 
agent is used, provisions must be made to prevent harmful concentrations 
of fluid or fluid vapors from entering any personnel compartment either 
because of leakage during normal operation of the airplane or because of 
discharging the fire extinguisher on the ground or in flight when there 
is a defect in the extinguishing system. If a methyl bromide system is 
used, the containers must be charged with dry agent and sealed by the 
fire-extinguisher manufacturer or some other person using satisfactory 
recharging equipment. If carbon dioxide is used, it must not be possible 
to discharge enough gas into the personnel compartments to create a 
danger of suffocating the occupants.



Sec. 121.267   Extinguishing agent container pressure relief.

    Extinguishing agent containers must be provided with a pressure 
relief to prevent bursting of the container because of excessive 
internal pressures. The discharge line from the relief connection must 
terminate outside the airplane in a place convenient for inspection on 
the ground. An indicator must be provided at the discharge end of the 
line to provide a visual indication when the container has discharged.



Sec. 121.269   Extinguishing agent container compartment temperature.

    Precautions must be taken to insure that the extinguishing agent 
containers are installed in places where reasonable temperatures can be 
maintained for effective use of the extinguishing system.



Sec. 121.271   Fire-extinguishing system materials.

    (a) Except as provided in paragraph (b) of this section, each 
component of a fire-extinguishing system that is in a designated fire 
zone must be made of fireproof materials.
    (b) Connections that are subject to relative motion between 
components of the airplane must be made of flexible materials that are 
at least fire-resistant and be located so as to minimize the probability 
of failure.



Sec. 121.273   Fire-detector systems.

    Enough quick-acting fire detectors must be provided in each 
designated fire zone to assure the detection of any fire that may occur 
in that zone.



Sec. 121.275   Fire detectors.

    Fire detectors must be made and installed in a manner that assures 
their

[[Page 388]]

ability to resist, without failure, all vibration, inertia, and other 
loads to which they may be normally subjected. Fire detectors must be 
unaffected by exposure to fumes, oil, water, or other fluids that may be 
present.



Sec. 121.277   Protection of other airplane components against fire.

    (a) Except as provided in paragraph (b) of this section, all 
airplane surfaces aft of the nacelles in the area of one nacelle 
diameter on both sides of the nacelle centerline must be made of 
material that is at least fire resistant.
    (b) Paragraph (a) of this section does not apply to tail surfaces 
lying behind nacelles unless the dimensional configuration of the 
airplane is such that the tail surfaces could be affected readily by 
heat, flames, or sparks emanating from a designated fire zone or from 
the engine compartment of any nacelle.



Sec. 121.279   Control of engine rotation.

    (a) Except as provided in paragraph (b) of this section, each 
airplane must have a means of individually stopping and restarting the 
rotation of any engine in flight.
    (b) In the case of turbine engine installations, a means of stopping 
the rotation need be provided only if the Administrator finds that 
rotation could jeopardize the safety of the airplane.



Sec. 121.281   Fuel system independence.

    (a) Each airplane fuel system must be arranged so that the failure 
of any one component does not result in the irrecoverable loss of power 
of more than one engine.
    (b) A separate fuel tank need not be provided for each engine if the 
certificate holder shows that the fuel system incorporates features that 
provide equivalent safety.



Sec. 121.283   Induction system ice prevention.

    A means for preventing the malfunctioning of each engine due to ice 
accumulation in the engine air induction system must be provided for 
each airplane.



Sec. 121.285   Carriage of cargo in passenger compartments.

    (a) Except as provided in paragraph (b), (c), or (d) or this 
section, no certificate holder may carry cargo in the passenger 
compartment of an airplane.
    (b) Cargo may be carried anywhere in the passenger compartment if it 
is carried in an approved cargo bin that meets the following 
requirements:
    (1) The bin must withstand the load factors and emergency landing 
conditions applicable to the passenger seats of the airplane in which 
the bin is installed, multiplied by a factor of 1.15, using the combined 
weight of the bin and the maximum weight of cargo that may be carried in 
the bin.
    (2) The maximum weight of cargo that the bin is approved to carry 
and any instructions necessary to insure proper weight distribution 
within the bin must be conspicuously marked on the bin.
    (3) The bin may not impose any load on the floor or other structure 
of the airplane that exceeds the load limitations of that structure.
    (4) The bin must be attached to the seat tracks or to the floor 
structure of the airplane, and its attachment must withstand the load 
factors and emergency landing conditions applicable to the passenger 
seats of the airplane in which the bin is installed, multiplied by 
either the factor 1.15 or the seat attachment factor specified for the 
airplane, whichever is greater, using the combined weight of the bin and 
the maximum weight of cargo that may be carried in the bin.
    (5) The bin may not be installed in a position that restricts access 
to or use of any required emergency exit, or of the aisle in the 
passenger compartment.
    (6) The bin must be fully enclosed and made of material that is at 
least flame resistant.
    (7) Suitable safeguards must be provided within the bin to prevent 
the cargo from shifting under emergency landing conditions.
    (8) The bin may not be installed in a position that obscures any 
passenger's view of the ``seat belt'' sign ``no smoking'' sign, or any 
required exit sign, unless an auxiliary sign or other approved

[[Page 389]]

means for proper notification of the passenger is provided.
    (c) Cargo may be carried aft of a bulkhead or divider in any 
passenger compartment provided the cargo is restrained to the load 
factors in Sec. 25.561(b)(3) and is loaded as follows:
    (1) It is properly secured by a safety belt or other tiedown having 
enough strength to eliminate the possibility of shifting under all 
normally anticipated flight and ground conditions.
    (2) It is packaged or covered in a manner to avoid possible injury 
to passengers and passenger compartment occupants.
    (3) It does not impose any load on seats or the floor structure that 
exceeds the load limitation for those components.
    (4) Its location does not restrict access to or use of any required 
emergency or regular exit, or of the aisle in the passenger compartment.
    (5) Its location does not obscure any passenger's view of the ``seat 
belt'' sign, ``no smoking'' sign, or required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passenger is provided.
    (d) Cargo, including carry-on baggage, may be carried anywhere in 
the passenger compartment of a nontransport category airplane type 
certificated after December 31, 1964, if it is carried in an approved 
cargo rack, bin, or compartment installed in or on the airplane, if it 
is secured by an approved means, or if 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 in 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 is located in a 
position that obscures any passenger's view of the ``seat belt'' sign, 
``no smoking'' sign or placard, 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 (d)(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 airplane a 
means of unobstructed exit from the airplane if an emergency occurs.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-179, 
47 FR 33390, Aug. 2, 1982; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.287   Carriage of cargo in cargo compartments.

    When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand fire extinguisher.



Sec. 121.289   Landing gear: Aural warning device.

    (a) Except for airplanes that comply with the requirements of 
Sec. 25.729 of this chapter on or after January 6, 1992, each airplane 
must have a landing gear aural warning device that functions 
continuously under the following conditions:
    (1) For airplanes with an established approach wing-flap position, 
whenever the wing flaps are extended beyond the maximum certificated 
approach climb configuration position in the Airplane Flight Manual and 
the landing gear is not fully extended and locked.
    (2) For airplanes without an established approach climb wing-flap 
position, whenever the wing flaps are extended beyond the position at 
which landing gear extension is normally performed and the landing gear 
is not fully extended and locked.

[[Page 390]]

    (b) The warning system required by paragraph (a) of this section--
    (1) May not have a manual shutoff;
    (2) Must be in addition to the throttle-actuated device installed 
under the type certification airworthiness requirements; and
    (3) May utilize any part of the throttle-actuated system including 
the aural warning device.
    (c) The flap position sensing unit may be installed at any suitable 
place in the airplane.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3638, Mar. 19, 1965; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; 
Amdt. 121-227, 56 FR 63762, Dec. 5, 1991; Amdt. 121-251, 60 FR 65929, 
Dec. 20, 1995]



Sec. 121.291  Demonstration of emergency evacuation procedures.

    (a) Except as provided in paragraph (a)(1) of this section, each 
certificate holder must conduct an actual demonstration of emergency 
evacuation procedures in accordance with paragraph (a) of appendix D to 
this part to show that each type and model of airplane with a seating 
capacity of more than 44 passengers to be used in its passenger-carrying 
operations allows the evacuation of the full capacity, including 
crewmembers, in 90 seconds or less.
    (1) An actual demonstration need not be conducted if that airplane 
type and model has been shown to be in compliance with this paragraph in 
effect on or after October 24, 1967, or, if during type certification, 
with Sec. 25.803 of this chapter in effect on or after December 1, 1978.
    (2) Any actual demonstration conducted after September 27, 1993, 
must be in accordance with paragraph (a) of appendix D to this part in 
effect on or after that date or with Sec. 25.803 in effect on or after 
that date.
    (b) Each certificate holder conducting operations with airplanes 
with a seating capacity of more than 44 passengers must conduct a 
partial demonstration of emergency evacuation procedures in accordance 
with paragraph (c) of this section upon:
    (1) Initial introduction of a type and model of airplane into 
passenger/carrying operation, if the certificate holder has not 
conducted an actual demonstration under paragraph (a) of this section;
    (2) Changing the number, location, or emergency evacuation duties or 
procedures of flight attendants who are required by Sec. 121.391; or
    (3) Changing the number, location, type of emergency exits, or type 
of opening mechanism on emergency exits available for evacuation.
    (c) In conducting the partial demonstration required by paragraph 
(b) of this section, each certificate holder must:
    (1) Demonstrate the effectiveness of its crewmember emergency 
training and evacuation procedures by conducting a demonstration, not 
requiring passengers and observed by the Administrator, in which the 
flight attendants for that type and model of airplane, using that 
operator's line operating procedures, open 50 percent of the required 
floor-level emergency exits and 50 percent of the required non-floor-
level emergency exits whose opening by a flight attendant is defined as 
an emergency evacuation duty under Sec. 121.397, and deploy 50 percent 
of the exit slides. The exits and slides will be selected by the 
administrator and must be ready for use within 15 seconds;
    (2) Apply for and obtain approval from the certificate-holding 
district office before conducting the demonstration;
    (3) Use flight attendants in this demonstration who have been 
selected at random by the Administrator, have completed the certificate 
holder's FAA-approved training program for the type and model of 
airplane, and have passed a written or practical examination on the 
emergency equipment and procedures; and
    (4) Apply for and obtain approval from the certificate-holding 
district office before commencing operations with this type and model 
airplane.
    (d) Each certificate holder operating or proposing to operate one or 
more landplanes in extended overwater operations, or otherwise required 
to have certain equipment under Sec. 121.339, must show, by simulated 
ditching conducted in accordance with paragraph (b) of appendix D to 
this part, that it has the ability to efficiently carry out its ditching 
procedures. For certificate

[[Page 391]]

holders subject to Sec. 121.2(a)(1), this paragraph applies only when a 
new type or model airplane is introduced into the certificate holder's 
operations after January 19, 1996.
    (e) For a type and model airplane for which the simulated ditching 
specified in paragraph (d) has been conducted by a part 121 certificate 
holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of 
appendix D to this part are complied with if each life raft is removed 
from stowage, one life raft is launched and inflated (or one slide life 
raft is inflated) and crewmembers assigned to the inflated life raft 
display and describe the use of each item of required emergency 
equipment. The life raft or slide life raft to be inflated will be 
selected by the Administrator.

[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as amended by Amdt. 121-
233, 58 FR 45230, Aug. 26, 1993; Amdt. 121-251, 60 FR 65929, Dec. 20, 
1995]



Sec. 121.293  Special airworthiness requirements for nontransport category airplanes type certificated after December 31, 1964.

    No certificate holder may operate a nontransport category airplane 
manufactured after December 20, 1999 unless the airplane contains a 
takeoff warning system that meets the requirements of 14 CFR 25.703. 
However, the takeoff warning system does not have to cover any device 
for which it has been demonstrated that takeoff with that device in the 
most adverse position would not create a hazardous condition.

[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]



            Subpart K--Instrument and Equipment Requirements

    Source: Docket No. 6258, 29 FR 19205, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.301   Applicability.

    This subpart prescribes instrument and equipment requirements for 
all certificate holders.



Sec. 121.303   Airplane instruments and equipment.

    (a) Unless otherwise specified, the instrument and equipment 
requirements of this subpart apply to all operations under this part.
    (b) Instruments and equipment required by Secs. 121.305 through 
121.359 must be approved and installed in accordance with the 
airworthiness requirements applicable to them.
    (c) Each airspeed indicator must be calibrated in knots, and each 
airspeed limitation and item of related information in the Airplane 
Flight Manual and pertinent placards must be expressed in knots.
    (d) Except as provided in Secs. 121.627(b) and 121.628, no person 
may take off any airplane unless the following instruments and equipment 
are in operable condition:
    (1) Instruments and equipment required to comply with airworthiness 
requirements under which the airplane is type certificated and as 
required by Secs. 121.213 through 121.283 and 121.289.
    (2) Instruments and equipment specified in Secs. 121.305 through 
121.321, 121.359, and 121.360 for all operations, and the instruments 
and equipment specified in Secs. 121.323 through 121.351 for the kind of 
operation indicated, wherever these items are not already required by 
paragraph (d)(1) of this section.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-44, 
33 FR 14406, Sept. 25, 1968; Amdt. 121-65, 35 FR 12709, Aug. 11, 1970; 
Amdt. 121-114, 39 FR 44440, Dec. 24, 1974; Amdt. 121-126, 40 FR 55314, 
Nov. 28, 1975; Amdt. 121-222, 56 FR 12310, Mar. 22, 1991; Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.305   Flight and navigational equipment.

    No person may operate an airplane unless it is equipped with the 
following flight and navigational instruments and equipment:
    (a) An airspeed indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (b) A sensitive altimeter.
    (c) A sweep-second hand clock (or approved equivalent).
    (d) A free-air temperature indicator.
    (e) A gyroscopic bank and pitch indicator (artificial horizon).
    (f) A gyroscopic rate-of-turn indicator combined with an integral 
slip-skid indicator (turn-and-bank indicator) except that only a slip-
skid indicator is

[[Page 392]]

required when a third attitude instrument system usable through flight 
attitudes of 360 deg. of pitch and roll is installed in accordance with 
paragraph (j) of this section.
    (g) A gyroscopic direction indicator (directional gyro or 
equivalent).
    (h) A magnetic compass.
    (i) A vertical speed indicator (rate-of-climb indicator).
    (j) On the airplanes described in this paragraph, in addition to two 
gyroscopic bank-and-pitch indicators (artificial horizons) for use at 
the pilot stations, a third such instrument that complies with the 
provisions of paragraph (k) of this section:
    (1) On each turbojet powered airplane.
    (2) On each turbopropeller powered airplane that is manufactured 
after March 20, 1997.
    (3) After December 20, 2010, on each turbopropeller powered airplane 
having a passenger seat configuration of 10-30 seats, that was 
manufactured before March 20, 1997.
    (k) When required by paragraph (j) of this section, a third 
gyroscopic bank-and-pitch indicator (artificial horizon) that:
    (1) Is powered from a source independent of the electrical 
generating system;
    (2) Continues reliable operation for a minimum of 30 minutes after 
total failure of the electrical generating system;
    (3) Operates independently of any other attitude indicating system;
    (4) Is operative without selection after total failure of the 
electrical generating system;
    (5) Is located on the instrument panel in a position acceptable to 
the Administrator that will make it plainly visible to and usable by 
each pilot at his or her station; and
    (6) Is appropriately lighted during all phases of operation.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-57, 
35 FR 304, Jan. 8, 1970; Amdt. 121-60, 35 FR 7108, May 6, 1970; Amdt. 
121-81, 36 FR 23050, Dec. 3, 1971; Amdt. 121-130, 41 FR 47229, Oct. 28, 
1976; Amdt. 121-230, 58 FR 12158, Mar. 3, 1993; Amdt. 121-251, 60 FR 
65929, Dec. 20, 1995]



Sec. 121.307   Engine instruments.

    Unless the Administrator allows or requires different 
instrumentation for turbine engine powered airplanes to provide 
equivalent safety, no person may conduct any operation under this part 
without the following engine instruments:
    (a) A carburetor air temperature indicator for each engine.
    (b) A cylinder head temperature indicator for each air-cooled 
engine.
    (c) A fuel pressure indicator for each engine.
    (d) A fuel flowmeter or fuel mixture indicator for each engine not 
equipped with an automatic altitude mixture control.
    (e) A means for indicating fuel quantity in each fuel tank to be 
used.
    (f) A manifold pressure indicator for each engine.
    (g) An oil pressure indicator for each engine.
    (h) An oil quantity indicator for each oil tank when a transfer or 
separate oil reserve supply is used.
    (i) An oil-in temperature indicator for each engine.
    (j) A tachometer for each engine.
    (k) An independent fuel pressure warning device for each engine or a 
master warning device for all engines with a means for isolating the 
individual warning circuits from the master warning device.
    (l) A device for each reversible propeller, to indicate to the pilot 
when the propeller is in reverse pitch, that complies with the 
following:
    (1) The device may be actuated at any point in the reversing cycle 
between the normal low pitch stop position and full reverse pitch, but 
it may not give an indication at or above the normal low pitch stop 
position.
    (2) The source of indication must be actuated by the propeller blade 
angle or be directly responsive to it.



Sec. 121.308  Lavatory fire protection.

    (a) Except as provided in paragraphs (c) and (d) of this section, no 
person may operate a passenger-carrying airplane unless each lavatory in 
the airplane is equipped with a smoke detector system or equivalent that 
provides a warning light in the cockpit or provides a warning light or 
audio warning

[[Page 393]]

in the passenger cabin which would be readily detected by a flight 
attendant, taking into consideration the positioning of flight 
attendants throughout the passenger compartment during various phases of 
flight.
    (b) Except as provided in paragraph (c) of this section, no person 
may operate a passenger-carrying airplane unless each lavatory in the 
airplane is equipped with a built-in fire extinguisher for each disposal 
receptacle for towels, paper, or waste located within the lavatory. The 
built-in fire extinguisher must be designed to discharge automatically 
into each disposal receptacle upon occurrence of a fire in the 
receptacle.
    (c) Until December 22, 1997, a certificate holder described in 
Sec. 121.2(a) (1) or (2) may operate an airplane with a passenger seat 
configuration of 30 or fewer seats that does not comply with the smoke 
detector system requirements described in paragraph (a) of this section 
and the fire extinguisher requirements described in paragraph (b) of 
this section.
    (d) After December 22, 1997, no person may operate a nontransport 
category airplane type certificated after December 31, 1964, with a 
passenger seat configuration of 10-19 seats unless that airplane 
complies with the smoke detector system requirements described in 
paragraph (a) of this section, except that the smoke detector system or 
equivalent must provide a warning light in the cockpit or an audio 
warning that would be readily detected by the flightcrew.

[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]



Sec. 121.309   Emergency equipment.

    (a) General: No person may operate an airplane unless it is equipped 
with the emergency equipment listed in this section and in Sec. 121.310.
    (b) Each item of emergency and flotation equipment listed in this 
section and in Secs. 121.310, 121.339, and 121.340--
    (1) Must be inspected regularly in accordance with inspection 
periods established in the operations specifications to ensure its 
condition for continued serviceability and immediate readiness to 
perform its intended emergency purposes;
    (2) Must be readily accessible to the crew and, with regard to 
equipment located in the passenger compartment, to passengers;
    (3) Must be clearly identified and clearly marked to indicate its 
method of operation; and
    (4) When carried in a compartment or container, must be carried in a 
compartment or container marked as to contents and the compartment or 
container, or the item itself, must be marked as to date of last 
inspection.
    (c) Hand fire extinguishers for crew, passenger, cargo, and galley 
compartments. Hand fire extinguishers of an approved type must be 
provided for use in crew, passenger, cargo, and galley compartments in 
accordance with the following:
    (1) The type and quantity of extinguishing agent must be suitable 
for the kinds of fires likely to occur in the compartment where the 
extinguisher is intended to be used and, for passenger compartments, 
must be designed to minimize the hazard of toxic gas concentrations.
    (2) Cargo compartments. At least one hand fire extinguisher must be 
conveniently located for use in each class E cargo compartment that is 
accessible to crewmembers during flight.
    (3) Galley compartments. At least one hand fire extinguisher must be 
conveniently located for use in each galley located in a compartment 
other than a passenger, cargo, or crew compartment.
    (4) Flightcrew compartment. At least one hand fire extinguisher must 
be conveniently located on the flight deck for use by the flightcrew.
    (5) Passenger compartments. Hand fire extinguishers for use in 
passenger compartments must be conveniently located and, when two or 
more are required, uniformly distributed throughout each compartment. 
Hand fire extinguishers shall be provided in passenger compartments as 
follows:
    (i) For airplanes having passenger seats accommodating more than 6 
but fewer than 31 passengers, at least one.
    (ii) For airplanes having passenger seats accommodating more than 30 
but fewer than 61 passengers, at least two.

[[Page 394]]

    (iii) For airplanes having passenger seats accommodating more than 
60 passengers, there must be at least the following number of hand fire 
extinguishers:

                Minimum Number of Hand Fire Extinguishers               
Passenger seating accommodations:                                       
  61 through 200.................................................      3
  201 through 300................................................      4
  301 through 400................................................      5
  401 through 500................................................      6
  501 through 600................................................      7
  601 or more....................................................      8
                                                                        

    (6) Notwithstanding the requirement for uniform distribution of hand 
fire extinguishers as prescribed in paragraph (c)(5) of this section, 
for those cases where a galley is located in a passenger compartment, at 
least one hand fire extinguisher must be conveniently located and easily 
accessible for use in the galley.
    (7) At least two of the required hand fire extinguisher installed in 
passenger-carrying airplanes must contain Halon 1211 
(bromochlorofluoromethane) or equivalent as the extinguishing agent. At 
least one hand fire extinguisher in the passenger compartment must 
contain Halon 1211 or equivalent.
    (d) First aid and emergency medical equipment and protective gloves. 
(1) For treatment of injuries or medical emergencies that might occur 
during flight time or in minor accidents each passenger-carrying 
airplane must have the following equipment that meets the specifications 
and requirements of appendix A of this part:
    (i) Approved first aid kits; and
    (ii) In airplanes for which a flight attendant is required, an 
emergency medical kit.
    (2) Pairs of protective latex gloves, or equivalent nonpermeable 
gloves, equal in number to the number of first aid kits on board the 
aircraft. These gloves must be distributed as evenly as practicable 
throughout the cabin of the aircraft.
    (e) Crash ax. Except for nontransport category airplanes type 
certificated after December 31, 1964, each airplane must be equipped 
with a crash ax.
    (f) Megaphones. Each passenger-carrying airplane must have a 
portable battery-powered megaphone or megaphones readily accessible to 
the crewmembers assigned to direct emergency evacuation, installed as 
follows:
    (1) One megaphone on each airplane with a seating capacity of more 
than 60 and less than 100 passengers, at the most rearward location in 
the passenger cabin where it would be readily accessible to a normal 
flight attendant seat. However, the Administrator may grant a deviation 
from the requirements of this subparagraph if he finds that a different 
location would be more useful for evacuation of persons during an 
emergency.
    (2) Two megaphones in the passenger cabin on each airplane with a 
seating capacity of more than 99 passengers, one installed at the 
forward end and the other at the most rearward location where it would 
be readily accessible to a normal flight attendant seat.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-30, 
32 FR 13267, Sept. 20, 1967; Amdt. 121-48, 34 FR 11489, July 11, 1969; 
Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; Amdt. 121-185, 50 FR 12733, 
Mar. 29, 1985; 50 FR 14373, Apr. 12, 1985; Amdt. 121-188, 51 FR 1223, 
Jan. 9, 1986; Amdt. 121-230, 57 FR 42672, Sept. 15, 1992; Amdt. 121-242, 
59 FR 52642, Oct. 18, 1994; 59 FR 55208, Nov. 4, 1994; Amdt. 121-251, 60 
FR 65930, Dec. 20, 1995]



Sec. 121.310   Additional emergency equipment.

    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more than 6 
feet from the ground with the airplane on the ground and the landing 
gear extended, must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor-level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings. However, if the 
Administrator finds that the design of the exit makes compliance 
impractical, he may grant a deviation from the requirement

[[Page 395]]

of automatic deployment if the assisting means automatically erects upon 
deployment and, with respect to required emergency exits, if an 
emergency evacuation demonstration is conducted in accordance with 
Sec. 121.291(a). This paragraph does not apply to the rear window 
emergency exit of DC-3 airplanes operated with less than 36 occupants, 
including crewmembers and less than five exits authorized for passenger 
use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and its 
means of opening must be conspicuously marked. The identity and location 
of each passenger emergency exit must be recognizable from a distance 
equal to the width of the cabin. The location of each passenger 
emergency exit must be indicated by a sign visible to occupants 
approaching along the main passenger aisle. There must be a locating 
sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 25.812(b) of this chapter in effect on April 30, 
1972. On these airplanes, no sign may continue to be used if its 
luminescence (brightness) decreases to below 100 microlamberts. The 
colors may be reversed if it increases the emergency illumination of the 
passenger compartment. However, the Administrator may authorize 
deviation from the 2-inch background requirements if he finds that 
special circumstances exist that make compliance impractical and that 
the proposed deviation provides an equivalent level of safety.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
interior emergency exit marking requirements under which the airplane 
was type certificated. On these airplanes, no sign may continue to be 
used if its luminescence (brightness) decreases to below 250 
microlamberts.
    (c) Lighting for interior emergency exit markings. Except for 
nontransport category airplanes type certificated after December 31, 
1964, each passenger-carrying airplane must have an emergency lighting 
system, independent of the main lighting system. However, sources of 
general cabin illumination may be common to both the emergency and the 
main lighting systems if the power supply to the emergency lighting 
system is independent of the power supply to the main lighting system.
    The emergency lighting system must--
    (1) Illuminate each passenger exit marking and locating sign;
    (2) Provide enough general lighting in the passenger cabin so that 
the average illumination when measured at 40-inch intervals at seat 
armrest height, on the centerline of the main passenger aisle, is at 
least 0.05 foot-candles; and
    (3) For airplanes type certificated after January 1, 1958, after 
November 26, 1986, include floor proximity emergency escape path marking 
which meets the requirements of Sec. 25.812(e) of this chapter in effect 
on November 26, 1984.
    (d) Emergency light operation. Except for lights forming part of 
emergency lighting subsystems provided in compliance with Sec. 25.812(h) 
of this chapter (as prescribed in paragraph (h) of this section) that 
serve no more than one assist means, are independent of the airplane's 
main emergency lighting

[[Page 396]]

systems, and are automatically activated when the assist means is 
deployed, each light required by paragraphs (c) and (h) of this section 
must comply with the following:
    (1) Each light must--
    (i) Be operable manually both from the flightcrew station and, for 
airplanes on which a flight attendant is required, from a point in the 
passenger compartment that is readily accessible to a normal flight 
attendant seat;
    (ii) Have a means to prevent inadvertent operation of the manual 
controls; and
    (iii) When armed or turned on at either station, remain lighted or 
become lighted upon interruption of the airplane's normal electric 
power.
    (2) Each light must be armed or turned on during taxiing, takeoff, 
and landing. In showing compliance with this paragraph a transverse 
vertical separation of the fuselage need not be considered.
    (3) Each light must provide the required level of illumination for 
at least 10 minutes at the critical ambient conditions after emergency 
landing.
    (4) Each light must have a cockpit control device that has an 
``on,'' ``off,'' and ``armed'' position.
    (e) Emergency exit operating handles. (1) For a passenger-carrying 
airplane for which the application for the type certificate was filed 
prior to May 1, 1972, the location of each passenger emergency exit 
operating handle, and instructions for opening the exit, must be shown 
by a marking on or near the exit that is readable from a distance of 30 
inches. In addition, for each Type I and Type II emergency exit with a 
locking mechanism released by rotary motion of the handle, the 
instructions for opening must be shown by--
    (i) A red arrow with a shaft at least three-fourths inch wide and a 
head twice the width of the shaft, extending along at least 70 deg. of 
arc at a radius approximately equal to three-fourths of the handle 
length; and
    (ii) The word ``open'' in red letters 1 inch high placed 
horizontally near the head of the arrow.
    (2) For a passenger-carrying airplane for which the application for 
the type certificate was filed on or after May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown in accordance with the requirements under 
which the airplane was type certificated. On these airplanes, no 
operating handle or operating handle cover may continue to be used if 
its luminescence (brightness) decreases to below 100 microlamberts.
    (f) Emergency exit access. Access to emergency exits must be 
provided as follows for each passenger-carrying transport category 
airplane:
    (1) Each passage way between individual passenger areas, or leading 
to a Type I or Type II emergency exit, must be unobstructed and at least 
20 inches wide.
    (2) There must be enough space next to each Type I or Type II 
emergency exit to allow a crewmember to assist in the evacuation of 
passengers without reducing the unobstructed width of the passageway 
below that required in paragraph (f)(1) of this section. However the 
Administrator may authorize deviation from this requirement for an 
airplane certificated under the provisions of part 4b of the Civil Air 
Regulations in effect before December 20, 1951, if he finds that special 
circumstances exist that provide an equivalent level of safety.
    (3) There must be access from the main aisle to each Type III and 
Type IV exit. The access from the aisle to these exits must not be 
obstructed by seats, berths, or other protrusions in a manner that would 
reduce the effectiveness of the exit. In addition--
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the access must meet the 
requirements of Sec. 25.813(c) of this chapter in effect on April 30, 
1972; and
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the access must meet the 
emergency exit access requirements under which the airplane was type 
certificated; except that,
    (iii) After December 3, 1992, the access for an airplane type 
certificated after January 1, 1958, must meet the requirements of 
Sec. 25.813(c) of this chapter, effective June 3, 1992.
    (iv) Contrary provisions of this section notwithstanding, the 
Manager of

[[Page 397]]

the Transport Airplane Directorate, Aircraft Certification Service, 
Federal Aviation Administration, may authorize deviation from the 
requirements of paragraph (f)(3)(iii) of this section if it is 
determined that special circumstances make compliance impractical. Such 
special circumstances include, but are not limited to, the following 
conditions when they preclude achieving compliance with 
Sec. 25.813(c)(1)(i) or (ii) without a reduction in the total number of 
passenger seats: emergency exits located in close proximity to each 
other; fixed installations such as lavatories, galleys, etc.; 
permanently mounted bulkheads; an insufficient number of rows ahead of 
or behind the exit to enable compliance without a reduction in the seat 
row pitch of more than one inch; or an insufficient number of such rows 
to enable compliance without a reduction in the seat row pitch to less 
than 30 inches. A request for such grant of deviation must include 
credible reasons as to why literal compliance with Sec. 25.813(c)(1)(i) 
or (ii) is impractical and a description of the steps taken to achieve a 
level of safety as close to that intended by Sec. 25.813(c)(1)(i) or 
(ii) as is practical.
    (v) The Manager of the Transport Airplane Directorate, Aircraft 
Certification Service, Federal Aviation Administration, may also 
authorize a compliance date later than December 3, 1992, if it is 
determined that special circumstances make compliance by that date 
impractical. A request for such grant of deviation must outline the 
airplanes for which compliance will be achieved by December 3, 1992, and 
include a proposed schedule for incremental compliance of the remaining 
airplanes in the operator's fleet. In addition, the request must include 
credible reasons why compliance cannot be achieved earlier.
    (4) If it is necessary to pass through a passageway between 
passenger compartments to reach any required emergency exit from any 
seat in the passenger cabin, the passageway must not be obstructed. 
However, curtains may be used if they allow free entry through the 
passageway.
    (5) No door may be installed in any partition between passenger 
compartments.
    (6) If it is necessary to pass through a doorway separating the 
passenger cabin from other areas to reach required emergency exit from 
any passenger seat, the door must have a means to latch it in open 
position, and the door must be latched open during each takeoff and 
landing. The latching means must be able to withstand the loads imposed 
upon it when the door is subjected to the ultimate inertia forces, 
relative to the surrounding structure, listed in Sec. 25.561(b) of this 
chapter.
    (g) Exterior exit markings. Each passenger emergency exit and the 
means of opening that exit from the outside must be marked on the 
outside of the airplane. There must be a 2-inch colored band outlining 
each passenger emergency exit on the side of the fuselage. Each outside 
marking, including the band, must be readily distinguishable from the 
surrounding fuselage area by contrast in color. The markings must comply 
with the following:
    (1) If the reflectance of the darker color is 15 percent or less, 
the reflectance of the lighter color must be at least 45 percent.
    (2) If the reflectance of the darker color is greater than 15 
percent, at least a 30 percent difference between its reflectance and 
the reflectance of the lighter color must be provided.
    (3) Exits that are not in the side of the fuselage must have the 
external means of opening and applicable instructions marked 
conspicuously in red or, if red is inconspicuous against the background 
color, in bright chrome yellow and, when the opening means for such an 
exit is located on only one side of the fuselage, a conspicuous marking 
to that effect must be provided on the other side. Reflectance is the 
ratio of the luminous flux reflected by a body to the luminous flux it 
receives.
    (h) Exterior emergency lighting and escape route. (1) Except for 
nontransport category airplanes certificated after December 31, 1964, 
each passenger-carrying airplane must be equipped with exterior lighting 
that meets the following requirements:

[[Page 398]]

    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.812 (f) and (g) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the exterior emergency 
lighting requirements under which the airplane was type certificated.
    (2) Each passenger-carrying airplane must be equipped with a slip-
resistant escape route that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.803(e) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the slip-resistant escape 
route requirements under which the airplane was type certificated.
    (i) Floor level exits. Each floor level door or exit in the side of 
the fuselage (other than those leading into a cargo or baggage 
compartment that is not accessible from the passenger cabin) that is 44 
or more inches high and 20 or more inches wide, but not wider than 46 
inches, each passenger ventral exit (except the ventral exits on M-404 
and CV-240 airplanes), and each tail cone exit, must meet the 
requirements of this section for floor level emergency exits. However, 
the Administrator may grant a deviation from this paragraph if he finds 
that circumstances make full compliance impractical and that an 
acceptable level of safety has been achieved.
    (j) Additional emergency exits. Approved emergency exits in the 
passenger compartments that are in excess of the minimum number of 
required emergency exits must meet all of the applicable provisions of 
this section except paragraphs (f)(1), (2), and (3) of this section and 
must be readily accessible.
    (k) On each large passenger-carrying turbojet-powered airplane, each 
ventral exit and tailcone exit must be--
    (1) Designed and constructed so that it cannot be opened during 
flight; and
    (2) Marked with a placard readable from a distance of 30 inches and 
installed at a conspicuous location near the means of opening the exit, 
stating that the exit has been designed and constructed so that it 
cannot be opened during flight.
    (l) Portable lights. No person may operate a passenger-carrying 
airplane unless it is equipped with flashlight stowage provisions 
accessible from each flight attendant seat.
    (m) Except as provided by Sec. 121.627(c) and except for an airplane 
used in operations under this part on October 16, 1987, and having an 
emergency exit configuration installed and authorized for operation 
prior to October 16, 1987, for an airplane that is required to have more 
than one passenger emergency exit for each side of the fuselage, no 
passenger emergency exit shall be more than 60 feet from any adjacent 
passenger emergency exit on the same side of the same deck of the 
fuselage, as measured parallel to the airplane's longitudinal axis 
between the nearest exit edges.

[Doc. No. 2033, 30 FR 3205, Mar. 9, 1965]

    Editorial Note: For Federal Register citations affecting 
Sec. 121.310, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 121.311  Seats, safety belts, and shoulder harnesses.

    (a) No person may operate an airplane unless there are available 
during the takeoff, en route flight, and landing--
    (1) An approved seat or berth for each person on board the airplane 
who has reached his second birthday; and
    (2) An approved safety belt for separate use by each person on board 
the airplane who has reached his second birthday, except that two 
persons occupying a berth may share one approved safety belt and two 
persons occupying a multiple lounge or divan seat may share one approved 
safety belt during en route flight only.
    (b) Except as provided in this paragraph, each person on board an 
airplane operated under this part shall occupy an approved seat or berth 
with a separate safety belt properly secured about him or her during 
movement on the surface, takeoff, and landing. A

[[Page 399]]

safety belt provided for the occupant of a seat may not be used by more 
than one person who has reached his or her second birthday. 
Notwithstanding the preceding requirements, a child may:
    (1) Be held by an adult who is occupying an approved seat or berth, 
provided the child has not reached his or her second birthday and the 
child does not occupy or use any restraining device; or
    (2) Notwithstanding any other requirement of this chapter, occupy an 
approved child restraint system furnished by the certificate holder or 
one of the persons described in paragraph (b)(2)(i) of this section, 
provided:
    (i) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, 
the approved child restraint system bears one or more labels as follows:
    (A) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label: ``This child restraint 
system conforms to all applicable Federal motor vehicle safety 
standards.''
    (B) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (1) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (2) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section must bear either a label showing approval 
of a foreign government or a label showing that the seat was 
manufactured under the standards of the United Nations;
    (D) Notwithstanding any other provisions of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held child restraints are not approved for 
use in aircraft; and
    (iii) The certificate holder complies with the following 
requirements:
    (A) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (B) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (C) The restraint system must bear the appropriate label(s).
    (c) Except as provided in paragraph (c)(3) of this section, the 
following prohibitions apply to certificate holders:
    (1) No certificate holder may permit a child, in an aircraft, to 
occupy a booster-type child restraint system, a vest-type child 
restraint system, a harness-type child restraint system, or a lap held 
child restraint system during take off, landing, and movement on the 
surface.
    (2) Except as required in paragraph (c)(1) of this section, no 
certificate holder may prohibit a child, if requested by the child's 
parent, guardian, or designated attendant, from occupying a child 
restraint system furnished by the child's parent, guardian, or 
designated attendant provided--
    (i) The child holds a ticket for an approved seat or berth or such 
seat or berth is otherwise made available by the certificate holder for 
the child's use;
    (ii) The requirements of paragraph (b)(2)(i) of this section are 
met;
    (iii) The requirements of paragraph (b)(2)(iii) of this section are 
met; and
    (iv) The child restraint system has one or more of the labels 
described in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(C) of this 
section.
    (3) This section does not prohibit the certificate holder from 
providing child restraint systems authorized by this section or, 
consistent with safe operating practices, determining the most 
appropriate passenger seat location for the child restraint system.
    (d) Each sideward facing seat must comply with the applicable 
requirements of Sec. 25.785(c) of this chapter.
    (e) Except as provided in paragraphs (e)(1) through (e)(3) of this 
section, no certificate holder may take off or land an airplane unless 
each passenger seat back is in the upright position. Each passenger 
shall comply with instructions given by a crewmember in compliance with 
this paragraph.

[[Page 400]]

    (1) This paragraph does not apply to seat backs placed in other than 
the upright position in compliance with Sec. 121.310(f)(3).
    (2) This paragraph does not apply to seats on which cargo or persons 
who are unable to sit erect for a medical reason are carried in 
accordance with procedures in the certificate holder's manual if the 
seat back does not obstruct any passenger's access to the aisle or to 
any emergency exit.
    (3) On airplanes with no flight attendant, the certificate holder 
may take off or land as long as the flightcrew instructs each passenger 
to place his or her seat back in the upright position for takeoff and 
landing.
    (f) No person may operate a transport category airplane that was 
type certificated after January 1, 1958, or a nontransport category 
airplane manufactured after March 20, 1997, unless it is equipped at 
each flight deck station with a combined safety belt and shoulder 
harness that meets the applicable requirements specified in Sec. 25.785 
of this chapter, effective March 6, 1980, except that--
    (1) Shoulder harnesses and combined safety belt and shoulder 
harnesses that were approved and installed before March 6, 1980, may 
continue to be used; and
    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.
    (g) Each flight attendant must have a seat for takeoff and landing 
in the passenger compartment that meets the requirements of Sec. 25.785 
of this chapter, effective March 6, 1980, except that--
    (1) Combined safety belt and shoulder harnesses that were approved 
and installed before March, 6, 1980, may continue to be used; and
    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.
    (3) The requirements of Sec. 25.785(h) do not apply to passenger 
seats occupied by flight attendants not required by Sec. 121.391.
    (h) Each occupant of a seat equipped with a shoulder harness or with 
a combined safety belt and shoulder harness must have the shoulder 
harness or combined safety belt and shoulder harness properly secured 
about that occupant during takeoff and landing, except that a shoulder 
harness that is not combined with a safety belt may be unfastened if the 
occupant cannot perform the required duties with the shoulder harness 
fastened.
    (i) At each unoccupied seat, the safety belt and shoulder harness, 
if installed, must be secured so as not to interfere with crewmembers in 
the performance of their duties or with the rapid egress of occupants in 
an emergency.

[Doc No. 7522, 32 FR 13267, Sept. 20, 1967; as amended by Amdt. 121-41, 
33 FR 9067, June 20, 1968; Amdt. 121-75, 36 FR 12512, July 1, 1971; 
Amdt. 121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-155, 45 FR 7756, 
Feb. 4, 1980; Amdt. 121-170, 46 FR 15482, Mar. 5, 1981; Amdt. 121-177, 
47 FR 10516, Mar. 11, 1982; Amdt. 121-230, 57 FR 42673, Sept. 15, 1992; 
Amdt. 121-251, 60 FR 65930, Dec. 20, 1995; Amdt. 121-255, 61 FR 28421, 
June 4, 1996]



Sec. 121.312  Materials for compartment interiors.

    (a) All interior materials; transport category airplanes and 
nontransport category airplanes type certificated before January 1, 
1965. Except for the materials covered by paragraph (b) of this section, 
all materials in each compartment of a transport category airplane, or a 
nontransport category airplane type certificated before January 1, 1965, 
used by the crewmembers and passengers, must meet the requirements of 
Sec. 25.853 of this chapter in effect as follows, or later amendment 
thereto:
    (1) Airplane with passenger seating capacity of 20 or more.
    (i) Manufactured after August 19, 1988, but prior to August 20, 
1990. Except as provided in paragraph (a)(3)(ii) of this section, each 
airplane with a passenger capacity of 20 or more and manufactured after 
August 19, 1988, but prior to August 20, 1990, must comply with the heat 
release rate testing provisions of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986) (see App. 
L of this part), except that the total heat release over the first 2 
minutes of sample exposure must not exceed 100 kilowatt minutes

[[Page 401]]

per square meter and the peak heat release rate must not exceed 100 
kilowatts per square meter.
    (ii) Manufactured after August 19, 1990. Each airplane with a 
passenger capacity of 20 or more and manufactured after August 19, 1990, 
must comply with the heat release rate and smoke testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1)(see 
app. L of this part) in effect on September 26, 1988).
    (2) Substantially complete replacement of the cabin interior on or 
after May 1, 1972--(i) Airplane for which the application for type 
certificate was filed prior to May 1, 1972. Except as provided in 
paragraph (a)(3)(i) or (a)(3)(ii) of this section, each airplane for 
which the application for type certificate was filed prior to May 1, 
1972, must comply with the provisions of Sec. 25.853 in effect on April 
30, 1972, regardless of passenger capacity, if there is a substantially 
complete replacement of the cabin interior after April 30, 1972.
    (ii) Airplane for which the application for type certificate was 
filed on or after May 1, 1972. Except as provided in paragraph (a)(3)(i) 
or (a)(3)(ii) of this section, each airplane for which the application 
for type certificate was filed on or after May 1, 1972, must comply with 
the material requirements under which the airplane was type 
certificated, regardless of passenger capacity, if there is a 
substantially complete replacement of the cabin interior on or after 
that date.
    (3) Airplane type certificated after January 1, 1958, with passenger 
capacity of 20 or more--(i) Substantially complete replacement of the 
cabin interior on or after March 6, 1995. Except as provided in 
paragraph (a)(3)(ii) of this section, each airplane that was type 
certificated after January 1, 1958, and has a passenger capacity of 20 
or more, must comply with the heat release rate testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in 
effect on August 20, 1986)(see app. L of this part), if there is a 
substantially complete replacement of the cabin interior components 
identified in Sec. 25.853(d), on or after that date, except that the 
total heat release over the first 2 minutes of sample exposure shall not 
exceed 100 kilowatt-minutes per square meter and the peak heat release 
rate must not exceed 100 kilowatts per square meter.
    (ii) Substantially complete replacement of the cabin interior on or 
after August 20, 1990. Each airplane that was type certificated after 
January 1, 1958, and has a passenger capacity of 20 or more, must comply 
with the heat release rate and smoke testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in 
effect on September 26, 1988)(see app. L of this part), if there is a 
substantially complete replacement of the cabin interior components 
identified in Sec. 25.853(d), on or after August 20, 1990.
    (4) Contrary provisions of this section notwithstanding, the Manager 
of the Transport Airplane Directorate, Aircraft Certification Service, 
Federal Aviation Administration, may authorize deviation from the 
requirements of paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or 
(a)(3)(ii) of this section for specific components of the cabin interior 
that do not meet applicable flammability and smoke emission 
requirements, if the determination is made that special circumstances 
exist that make compliance impractical. Such grants of deviation will be 
limited to those airplanes manufactured within 1 year after the 
applicable date specified in this section and those airplanes in which 
the interior is replaced within 1 year of that date. A request for such 
grant of deviation must include a thorough and accurate analysis of each 
component subject to Sec. 25.853(a-1), the steps being taken to achieve 
compliance, and, for the few components for which timely compliance will 
not be achieved, credible reasons for such noncompliance.
    (5) Contrary provisions of this section notwithstanding, galley 
carts and galley standard containers that do not meet the flammability 
and smoke emission requirements of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.853(a-1)) (see app. L of this part) may be used 
in airplanes that must meet the requirements of paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this section, provided the 
galley carts or standard containers were manufactured prior to March 6, 
1995.
    (b) Seat cushions. Seat cushions, except those on flight crewmember 
seats,

[[Page 402]]

in each compartment occupied by crew or passengers, must comply with the 
requirements pertaining to seat cushions in Sec. 25.853(c) effective on 
November 26, 1984, on each airplane as follows:
    (1) Each transport category airplane type certificated after January 
1, 1958; and
    (2) On or after December 20, 2010, each nontransport category 
airplane type certificated after December 31, 1964.
    (c) All interior materials; airplanes type certificated in 
accordance with SFAR No. 41 of 14 CFR part 21. No person may operate an 
airplane that conforms to an amended or supplemental type certificate 
issued in accordance with SFAR No. 41 of 14 CFR part 21 for a maximum 
certificated takeoff weight in excess of 12,500 pounds unless the 
airplane meets the compartment interior requirements set forth in 
Sec. 25.853(a) in effect March 6, 1995 (formerly Sec. 25.853(a), (b), 
(b-1), (b-2), and (b-3) of this chapter in effect on September 26, 
1978)(see app. L of this part).
    (d) All interior materials; other airplanes. For each material or 
seat cushion to which a requirement in paragraphs (a), (b), or (c) of 
this section does not apply, the material and seat cushion in each 
compartment used by the crewmembers and passengers must meet the 
applicable requirement under which the airplane was type certificated.

[Doc. No. 28154, 60 FR 65930, Dec. 20, 1995]



Sec. 121.313   Miscellaneous equipment.

    No person may conduct any operation unless the following equipment 
is installed in the airplane:
    (a) If protective fuses are installed on an airplane, the number of 
spare fuses approved for that airplane and appropriately described in 
the certificate holder's manual.
    (b) A windshield wiper or equivalent for each pilot station.
    (c) A power supply and distribution system that meets the 
requirements of Secs. 25.1309, 25.1331, 25.1351(a) and (b)(1) through 
(4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce and 
distribute the load for the required instruments and equipment, with use 
of an external power supply if any one power source or component of the 
power distribution system fails. The use of common elements in the 
system may be approved if the Administrator finds that they are designed 
to be reasonably protected against malfunctioning. Engine-driven sources 
of energy, when used, must be on separate engines.
    (d) A means for indicating the adequacy of the power being supplied 
to required flight instruments.
    (e) Two independent static pressure systems, vented to the outside 
atmospheric pressure so that they will be least affected by air flow 
variation or moisture or other foreign matter, and installed so as to be 
airtight except for the vent. When a means is provided for transferring 
an instrument from its primary operating system to an alternate system, 
the means must include a positive positioning control and must be marked 
to indicate clearly which system is being used.
    (f) A door between the passenger and pilot compartments, with a 
locking means to prevent passengers from opening it without the pilot's 
permission, except that nontransport category airplanes certificated 
after December 31, 1964, are not required to comply with this paragraph.
    (g) A key for each door that separates a passenger compartment from 
another compartment that has emergency exit provisions. The key must be 
readily available for each crewmember.
    (h) A placard on each door that is the means of access to a required 
passenger emergency exit, to indicate that it must be open during 
takeoff and landing.
    (i) A means for the crew, in an emergency to unlock each door that 
leads to a compartment that is normally accessible to passengers and 
that can be locked by passengers.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-5, 
30 FR 6113, Apr. 30, 1965; Amdt. 121-251, 60 FR 65931, Dec. 20, 1995]



Sec. 121.314  Cargo and baggage compartments.

    (a) Each Class C or D compartment, as defined in Sec. 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,

[[Page 403]]

1958, must have ceiling and sidewall liner panels which are constructed 
of:
    (1) Glass fiber reinforced resin;
    (2) Materials which meet the test requirements of part 25, appendix 
F, part III of this chapter; or
    (3) In the case of liner installations approved prior to March 20, 
1989, aluminum.
    (b) For compliance with this section, the term ``liner'' includes 
any design feature, such as a joint or fastener, which would affect the 
capability of the liner to safely contain a fire.

[Doc. No. 25430, 54 FR 7389, Feb. 17, 1989, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.315   Cockpit check procedure.

    (a) Each certificate holder shall provide an approved cockpit check 
procedure for each type of aircraft.
    (b) The approved procedures must include each item necessary for 
flight crewmembers to check for safety before starting engines, taking 
off, or landing, and in engine and systems emergencies. The procedures 
must be designed so that a flight crewmember will not need to rely upon 
his memory for items to be checked.
    (c) The approved procedures must be readily usable in the cockpit of 
each aircraft and the flight crew shall follow them when operating the 
aircraft.



Sec. 121.316  Fuel tanks.

    Each turbine powered transport category airplane operated after 
October 30, 1991, must meet the requirements of Sec. 25.963(e) of this 
chapter in effect on October 30, 1989.

[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]



Sec. 121.317  Passenger information.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate an airplane unless it is equipped with passenger information 
signs that meet the requirements of Sec. 25.791 of this chapter. Except 
as provided in paragraph (l) of this section, the signs must be 
constructed so that the crewmembers can turn them on and off.
    (b) Except as provided in paragraph (l) of this section, the 
``Fasten Seat Belt'' sign shall be turned on during any movement on the 
surface, for each takeoff, for each landing, and at any other time 
considered necessary by the pilot in command.
    (c) No person may operate an aircraft on a flight segment on which 
smoking is prohibited unless the ``No Smoking'' passenger information 
signs are lighted during the entire flight segment, or one or more ``No 
Smoking'' placards meeting the requirements of Sec. 25.1541 are posted 
during the entire flight segment. If both the lighted signs and the 
placards are used, the signs must remain lighted during the entire 
flight segment. Smoking is prohibited on scheduled flight segments:
    (1) Between any two points within Puerto Rico, the United States 
Virgin Islands, the District of Columbia, or any State of the United 
States (other than Alaska or Hawaii) or between any two points in any 
one of the above-mentioned jurisdictions (other than Alaska or Hawaii);
    (2) Within the State of Alaska or within the State of Hawaii; or
    (3) Scheduled in the current Worldwide or North American Edition of 
the Official Airline Guide for 6 hours or less in duration and between 
any point listed in paragraph (c) (1) of this section and any point in 
Alaska or Hawaii, or between any point in Alaska and any point in 
Hawaii.
    (d) No person may operate a passenger-carrying airplane under this 
part unless at least one legible sign or placard that reads ``Fasten 
Seat Belt While Seated'' is visible from each passenger seat. These 
signs or placards need not meet the requirements of paragraph (a) of 
this section.
    (e) No person may operate an airplane unless there is installed in 
each lavatory a sign or placard that reads: ``Federal law provides for a 
penalty of up to $2,000 for tampering with the smoke detector installed 
in this lavatory.'' These signs or placards need not meet the 
requirements of paragraph (a) of this section.
    (f) Each passenger required by Sec. 121.311(b) to occupy a seat or 
berth shall fasten his or her safety belt about him or her and keep it 
fastened while the ``Fasten Seat Belt'' sign is lighted.
    (g) No person may smoke while a ``No Smoking'' sign is lighted or if 
``No Smoking'' placards are posted, except

[[Page 404]]

that the pilot in command may authorize smoking on the flight deck 
except during airplane movement on the surface, takeoff, or landing.
    (h) No person may smoke in any airplane lavatory.
    (i) No person may tamper with, disable, or destroy any smoke 
detector installed in any airplane lavatory.
    (j) On flight segments other than those described in paragraph (c) 
of this section, the ``No Smoking'' sign must be turned on during any 
movement on the surface, for each takeoff, for each landing, and at any 
other time considered necessary by the pilot in command.
    (k) Each passenger shall comply with instructions given him or her 
by a crewmember regarding compliance with paragraphs (f), (g), (h), and 
(l) of this section.
    (l) A certificate holder may operate a nontransport category 
airplane type certificated after December 31, 1964, that is manufactured 
before December 20, 1997, if it is equipped with at least one placard 
that is legible to each person seated in the cabin that states ``Fasten 
Seat Belt,'' and if, during any movement on the surface, for each 
takeoff, for each landing, and at any other time considered necessary by 
the pilot in command, a crewmember orally instructs the passengers to 
fasten their seat belts.

[Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as amended by Amdt. 121-
196, 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar. 7, 1990; 
Amdt. 121-230, 57 FR 42673, Sept. 15, 1992; Amdt. 121-251, 60 FR 65931, 
Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.318   Public address system.

    No person may operate an airplane with a seating capacity of more 
than 19 passengers unless it is equipped with a public address system 
which--
    (a) Is capable of operation independent of the crewmember interphone 
system required by Sec. 121.319, except for handsets, headsets, 
microphones, selector switches, and signaling devices;
    (b) Is approved in accordance with Sec. 21.305 of this chapter;
    (c) Is accessible for immediate use from each of two flight 
crewmember stations in the pilot compartment;
    (d) For each required floor-level passenger emergency exit which has 
an adjacent flight attendant seat, has a microphone which is readily 
accessible to the seated flight attendant, except that one microphone 
may serve more than one exit, provided the proximity of the exits allows 
unassisted verbal communication between seated flight attendants;
    (e) Is capable of operation within 10 seconds by a flight attendant 
at each of those stations in the passenger compartment from which its 
use is accessible;
    (f) Is audible at all passenger seats, lavatories, and flight 
attendant seats and work stations; and
    (g) For transport category airplanes manufactured on or after 
November 27, 1990, meets the requirements of Sec. 25.1423 of this 
chapter.

[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]



Sec. 121.319   Crewmember interphone system.

    (a) No person may operate an airplane with a seating capacity of 
more than 19 passengers unless the airplane is equipped with a 
crewmember interphone system that:
    (1) [Reserved]
    (2) Is capable of operation independent of the public address system 
required by Sec. 121.318(a) except for handsets, headsets, microphones, 
selector switches, and signaling devices; and
    (3) Meets the requirements of paragraph (b) of this section.
    (b) The crewmember interphone system required by paragraph (a) of 
this section must be approved in accordance with Sec. 21.305 of this 
chapter and meet the following requirements:
    (1) It must provide a means of two-way communication between the 
pilot compartment and--
    (i) Each passenger compartment; and
    (ii) Each galley located on other than the main passenger deck 
level.
    (2) It must be accessible for immediate use from each of two flight 
crewmember stations in the pilot compartment;
    (3) It must be accessible for use from at least one normal flight 
attendant station in each passenger compartment;

[[Page 405]]

    (4) It must be capable of operation within 10 seconds by a flight 
attendant at those stations in each passenger compartment from which its 
use is accessible; and
    (5) For large turbojet-powered airplanes:
    (i) It must be accessible for use at enough flight attendant 
stations so that all floor-level emergency exits (or entryways to those 
exits in the case of exits located within galleys) in each passenger 
compartment are observable from one or more of those stations so 
equipped;
    (ii) It must have an alerting system incorporating aural or visual 
signals for use by flight crewmembers to alert flight attendants and for 
use by flight attendants to alert flight crewmembers;
    (iii) The alerting system required by paragraph (b)(5)(ii) of this 
section must have a means for the recipient of a call to determine 
whether it is a normal call or an emergency call; and
    (iv) When the airplane is on the ground, it must provide a means of 
two-way communication between ground personnel and either of at least 
two flight crewmembers in the pilot compartment. The interphone system 
station for use by ground personnel must be so located that personnel 
using the system may avoid visible detection from within the airplane.

[Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as amended by Amdt. 121-121, 
40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; 
Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2611, 
Jan. 26, 1996]
Sec. 121.321  [Reserved]



Sec. 121.323   Instruments and equipment for operations at night.

    No person may operate an airplane at night unless it is equipped 
with the following instruments and equipment in addition to those 
required by Secs. 121.305 through 121.321:
    (a) Position lights.
    (b) An anti-collision light.
    (c) Two landing lights, except that only one landing light is 
required for nontransport category airplanes type certificated after 
December 31, 1964.
    (d) Instrument lights providing enough light to make each required 
instrument, switch, or similar instrument, easily readable and installed 
so that the direct rays are shielded from the flight crewmembers' eyes 
and that no objectionable reflections are visible to them. There must be 
a means of controlling the intensity of illumination unless it is shown 
that nondimming instrument lights are satisfactory.
    (e) An airspeed-indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (f) A sensitive altimeter.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65932, Dec. 20, 1995]



Sec. 121.325   Instruments and equipment for operations under IFR or over-the-top.

    No person may operate an airplane under IFR or over-the-top 
conditions unless it is equipped with the following instruments and 
equipment, in addition to those required by Secs. 121.305 through 
121.321:
    (a) An airspeed indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (b) A sensitive altimeter.
    (c) Instrument lights providing enough light to make each required 
instrument, switch, or similar instrument, easily readable and so 
installed that the direct rays are shielded from the flight crewmembers' 
eyes and that no objectionable reflections are visible to them, and a 
means of controlling the intensity of illumination unless it is shown 
that nondimming instrument lights are satisfactory.



Sec. 121.327   Supplemental oxygen: Reciprocating engine powered airplanes.

    (a) General. Except where supplemental oxygen is provided in 
accordance with Sec. 121.331, no person may operate an airplane unless 
supplemental oxygen is furnished and used as set forth in paragraphs (b) 
and (c) of this section. The amount of supplemental oxygen required for 
a particular operation is determined on the basis of flight altitudes 
and flight duration, consistent with the operation procedures 
established for each operation and route.

[[Page 406]]

    (b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet 
up to and including 12,000 feet, oxygen must be provided for, and used 
by, each member of the flight crew on flight deck duty, and must be 
provided for other crewmembers, for that part of the flight at those 
altitudes that is of more than 30 minutes duration.
    (2) At cabin pressure altitudes above 12,000 feet, oxygen must be 
provided for, and used by, each member of the flight crew on flight deck 
duty, and must be provided for other crewmembers, during the entire 
flight time at those altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously, except when necessary to remove the oxygen mask or 
other dispenser in connection with his regular duties. Standby 
crewmembers who are on call or are definitely going to have flight deck 
duty before completing the flight must be provided with an amount of 
supplemental oxygen equal to that provided for crewmembers on duty other 
than on flight deck duty. If a standby crewmember is not on call and 
will not be on flight deck duty during the remainder of the flight, he 
is considered to be a passenger for the purposes of supplemental oxygen 
requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen, approved for passenger safety, in accordance with the following:
    (1) For flights of more than 30 minutes duration at cabin pressure 
altitudes above 8,000 feet up to and including 14,000 feet, enough 
oxygen for 30 minutes for 10 percent of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.
    (d) For the purposes of this subpart cabin pressure altitude means 
the pressure altitude corresponding with the pressure in the cabin of 
the airplane, and flight altitude means the altitude above sea level at 
which the airplane is operated. For airplanes without pressurized 
cabins, ``cabin pressure altitude'' and ``flight altitude'' mean the 
same thing.



Sec. 121.329   Supplemental oxygen for sustenance: Turbine engine powered airplanes.

    (a) General. When operating a turbine engine powered airplane, each 
certificate holder shall equip the airplane with sustaining oxygen and 
dispensing equipment for use as set forth in this section:
    (1) The amount of oxygen provided must be at least the quantity 
necessary to comply with paragraphs (b) and (c) of this section.
    (2) The amount of sustaining and first-aid oxygen required for a 
particular operation to comply with the rules in this part is determined 
on the basis of cabin pressure altitudes and flight duration, consistent 
with the operating procedures established for each operation and route.
    (3) The requirements for airplanes with pressurized cabins are 
determined on the basis of cabin pressure altitude and the assumption 
that a cabin pressurization failure will occur at the altitude or point 
of flight that is most critical from the standpoint of oxygen need, and 
that after the failure the airplane will descend in accordance with the 
emergency procedures specified in the Airplane Flight Manual, without 
exceeding its operating limitations, to a flight altitude that will 
allow successful termination of the flight.
    (4) Following the failure, the cabin pressure altitude is considered 
to be the same as the flight altitude unless it is shown that no 
probable failure of the cabin or pressurization equipment will result in 
a cabin pressure altitude equal to the flight altitude. Under those 
circumstances, the maximum cabin pressure altitude attained may be used 
as a basis for certification or determination of oxygen supply, or both.
    (b) Crewmembers. Each certificate holder shall provide a supply of 
oxygen for crewmembers in accordance with the following:
    (1) At cabin pressure altitudes above 10,000 feet, up to and 
including 12,000 feet, oxygen must be provided for and

[[Page 407]]

used by each member of the flight crew on flight deck duty and must be 
provided for other crewmembers for that part of the flight at those 
altitudes that is of more than 30 minutes duration.
    (2) At cabin pressure altitudes above 12,000 feet, oxygen must be 
provided for, and used by, each member of the flight crew on flight deck 
duty, and must be provided for other crewmembers during the entire 
flight at those altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously except when necessary to remove the oxygen mask or other 
dispenser in connection with his regular duties. Standby crewmembers who 
are on call or are definitely going to have flight deck duty before 
completing the flight must be provided with an amount of supplemental 
oxygen equal to that provided for crewmembers on duty other than on 
flight duty. If a standby crewmember is not on call and will not be on 
flight deck duty during the remainder of the flight, he is considered to 
be a passenger for the purposes of supplemental oxygen requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen for passengers in accordance with the following:
    (1) For flights at cabin pressure altitudes above 10,000 feet, up to 
and including 14,000 feet, enough oxygen for that part of the flight at 
those altitudes that is of more than 30 minutes duration, for 10 percent 
of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet, up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.



Sec. 121.331   Supplemental oxygen requirements for pressurized cabin airplanes: Reciprocating engine powered airplanes.

    (a) When operating a reciprocating engine powered airplane 
pressurized cabin, each certificate holder shall equip the airplane to 
comply with paragraphs (b) through (d) of this section in the event of 
cabin pressurization failure.
    (b) For crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall provide enough oxygen for each 
crewmember for the entire flight at those altitudes and not less than a 
two-hour supply for each flight crewmember on flight deck duty. The 
required two hours supply is that quantity of oxygen necessary for a 
constant rate of descent from the airplane's maximum certificated 
operating altitude to 10,000 feet in ten minutes and followed by 110 
minutes at 10,000 feet. The oxygen required by Sec. 121.337 may be 
considered in determining the supplemental breathing supply required for 
flight crewmembers on flight deck duty in the event of cabin 
pressurization failure.
    (c) For passengers. When operating at flight altitudes above 8,000 
feet, the certificate holder shall provide oxygen as follows:
    (1) When an airplane is not flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the 
passengers, if at any point along the route to be flown the airplane can 
safely descend to a flight altitude of 14,000 feet or less within four 
minutes.
    (2) If the airplane cannot descend to a flight altitude of 14,000 
feet or less within four minutes, the following supply of oxygen must be 
provided:
    (i) For that part of the flight that is more than four minutes 
duration at flight altitudes above 15,000 feet, the supply required by 
Sec. 121.327(c)(3).
    (ii) For that part of the flight at flight altitudes above 14,000 
feet, up to and including 15,000 feet, the supply required by 
Sec. 121.327(c)(2).
    (iii) For flight at flight altitudes above 8,000 feet up to and 
including 14,000 feet, enough oxygen for 30 minutes for 10 percent of 
the passengers.
    (3) When an airplane is flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the passengers 
for the entire flight (including emergency descent) above 8,000 feet, up 
to and including 14,000 feet, and to comply with

[[Page 408]]

Sec. 121.327(c) (2) and (3) for flight above 14,000 feet.
    (d) For the purposes of this section it is assumed that the cabin 
pressurization failure occurs at a time during flight that is critical 
from the standpoint of oxygen need and that after the failure the 
airplane will descend, without exceeding its normal operating 
limitations, to flight altitudes allowing safe flight with respect to 
terrain clearance.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.333   Supplemental oxygen for emergency descent and for first aid; turbine engine powered airplanes with pressurized cabins.

    (a) General. When operating a turbine engine powered airplane with a 
pressurized cabin, the certificate holder shall furnish oxygen and 
dispensing equipment to comply with paragraphs (b) through (e) of this 
section in the event of cabin pressurization failure.
    (b) Crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall supply enough oxygen to comply with 
Sec. 121.329, but not less than a two-hour supply for each flight 
crewmember on flight deck duty. The required two hours supply is that 
quantity of oxygen necessary for a constant rate of descent from the 
airplane's maximum certificated operating altitude to 10,000 feet in ten 
minutes and followed by 110 minutes at 10,000 feet. The oxygen required 
in the event of cabin pressurization failure by Sec. 121.337 may be 
included in determining the supply required for flight crewmembers on 
flight deck duty.
    (c) Use of oxygen masks by flight crewmembers. (1) When operating at 
flight altitudes above flight level 250, each flight crewmember on 
flight deck duty must be provided with an oxygen mask so designed that 
it can be rapidly placed on his face from its ready position, properly 
secured, sealed, and supplying oxygen upon demand; and so designed that 
after being placed on the face it does not prevent immediate 
communication between the flight crewmember and other crewmembers over 
the airplane intercommunication system. When it is not being used at 
flight altitudes above flight level 250, the oxygen mask must be kept in 
condition for ready use and located so as to be within the immediate 
reach of the flight crewmember while at his duty station.
    (2) When operating at flight altitudes above flight level 250, one 
pilot at the controls of the airplane shall at all times wear and use an 
oxygen mask secured, sealed, and supplying oxygen, except that the one 
pilot need not wear and use an oxygen mask while at or below flight 
level 410 if each flight crewmember on flight deck duty has a quick-
donning type of oxygen mask that the certificate holder has shown can be 
placed on the face from its ready position, properly secured, sealed, 
and supplying oxygen upon demand, with one hand and within five seconds. 
The certificate holder shall also show that the mask can be put on 
without disturbing eye glasses and without delaying the flight 
crewmember from proceeding with his assigned emergency duties. The 
oxygen mask after being put on must not prevent immediate communication 
between the flight crewmember and other crewmembers over the airplane 
intercommunication system.
    (3) Notwithstanding paragraph (c)(2) of this section, if for any 
reason at any time it is necessary for one pilot to leave his station at 
the controls of the airplane when operating at flight altitudes above 
flight level 250, the remaining pilot at the controls shall put on and 
use his oxygen mask until the other pilot has returned to his duty 
station.
    (4) Before the takeoff of a flight, each flight crewmember shall 
personally preflight his oxygen equipment to insure that the oxygen mask 
is functioning, fitted properly, and connected to appropriate supply 
terminals, and that the oxygen supply and pressure are adequate for use.
    (d) Use of portable oxygen equipment by cabin attendants. Each 
attendant shall, during flight above flight level 250 flight altitude, 
carry portable oxygen equipment with at least a 15-minute supply of 
oxygen unless it is shown that enough portable oxygen units with masks 
or spare outlets and masks are distributed throughout the cabin to

[[Page 409]]

insure immediate availability of oxygen to each cabin attendant, 
regardless of his location at the time of cabin depressurization.
    (e) Passenger cabin occupants. When the airplane is operating at 
flight altitudes above 10,000 feet, the following supply of oxygen must 
be provided for the use of passenger cabin occupants:
    (1) When an airplane certificated to operate at flight altitudes up 
to and including flight level 250, can at any point along the route to 
be flown, descend safely to a flight altitude of 14,000 feet or less 
within four minutes, oxygen must be available at the rate prescribed by 
this part for a 30-minute period for at least 10 percent of the 
passenger cabin occupants.
    (2) When an airplane is operated at flight altitudes up to and 
including flight level 250 and cannot descend safely to a flight 
altitude of 14,000 feet within four minutes, or when an airplane is 
operated at flight altitudes above flight level 250, oxygen must be 
available at the rate prescribed by this part for not less than 10 
percent of the passenger cabin occupants for the entire flight after 
cabin depressurization, at cabin pressure altitudes above 10,000 feet up 
to and including 14,000 feet and, as applicable, to allow compliance 
with Sec. 121.329(c) (2) and (3), except that there must be not less 
than a 10-minute supply for the passenger cabin occupants.
    (3) For first-aid treatment of occupants who for physiological 
reasons might require undiluted oxygen following descent from cabin 
pressure altitudes above flight level 250, a supply of oxygen in 
accordance with the requirements of Sec. 25.1443(d) must be provided for 
two percent of the occupants for the entire flight after cabin 
depressurization at cabin pressure altitudes above 8,000 feet, but in no 
case to less than one person. An appropriate number of acceptable 
dispensing units, but in no case less than two, must be provided, with a 
means for the cabin attendants to use this supply.
    (f) Passenger briefing. Before flight is conducted above flight 
level 250, a crewmember shall instruct the passengers on the necessity 
of using oxygen in the event of cabin depressurization and shall point 
out to them the location and demonstrate the use of the oxygen-
dispensing equipment.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-11, 
30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec. 20, 1976]



Sec. 121.335   Equipment standards.

    (a) Reciprocating engine powered airplanes. The oxygen apparatus, 
the minimum rates of oxygen flow, and the supply of oxygen necessary to 
comply with Sec. 121.327 must meet the standards established in section 
4b.651 of the Civil Air Regulations as in effect on July 20, 1950, 
except that if the certificate holder shows full compliance with those 
standards to be impracticable, the Administrator may authorize any 
change in those standards that he finds will provide an equivalent level 
of safety.
    (b) Turbine engine powered airplanes. The oxygen apparatus, the 
minimum rate of oxygen flow, and the supply of oxygen necessary to 
comply with Secs. 121.329 and 121.333 must meet the standards 
established in section 4b.651 of the Civil Air Regulations as in effect 
on September 1, 1958, except that if the certificate holder shows full 
compliance with those standards to be impracticable, the Administrator 
may authorize any changes in those standards that he finds will provide 
an equivalent level of safety.



Sec. 121.337   Protective breathing equipment.

    (a) The certificate holder shall furnish approved protective 
breathing equipment (PBE) meeting the equipment, breathing gas, and 
communication requirements contained in paragraph (b) of this section.
    (b) Pressurized and nonpressurized cabin airplanes. Except as 
provided in paragraph (f) of this section, no person may operate an 
airplane unless protective breathing equipment meeting the requirements 
of this section is provided as follows:
    (1) General. The equipment must protect the flightcrew from the 
effects of smoke, carbon dioxide or other harmful gases or an oxygen 
deficient environment caused by other than an airplane depressurization 
while on flight deck duty and must protect crewmembers

[[Page 410]]

from the above effects while combatting fires on board the airplane.
    (2) The equipment must be inspected regularly in accordance with 
inspection guidelines and the inspection periods established by the 
equipment manufacturer to ensure its condition for continued 
serviceability and immediate readiness to perform its intended emergency 
purposes. The inspection periods may be changed upon a showing by the 
certificate holder that the changes would provide an equivalent level of 
safety.
    (3) That part of the equipment protecting the eyes must not impair 
the wearer's vision to the extent that a crewmember's duties cannot be 
accomplished and must allow corrective glasses to be worn without 
impairment of vision or loss of the protection required by paragraph 
(b)(1) of this section.
    (4) The equipment, while in use, must allow the flightcrew to 
communicate using the airplane radio equipment and to communicate by 
interphone with each other while at their assigned duty stations. The 
equipment, while in use, must also allow crewmember interphone 
communications between each of two flight crewmember stations in the 
pilot compartment and at least one normal flight attendant station in 
each passenger compartment.
    (5) The equipment, while in use, must allow any crewmember to use 
the airplane interphone system at any of the flight attendant stations 
referred to in paragraph (b)(4) of this section.
    (6) The equipment may also be used to meet the supplemental oxygen 
requirements of this part provided it meets the oxygen equipment 
standards of Sec. 121.335 of this part.
    (7) Protective breathing gas duration and supply system equipment 
requirements are as follows:
    (i) The equipment must supply breathing gas for 15 minutes at a 
pressure altitude of 8,000 feet for the following:
    (A) Flight crewmembers while performing flight deck duties; and
    (B) Crewmembers while combatting an in-flight fire.
    (ii) The breathing gas system must be free from hazards in itself, 
in its method of operation, and in its effect upon other components.
    (iii) For breathing gas systems other than chemical oxygen 
generators, there must be a means to allow the crew to readily 
determine, during the equipment preflight described in paragraph (c) of 
this section, that the gas supply is fully charged.
    (iv) For each chemical oxygen generator, the supply system equipment 
must meet the requirements of Sec. 25.1450 (b) and (c) of this chapter.
    (8) Smoke and fume protection. Protective breathing equipment with a 
fixed or portable breathing gas supply meeting the requirements of this 
section must be conveniently located on the flight deck and be easily 
accessible for immediate use by each required flight crewmember at his 
or her assigned duty station.
    (9) Fire combatting. Except for nontransport category airplanes type 
certificated after December 31, 1964, protective breathing equipment 
with a portable breathing gas supply meeting the requirements of this 
section must be easily accessible and conveniently located for immediate 
use by crewmembers in combatting fires as follows:
    (i) One PBE is required for each hand fire extinguisher located for 
use in a galley other than a galley located in a passenger, cargo, or 
crew compartment.
    (ii) One on the flight deck, except that the Administrator may 
authorize another location for this PBE if special circumstances exist 
that make compliance impractical and the proposed deviation would 
provide an equivalent level of safety.
    (iii) In each passenger compartment, one for each hand fire 
extinguisher required by Sec. 121.309 of this part, to be located within 
3 feet of each required hand fire extinguisher, except that the 
Administrator may authorize a deviation allowing locations of PBE more 
than 3 feet from required hand fire extinguisher locations if special 
circumstances exist that make compliance impractical and if the proposed 
deviation provides an equivalent level of safety.
    (c) Equipment preflight. (1) Before each flight, each item of PBE at 
flight

[[Page 411]]

crewmember duty stations must be checked by the flight crewmember who 
will use the equipment to ensure that the equipment--
    (i) For other than chemical oxygen generator systems, is 
functioning, is serviceable, fits properly (unless a universal-fit 
type), and is connected to supply terminals and that the breathing gas 
supply and pressure are adequate for use; and
    (ii) For chemical oxygen generator systems, is serviceable and fits 
properly (unless a universal-fit type).
    (2) Each item of PBE located at other than a flight crewmember duty 
station must be checked by a designated crewmember to ensure that each 
is properly stowed and serviceable, and, for other than chemical oxygen 
generator systems, the breathing gas supply is fully charged. Each 
certificate holder, in its operations manual, must designate at least 
one crewmember to perform those checks before he or she takes off in 
that airplane for his or her first flight of the day.

[Doc. No. 24792, 52 FR 20957, June 3, 1987, as amended by Amdt. 121-204, 
54 FR 22271, May 22, 1989; Amdt. 121-212, 55 FR 5551, Feb. 15, 1990; 
Amdt. 121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674, 
Sept. 15, 1992; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995; Amdt. 121-
261, 61 FR 43921, Aug. 26, 1996]



Sec. 121.339   Emergency equipment for extended over-water operations.

    (a) Except where the Administrator, by amending the operations 
specifications of the certificate holder, requires the carriage of all 
or any specific items of the equipment listed below for any overwater 
operation, or upon application of the certificate holder, the 
Administrator allows deviation for a particular extended overwater 
operation, no person may operate an airplane in extended overwater 
operations without having on the airplane the following equipment:
    (1) A life preserver equipped with an approved survivor locator 
light, for each occupant of the airplane.
    (2) Enough life rafts (each equipped with an approved survivor 
locator light) of a rated capacity and buoyancy to accommodate the 
occupants of the airplane. Unless excess rafts of enough capacity are 
provided, the buoyancy and seating capacity of the rafts must 
accommodate all occupants of the airplane in the event of a loss of one 
raft of the largest rated capacity.
    (3) At least one pyrotechnic signaling device for each life raft.
    (4) An approved survival type emergency locator transmitter. 
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, or when 50 percent of their useful life (or 
for rechargeable batteries, 50 percent of their useful life of charge) 
has expired, as established by the transmitter manufacturer under its 
approval. The new expiration date for replacing (or recharging) the 
battery must be legibly marked on the outside of the transmitter. The 
battery useful life (or useful life of charge) requirements of this 
paragraph do not apply to batteries (such as water-activated batteries) 
that are essentially unaffected during probable storage intervals.
    (b) The required life rafts, life preservers, and survival type 
emergency locator transmitter must be easily accessible in the event of 
a ditching without appreciable time for preparatory procedures. This 
equipment must be installed in conspicuously marked, approved locations.
    (c) A survival kit, appropriately equipped for the route to be 
flown, must be attached to each required life raft.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53, 
34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; 
Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378, 
Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158, 
45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994]



Sec. 121.340   Emergency flotation means.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane in any overwater operation unless it is equipped 
with life preservers in accordance with Sec. 121.339(a)(1) or with an 
approved flotation means for each occupant. This means must be within 
easy reach of each seated occupant and must be readily removable from 
the airplane.

[[Page 412]]

    (b) Upon application by the air carrier or commercial operator, the 
Administrator may approve the operation of an airplane over water 
without the life preservers or flotation means required by paragraph (a) 
of this section, if the air carrier or commercial operator shows that 
the water over which the airplane is to be operated is not of such size 
and depth that life preservers or flotation means would be required for 
the survival of its occupants in the event the flight terminates in that 
water.

[Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as amended by Amdt. 121-25, 
32 FR 3223, Feb. 24, 1967; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.341   Equipment for operations in icing conditions.

    (a) Except as permitted in paragraph (c)(2) of this section, unless 
an airplane is type certificated under the transport category 
airworthiness requirements relating to ice protection, or unless an 
airplane is a non-transport category airplane type certificated after 
December 31, 1964, that has the ice protection provisions that meet 
section 34 of appendix A of part 135 of this chapter, no person may 
operate an airplane in icing conditions unless it is equipped with means 
for the prevention or removal of ice on windshields, wings, empennage, 
propellers, and other parts of the airplane where ice formation will 
adversely affect the safety of the airplane.
    (b) No person may operate an airplane in icing conditions at night 
unless means are provided for illuminating or otherwise determining the 
formation of ice on the parts of the wings that are critical from the 
standpoint of ice accumulation. Any illuminating that is used must be of 
a type that will not cause glare or reflection that would handicap 
crewmembers in the performance of their duties.
    (c) Non-transport category airplanes type certificated after 
December 31, 1964. Except for an airplane that has ice protection 
provisions that meet section 34 of appendix A of part 135 of this 
chapter, or those for transport category airplane type certification, no 
person may operate--
    (1) Under IFR into known or forecast light or moderate icing 
conditions;
    (2) Under VFR into known light or moderate icing conditions; unless 
the airplane has functioning deicing anti-icing equipment protecting 
each propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system; or
    (3) Into known or forecast severe icing conditions.
    (d) If current weather reports and briefing information relied upon 
by the pilot in command indicate that the forecast icing condition that 
would otherwise prohibit the flight will not be encountered during the 
flight because of changed weather conditions since the forecast, the 
restrictions in paragraph (c) of this section based on forecast 
conditions do not apply.

[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65929, Dec. 20, 1995]



Sec. 121.342  Pitot heat indication systems.

    No person may operate a transport category airplane or, after 
December 20, 1999, a nontransport category airplane type certificated 
after December 31, 1964, that is equipped with a flight instrument pitot 
heating system unless the airplane is also equipped with an operable 
pitot heat indication system that complies Sec. 25.1326 of this chapter 
in effect on April 12, 1978.

[Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]



Sec. 121.343   Flight recorders.

    (a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of 
this section, no person may operate a large airplane that is 
certificated for operations above 25,000 feet altitude or is turbine-
engine powered unless it is equipped with one or more approved flight 
recorders that record data from which the following may be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:

(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic 
    control.


[[Page 413]]


    (b) No person may operate a large airplane type certificated up to 
and including September 30, 1969, for operations above 25,000 feet 
altitude, or a turbine-engine powered airplane certificated before the 
same date, unless it is equipped before May 26, 1989 with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:

(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic 
    control.

    (c) Except as provided in paragraph (l) of this section, no person 
may operate an airplane specified in paragraph (b) of this section 
unless it is equipped, before May 26, 1994, with one or more approved 
flight recorders that utilize a digital method of recording and storing 
data and a method of readily retrieving that data from the storage 
medium. The following information must be able to be determined within 
the ranges, accuracies and recording intervals specified in appendix B 
of this part:

(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic 
    control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.

    (d) No person may operate an airplane specified in paragraph (b) of 
this section that is manufactured after May 26, 1989, as well as 
airplanes specified in paragraph (a) of this section that have been type 
certificated after September 30, 1969, unless it is equipped with one or 
more approved flight recorders that utlitize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. The following information must be able to be 
determined within the ranges, accuracies, and recording intervals 
specified in appendix B of this part:

(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic 
    control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each thrust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.

For the purpose of this section, manufactured means the point in time at 
which the airplane inspection acceptance records reflect that the 
airplane is complete and meets the FAA-approved type design data.
    (e) After October 11, 1991, no person may operate a large airplane 
equipped with a digital data bus and ARINC 717 digital flight data 
acquisition unit (DFDAU) or equivalent unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. Any parameters specified in appendix B of this 
part that are available on the digital data bus must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified.
    (f) After October 11, 1991, no person may operate an airplane 
specified in paragraph (b) of this section that is manufactured after 
October 11, 1991, nor an airplane specified in paragraph (a) of this 
section that has been type certificated after September 30, 1969,

[[Page 414]]

and manufactured after October 11, 1991, unless it is equipped with one 
or more flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The parameters specified in appendix B of this part must 
be recorded within the ranges, accuracies, resolutions, and sampling 
intervals specified.
    (g) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as appropriate, until the 
airplane has been operated for at least 25 hours of the operating time 
specified in Sec. 121.359(a). A total of 1 hour of recorded data may be 
erased for the purpose of testing the flight recorder or the flight 
recorder system. Any erasure made in accordance with this paragraph must 
be of the oldest recorded data accumulated at the time of testing. 
Except as provided in paragraph (i) of this section, no record need be 
kept more than 60 days.
    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board under 
part 830 of its regulations and that results in termination of the 
flight, the certificate holder shall remove the recording media from the 
airplane and keep the recorded data required by paragraph (a), (b), (c), 
or (d) of this section, as appropriate, for at least 60 days or for a 
longer period upon the request of the Board or the Administrator.
    (j) Each flight recorder required by this section must be installed 
in accordance with the requirements of Sec. 25.1459 of this chapter in 
effect on August 31, 1977. The correlation required by Sec. 25.1459(c) 
of this chapter need be established only on one airplane of any group of 
airplanes--
    (1) That are of the same type;
    (2) On which the model flight recorder and its installation are the 
same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those first pilot's instruments associated with 
the flight recorder. The most recent instrument calibration, including 
the recording medium from which this calibration is derived, and the 
recorder correlation must be retained by the certificate holder.
    (k) Each flight recorder required by this section that records the 
data specified in paragraph (a), (b), (c), or (d) of this section, as 
appropriate, must have an approved device to assist in locating that 
recorder under water.
    (l) No person may operate an airplane specified in paragraph (b) of 
this section that meets the Stage 2 noise levels of part 36 of this 
chapter and is subject to Sec. 91.801(c) of this chapter unless it is 
equipped with one or more approved flight data recorders that utilize a 
digital method of recording and storing data and a method of readily 
retrieving that data from the storage medium. The information specified 
in paragraphs (c)(1) through (c)(11) of this section must be able to be 
determined within the ranges, accuracies and recording intervals 
specified in appendix B of this part. In addition--
    (1) This flight data recorder must be installed at the next heavy 
maintenance check after May 26, 1994, but no later than May 26, 1995. A 
heavy maintenance check is considered to be any time an aircraft is 
scheduled to be out of service for 4 or more days.
    (2) By June 23, 1994, each carrier must submit to the FAA Flight 
Standards Service, Air Transportation Division (AFS-200), documentation 
listing those airplanes covered under this paragraph and evidence that 
it has ordered a sufficient number of flight data recorders to meet the 
May 26, 1995, compliance date for all aircraft on that list.
    (3) After May 26, 1994, any aircraft that is modified to meet Stage 
3 noise levels must have the flight data recorder described in paragraph 
(c) of

[[Page 415]]

this section installed before operating under this part.

[Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as amended by Amdt. 121-197, 
53 FR 26147, July 11, 1988; Amdt. 121-238, 59 FR 26900, May 24, 1994]



Sec. 121.344  Flight recorders: Airplanes with a passenger seat configuration of 10-30 passenger seats and a payload capacity of 7,500 pounds or less.

    No person may operate an airplane with a passenger seat 
configuration of 10-30 passenger seats, excluding each crewmember seat, 
and a payload capacity of 7,500 pounds or less unless it meets the 
requirements for flight recorders in Sec. 135.152 of this chapter. A 
person operating an airplane with a passenger seat configuration of more 
than 30 passenger seats, or a payload capacity of more than 7,500 pounds 
shall comply with Sec. 121.343.

[Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]



Sec. 121.345   Radio equipment.

    (a) No person may operate an airplane unless it is equipped with 
radio equipment required for the kind of operation being conducted.
    (b) Where two independent (separate and complete) radio systems are 
required by Secs. 121.347 and 121.349, each system must have an 
independent antenna installation except that, where rigidly supported 
nonwire antennas or other antenna installations of equivalent 
reliability are used, only one antenna is required.
    (c) ATC transponder equipment installed within the time periods 
indicated below must meet the performance and environmental requirements 
of the following TSO's:
    (1) Through January 1, 1992: (i) Any class of TSO-C74b or any class 
of TSO-C74c as appropriate, provided that the equipment was manufactured 
before January 1, 1990; or
    (ii) The appropriate class of TSO-C112 (Mode S).
    (2) After January 1, 1992: The appropriate class of TSO-C112 (Mode 
S). For purposes of paragraph (c) (2) of this section, ``installation'' 
does not include--
    (i) Temporary installation of TSO-C74b or TSO-C74c substitute 
equipment, as appropriate, during maintenance of the permanent 
equipment;
    (ii) Reinstallation of equipment after temporary removal for 
maintenance; or
    (iii) For fleet operations, installation of equipment in a fleet 
aircraft after removal of the equipment for maintenance from another 
aircraft in the same operator's fleet.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-101, 
37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb. 3, 1987]



Sec. 121.347   Radio equipment for operations under VFR over routes navigated by pilotage.

    (a) No person may operate an airplane under VFR over routes that can 
be navigated by pilotage, unless it is equipped with the radio equipment 
necessary under normal operating conditions to fulfill the following:
    (1) Communicate with at least one appropriate ground station from 
any point on the route.
    (2) Communicate with appropriate traffic control facilities from any 
point within the lateral boundaries of the surface areas of Class B, 
Class C, Class D, or Class E airspace designated for an airport in which 
flights are intended.
    (3) Receive meteorological information from any point en route by 
either of two independent systems. One of the means provided to comply 
with this subparagraph may be used to comply with paragraphs (a)(1) and 
(2) of this section.
    (b) No person may operate an airplane at night under VFR over routes 
than can be navigated by pilotage unless that airplane is equipped with 
the radio equipment necessary under normal operating conditions to 
fulfill the functions specified in paragraph (a) of this section and to 
receive radio navigational signals applicable to the route flown, except 
that a marker beacon receiver or ILS receiver is not required.

[Doc. No. 6258, 29 FR 19205, Dec. 17, 1964, as amended by Amdt. 121-226, 
56 FR 65663, Dec. 17, 1991

[[Page 416]]



Sec. 121.349   Radio equipment for operations under VFR over routes not navigated by pilotage or for operations under IFR or over-the-top.

    (a) No person may operate an airplane under VFR over routes that 
cannot be navigated by pilotage or for operations conducted under IFR or 
over-the-top, unless the airplane is equipped with that radio equipment 
necessary under normal operating conditions to fulfill the functions 
specified in Sec. 121.347(a) and to receive satisfactorily by either of 
two independent systems radio navigational signals from all primary en 
route and approach navigational facilities intended to be used. However, 
only one marker beacon receiver providing visual and aural signals and 
one ILS receiver need be provided. Equipment provided to receive signals 
en route may be used to receive signals on approach, if it is capable of 
receiving both signals.
    (b) In the case of operation over routes on which navigation is 
based on low frequency radio range or automatic direction finding, only 
one low frequency radio range or ADF receiver need be installed if the 
airplane is equipped with two VOR receivers, and VOR navigational aids 
are so located and the airplane is so fueled that, in the case of 
failure of the low frequency radio range receiver or ADF receiver, the 
flight may proceed safely to a suitable airport, by means of VOR aids, 
and complete an instrument approach by use of the remaining airplane 
radio system.
    (c) Whenever VOR navigational receivers are required by paragraph 
(a) or (b) of this section, at least one approved distance measuring 
equipment unit (DME) capable of receiving and indicating distance 
information from VORTAC facilities must be installed on each airplane 
when operated in the 50 states and the District of Columbia.
    (d) If the distance measuring equipment (DME) becomes inoperative en 
route, the pilot shall notify ATC of that failure as soon as it occurs.
    (e) No person may operate an airplane having a passenger seat 
configuration of 10 to 30 seats, excluding each crewmember seat, and a 
payload of 7,500 pounds or less under IFR or in extended overwater 
operations unless it has, in addition to any other required radio 
communications 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, two 
microphones, and two headsets or one headset and one speaker.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-19, 
31 FR 6265, Apr. 23, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; 
Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.351   Radio equipment for extended overwater operations and for certain other operations.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct an extended overwater operation unless the airplane is 
equipped with the radio communication equipment necessary to comply with 
Sec. 121.349, an independent system that complies with Sec. 121.347 
(a)(1), and two long-range navigation systems when VOR or ADF radio 
navigation equipment is unusable along a portion of the route.
    (b) No certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska may conduct 
an operation without the equipment specified in paragraph (a) of this 
section, if the Administrator finds that equipment to be necessary for 
search and rescue operations because of the nature of the terrain to be 
flown over.
    (c) Notwithstanding the requirements of paragraph (a) of this 
section, installation and use of a single LRNS and a single LRCS may be 
authorized by the Administrator and approved in the certificate holder's 
operations specifications for operations and routes in certain 
geographic areas. The following are among the operational factors the 
Administrator may consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and

[[Page 417]]

    (3) The duration of the very high frequency communications gap.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996; Amdt. 121-254, 61 FR 7191, Feb. 26, 1996]



Sec. 121.353  Emergency equipment for operations over uninhabited terrain areas: Flag, supplemental, and certain domestic operations.

    Unless the airplane has the following equipment, no person may 
conduct a flag or supplemental operation or a domestic operation within 
the States of Alaska or Hawaii over an uninhabited area or any other 
area that (in its operations specifications) the Administrator specifies 
required equipment for search and rescue in case of an emergency:
    (a) Suitable pyrotechnic signaling devices.
    (b) An approved survival type emergency locator transmitter. 
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, or when 50 percent of their useful life (or 
for rechargeable batteries, 50 percent of their useful life of charge) 
has expired, as established by the transmitter manufacturer under its 
approval. The new expiration date for replacing (or recharging) the 
battery must be legibly marked on the outside of the transmitter. The 
battery useful life (or useful life of charge) requirements of this 
paragraph do not apply to batteries (such as water-activated batteries) 
that are essentially unaffected during probable storage intervals.
    (c) Enough survival kits, appropriately equipped for the route to be 
flown for the number of occupants of the airplane.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 
36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; 
Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, 
June 21, 1994; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.355   Equipment for operations on which specialized means of navigation are used.

    (a) No certificate holder may conduct an operation--
    (1) Using Doppler Radar or an Inertial Navigation System outside the 
48 contiguous States and the District of Columbia, unless such systems 
have been approved in accordance with appendix G to this part; or
    (2) Using Doppler Radar or an Inertial Navigation System within the 
48 contiguous States and the District of Columbia, or any other 
specialized means of navigation, unless it shows that an adequate 
airborne system is provided for the specialized navigation authorized 
for the particular operation.
    (b) Notwithstanding paragraph (a) of this section, Doppler Radar and 
Inertial Navigation Systems, and the training programs, maintenance 
programs, relevant operations manual material, and minimum equipment 
lists prepared in accordance therewith, approved before April 29, 1972, 
are not required to be approved in accordance with that paragraph.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972]



Sec. 121.356  Traffic Alert and Collision Avoidance System.

    (a) Unless otherwise authorized by the Administrator, each 
certificate holder operating a large airplane that has a passenger 
seating configuration, excluding any pilot seat, of more than 30 seats, 
shall equip its airplanes with an approved TCAS II traffic alert and 
collision avoidance system and the appropriate class of Mode S 
transponder according to the following schedule:

------------------------------------------------------------------------
                 Date                           Required equipage       
------------------------------------------------------------------------
December 30, 1990.....................  At least 20% of all covered     
                                         airplanes, if the certificate  
                                         holder operates more than 30   
                                         such airplanes.                
December 30, 1991.....................  50% of all covered airplanes.   
December 30, 1993.....................  100% of all covered airplanes.  
------------------------------------------------------------------------

    (b) Unless otherwise authorized by the Administrator, after December 
31, 1995, no person may operate a passenger or combination cargo/
passenger (combi) airplane that has a passenger seat configuration, 
excluding any pilot seat, of 10 to 30 seats unless it is equipped with 
an approved traffic alert and collision avoidance system. If a TCAS II 
system is installed, it must be capable of coordinating with TCAS units 
that meet TSO C-119.

[[Page 418]]

    (c) The appropriate manuals required by Sec. 121.131 shall contain 
the following information on the TCAS II System or TCAS I System, as 
appropriate, as required by this section:
    (1) Appropriate procedures for--
    (i) The operation of the equipment; and
    (ii) Proper flightcrew action with respect to the equipment.
    (2) An outline of all input sources that must be operative for the 
TCAS to function properly.

[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt. 121-217, 
55 FR 13247, Apr. 9, 1990; Amdt. 121-246, 59 FR 67586, Dec. 29, 1994; 
Amdt. 121-247, 60 FR 3303, Jan. 13, 1995; Amdt. 121-251, 60 FR 65932, 
Dec. 20, 1995]



Sec. 121.357   Airborne weather radar equipment requirements.

    (a) No person may operate any transport category airplane (except C-
46 type airplanes) or a nontransport category airplane certificated 
after December 31, 1964, unless approved airborne weather radar 
equipment has been installed in the airplane.
    (b) [Reserved]
    (c) Each person operating an airplane required to have approved 
airborne weather radar equipment installed shall, when using it under 
this part, operate it in accordance with the following:
    (1) Dispatch. No person may dispatch an airplane (or begin the 
flight of an airplane in the case of a certificate holder, that does not 
use a dispatch system) under IFR or night VFR conditions when current 
weather reports indicate that thunderstorms, or other potentially 
hazardous weather conditions that can be detected with airborne weather 
radar, may reasonably be expected along the route to be flown, unless 
the airborne weather radar equipment is in satisfactory operating 
condition.
    (2) If the airborne weather radar becomes inoperative en route, the 
airplane must be operated in accordance with the approved instructions 
and procedures specified in the operations manual for such an event.
    (d) This section does not apply to airplanes used solely within the 
State of Hawaii or within the State of Alaska and that part of Canada 
west of longitude 130 degrees W, between latitude 70 degrees N, and 
latitude 53 degrees N, or during any training, test, or ferry flight.
    (e) Notwithstanding any other provision of this chapter, an 
alternate electrical power supply is not required for airborne weather 
radar equipment.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-18, 
31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; 
Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.358  Low-altitude windshear system equipment requirements.

    (a) Airplanes manufactured after January 2, 1991. No person may 
operate a turbine-powered airplane manufactured after January 2, 1991, 
unless it is equipped with either an approved airborne windshear warning 
and flight guidance system, an approved airborne detection and avoidance 
system, or an approved combination of these systems.
    (b) Airplanes manufactured before January 3, 1991. Except as 
provided in paragraph (c) of this section, after January 2, 1991, no 
person may operate a turbine-powered airplane manufactured before 
January 3, 1991 unless it meets one of the following requirements as 
applicable.
    (1) The makes/models/series listed below must be equipped with 
either an approved airborne windshear warning and flight guidance 
system, an approved airborne detection and avoidance system, or an 
approved combination of these systems:
    (i) A-300-600;
    (ii) A-310--all series;
    (iii) A-320--all series;
    (iv) B-737-300, 400, and 500 series;
    (v) B-747-400;
    (vi) B-757--all series;
    (vii) B-767--all series;
    (viii) F-100--all series;
    (ix) MD-11--all series; and
    (x) MD-80 series equipped with an EFIS and Honeywell-970 digital 
flight guidance computer.
    (2) All other turbine-powered airplanes not listed above must be 
equipped with as a minimum requirement, an approved airborne windshear 
warning system. These airplanes may be equipped with an approved 
airborne

[[Page 419]]

windshear detection and avoidance system, or an approved combination of 
these systems.
    (c) Extension of the compliance date. A certificate holder may 
obtain an extension of the compliance date in paragraph (b) of this 
section if it obtains FAA approval of a retrofit schedule. To obtain 
approval of a retrofit schedule and show continued compliance with that 
schedule, a certificate holder must do the following:
    (1) Submit a request for approval of a retrofit schedule by June 1, 
1990, to the Flight Standards Division Manager in the region of the 
certificate holding district office.
    (2) Show that all of the certificate holder's airplanes required to 
be equipped in accordance with this section will be equipped by the 
final compliance date established for TCAS II retrofit.
    (3) Comply with its retrofit schedule and submit status reports 
containing information acceptable to the Administrator. The initial 
report must be submitted by January 2, 1991, and subsequent reports must 
be submitted every six months thereafter until completion of the 
schedule. The reports must be submitted to the certificate holder's 
assigned Principal Avionics Inspector.
    (d) Definitions. For the purposes of this section the following 
definitions apply--
    (1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-, 
propfan-, and ultra-high bypass fan-powered airplanes. The definition 
specifically excludes turbopropeller-powered airplanes.
    (2) An airplane is considered manufactured on the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA Approved Type Design data.

[Doc. No. 25954, 55 FR 13242, Apr. 9, 1990]



Sec. 121.359   Cockpit voice recorders.

    (a) No certificate holder may operate a large turbine engine powered 
airplane or a large pressurized airplane with four reciprocating engines 
unless an approved cockpit voice recorder is installed in that airplane 
and is operated continuously from the start of the use of the checklist 
(before starting engines for the purpose of flight), to completion of 
the final checklist at the termination of the flight.
    (b) [Reserved]
    (c) The cockpit voice recorder required by paragraph (a) of this 
section must meet the following application standards:
    (1) The requirements of part 25 of this chapter in affect on August 
31, 1977.
    (2) After September 1, 1980, each recorder container must--
    (i) Be either bright orange or bright yellow;
    (ii) Have reflective tape affixed to the external surface to 
facilitate its location under water; and
    (iii) Have an approved underwater locating device on or adjacent to 
the container which is secured in such a manner that they are not likely 
to be separated during crash impact, unless the cockpit voice recorder, 
and the flight recorder required by Sec. 121.343, are installed adjacent 
to each other in such a manner that they are not likely to be separated 
during crash impact.
    (d) No person may operate a multiengine, turbine-powered airplane 
having a passenger seat configuration of 10-19 seats unless it is 
equipped with an approved cockpit voice recorder that:
    (1) Is installed in compliance with Sec. 23.1457(a) (1) and (2), 
(b), (c), (d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b), (c), 
(d), (e), (f), and (g) of this chapter, as applicable; and
    (2) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (e) No person may operate a multiengine, turbine-powered airplane 
having a passenger seat configuration of 20 to 30 seats unless it is 
equipped with an approved cockpit voice recorder that--
    (1) Is installed in compliance with Sec. 23.1457 or Sec. 25.1457 of 
this chapter, as applicable; and
    (2) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (f) In complying with this section, an approved cockpit voice 
recorder having an erasure feature may be used, so that at any time 
during the operation of the recorder, information recorded more than 30 
minutes earlier may be erased or otherwise obliterated.

[[Page 420]]

    (g) For those aircraft equipped to record the uninterrupted audio 
signals received by a boom or a mask microphone, the flight crewmembers 
are required to use the boom microphone below 18,000 feet mean sea 
level. No person may operate a large turbine engine powered airplane or 
a large pressurized airplane with four reciprocating engines 
manufactured after October 11, 1991, or on which a cockpit voice 
recorder has been installed after October 11, 1991, unless it is 
equipped to record the uninterrupted audio signal received by a boom or 
mask microphone in accordance with Sec. 25.1457(c)(5) of this chapter.
    (h) In the event of an accident or occurrence requiring immediate 
notification of the National Transportation Safety Board under part 830 
of its regulations, which results in the termination of the flight, the 
certificate holder shall keep the recorded information for at least 60 
days or, if requested by the Administrator or the Board, for a longer 
period. Information obtained from the record is used to assist in 
determining the cause of accidents or occurrences in connection with 
investigations under part 830. The Administrator does not use the record 
in any civil penalty or certificate action.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-20, 
31 FR 8912, June 28, 1966; Amdt. 121-23, 31 FR 15192, Dec. 3, 1966; 
Amdt. 121-32, 32 FR 13914, Oct. 6, 1967; Amdt. 121-130, 41 FR 47229, 
Oct. 28, 1976; Amdt. 121-135, 42 FR 36973, July 18, 1977; Amdt. 121-143, 
43 FR 22642, May 25, 1978; Amdt. 121-197, 53 FR 26147, July 11, 1988; 
Amdt. 121-251, 60 FR 65933, Dec. 20, 1995]



Sec. 121.360  Ground proximity warning-glide slope deviation alerting system.

    (a) No person may operate a turbine-powered airplane unless it is 
equipped with a ground proximity warning system that meets the 
performance and environmental standards of TSO-C92 (available from the 
FAA, 800 Independence Avenue SW., Washington, DC 20591) or incorporates 
TSO-approved ground proximity warning equipment.
    (b) For the ground proximity warning system required by this 
section, the Airplane Flight Manual shall contain--
    (1) Appropriate procedures for--
    (i) The use of the equipment;
    (ii) Proper flightcrew action with respect to the equipment;
    (iii) Deactivation for planned abnormal and emergency conditions;
    (iv) Inhibition of Mode 4 warnings based on flaps being in other 
than the landing configuration if the system incorporates a Mode 4 flap 
warning inhibition control; and
    (2) An outline of all input sources that must be operating.
    (c) No person may deactivate a ground proximity warning system 
required by this section except in accordance with the procedures 
contained in the Airplane Flight Manual.
    (d) Whenever a ground proximity warning system required by this 
section is deactivated, an entry shall be made in the airplane 
maintenance record that includes the date and time of deactivation.
    (e) No person may operate a turbine-powered airplane unless it is 
equipped with a ground proximity warning/glide slope deviation alerting 
system that meets the performance and environmental standards contained 
in TSO-C92a or TSO-C92b or incorporates TSO-approved ground proximity 
warning-glide slope deviation alerting equipment.
    (f) No person may operate a turbojet powered airplane equipped with 
a system required by paragraph (e) of this section, that incorporates 
equipment that meets the performance and environmental standards of TSO-
C92b or is approved under that TSO, using other than Warning Envelopes 1 
or 3 for Warning Modes 1 and 4.

[Doc. No. 28154, 60 FR 65933, Dec. 20, 1995]



     Subpart L--Maintenance, Preventive Maintenance, and Alterations

    Source: Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.361   Applicability.

    (a) Except as provided by paragraph (b) of this section, this 
subpart prescribes requirements for maintenance, preventive maintenance, 
and alternations for all certificate holders.
    (b) The Administrator may amend a certificate holder's operations 
specifications to permit deviation from

[[Page 421]]

those provisions of this subpart that would prevent the return to 
service and use of airframe components, powerplants, appliances, and 
spare parts thereof because those items have been maintained, altered, 
or inspected by persons employed outside the United States who do not 
hold U.S. airman certificates. Each certificate holder who uses parts 
under this deviation must provide for surveillance of facilities and 
practices to assure that all work performed on these parts is 
accomplished in accordance with the certificate holder's manual.

[Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]



Sec. 121.363   Responsibility for airworthiness.

    (a) Each certificate holder is primarily responsible for--
    (1) The airworthiness of its aircraft, including airframes, aircraft 
engines, propellers, appliances, and parts thereof; and
    (2) The performance of the maintenance, preventive maintenance, and 
alteration of its aircraft, including airframes, aircraft engines, 
propellers, appliances, emergency equipment, and parts thereof, in 
accordance with its manual and the regulations of this chapter.
    (b) A certificate holder may make arrangements with another person 
for the performance of any maintenance, preventive maintenance, or 
alterations. However, this does not relieve the certificate holder of 
the responsibility specified in paragraph (a) of this section.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 
38 FR 22378, Aug. 20, 1973]



Sec. 121.365   Maintenance, preventive maintenance, and alteration organization.

    (a) Each certificate holder that performs any of its maintenance 
(other than required inspections), preventive maintenance, or 
alterations, and each person with whom it arranges for the performance 
of that work must have an organization adequate to perform the work.
    (b) Each certificate holder that performs any inspections required 
by its manual in accordance with Sec. 121.369(b)(2) or (3) (in this 
subpart referred to as required inspections) and each person with whom 
it arranges for the performance of that work must have an organization 
adequate to perform that work.
    (c) Each person performing required inspections in addition to other 
maintenance, preventive maintenance, or alterations, shall organize the 
performance of those functions so as to separate the required inspection 
functions from the other maintenance, preventive maintenance, and 
alteration functions. The separation shall be below the level of 
administrative control at which overall responsibility for the required 
inspection functions and other maintenance, preventive maintenance, and 
alteration functions are exercised.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3639, Mar. 19, 1965]



Sec. 121.367   Maintenance, preventive maintenance, and alterations programs.

    Each certificate holder shall have an inspection program and a 
program covering other maintenance, preventive maintenance, and 
alterations that ensures that--
    (a) Maintenance, preventive maintenance, and alterations performed 
by it, or by other persons, are performed in accordance with the 
certificate holder's manual;
    (b) Competent personnel and adequate facilities and equipment are 
provided for the proper performance of maintenance, preventive 
maintenance, and alterations; and
    (c) Each aircraft released to service is airworthy and has been 
properly maintained for operation under this part.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 
37 FR 28053, Dec. 20, 1972]



Sec. 121.369   Manual requirements.

    (a) The certificate holder shall put in its manual a chart or 
description of the certificate holder's organization required by 
Sec. 121.365 and a list of persons with whom it has arranged for the 
performance of any of its required inspections, other maintenance, 
preventive

[[Page 422]]

maintenance, or alterations, including a general description of that 
work.
    (b) The certificate holder's manual must contain the programs 
required by Sec. 121.367 that must be followed in performing 
maintenance, preventive maintenance, and alterations of that certificate 
holder's airplanes, including airframes, aircraft engines, propellers, 
appliances, emergency equipment, and parts thereof, and must include at 
least the following:
    (1) The method of performing routine and nonroutine maintenance 
(other than required inspections), preventive maintenance, and 
alterations.
    (2) A designation of the items of maintenance and alteration that 
must be inspected (required inspections), including at least those that 
could result in a failure, malfunction, or defect endangering the safe 
operation of the aircraft, if not performed properly or if improper 
parts or materials are used.
    (3) The method of performing required inspections and a designation 
by occupational title of personnel authorized to perform each required 
inspection.
    (4) Procedures for the reinspection of work performed pursuant to 
previous required inspection findings (buy-back procedures).
    (5) Procedures, standards, and limits necessary for required 
inspections and acceptance or rejection of the items required to be 
inspected and for periodic inspection and calibration of precision 
tools, measuring devices, and test equipment.
    (6) Procedures to ensure that all required inspections are 
performed.
    (7) Instructions to prevent any person who performs any item of work 
from performing any required inspection of that work.
    (8) Instructions and procedures to prevent any decision of an 
inspector, regarding any required inspection from being countermanded by 
persons other than supervisory personnel of the inspection unit, or a 
person at that level of administrative control that has overall 
responsibility for the management of both the required inspection 
functions and the other maintenance, preventive maintenance, and 
alterations functions.
    (9) Procedures to ensure that required inspections, other 
maintenance, preventive maintenance, and alterations that are not 
completed as a result of shift changes or similar work interruptions are 
properly completed before the aircraft is released to service.
    (c) The certificate holder must set forth in its manual a suitable 
system (which may include a coded system) that provides for preservation 
and retrieval of information in a manner acceptable to the Administrator 
and that provides--
    (1) A description (or reference to data acceptable to the 
Administrator) of the work performed;
    (2) The name of the person performing the work if the work is 
performed by a person outside the organization of the certificate 
holder; and
    (3) The name or other positive identification of the individual 
approving the work.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94, 
37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973]



Sec. 121.371   Required inspection personnel.

    (a) No person may use any person to perform required inspections 
unless the person performing the inspection is appropriately 
certificated, properly trained, qualified, and authorized to do so.
    (b) No person may allow any person to perform a required inspection 
unless, at that time, the person performing that inspection is under the 
supervision and control of an inspection unit.
    (c) No person may perform a required inspection if he performed the 
item of work required to be inspected.
    (d) Each certificated holder shall maintain, or shall determine that 
each person with whom it arranges to perform its required inspections 
maintains, a current listing of persons who have been trained, 
qualified, and authorized to conduct required inspections. The persons 
must be identified by name, occupational title, and the inspections that 
they are authorized to perform. The certificated holder (or person with 
whom it arranges to perform its required inspections) shall

[[Page 423]]

give written information to each person so authorized describing the 
extent of his responsibilities, authorities, and inspectional 
limitations. The list shall be made available for inspection by the 
Administrator upon request.



Sec. 121.373   Continuing analysis and surveillance.

    (a) Each certificate holder shall establish and maintain a system 
for the continuing analysis and surveillance of the performance and 
effectiveness of its inspection program and the program covering other 
maintenance, preventive maintenance, and alterations and for the 
correction of any deficiency in those programs, regardless of whether 
those programs are carried out by the certificate holder or by another 
person.
    (b) Whenever the Administrator finds that either or both of the 
programs described in paragraph (a) of this section does not contain 
adequate procedures and standards to meet the requirements of this part, 
the certificate holder shall, after notification by the Administrator, 
make any changes in those programs that are necessary to meet those 
requirements.
    (c) A certificate holder may petition the Administrator to 
reconsider the notice to make a change in a program. The petition must 
be filed with the FAA certificate-holding district office charged with 
the overall inspection of the certificate holder's operations within 30 
days after the certificate holder receives the notice. Except in the 
case of an emergency requiring immediate action in the interest of 
safety, the filing of the petition stays the notice pending a decision 
by the Administrator.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.375   Maintenance and preventive maintenance training program.

    Each certificate holder or person performing maintenance or 
preventive maintenance functions for it shall have a training program to 
ensure that each person (including inspection personnel) who determines 
the adequacy of work done is fully informed about procedures and 
techniques and new equipment in use and is competent to perform his 
duties.



Sec. 121.377   Maintenance and preventive maintenance personnel duty time limitations.

    Within the United States, each certificate holder (or person 
performing maintenance or preventive maintenance functions for it) shall 
relieve each person performing maintenance or preventive maintenance 
from duty for a period of at least 24 consecutive hours during any seven 
consecutive days, or the equivalent thereof within any one calendar 
month.



Sec. 121.378   Certificate requirements.

    (a) Except for maintenance, preventive maintenance, alterations, and 
required inspections performed by repair stations certificated under the 
provisions of subpart C of part 145, each person who is directly in 
charge of maintenance, preventive maintenance, or alteration, and each 
person performing required inspections must hold an appropriate airman 
certificate.
    (b) For the purposes of this section, a person directly in charge is 
each person assigned to a position in which he is responsible for the 
work of a shop or station that performs maintenance, preventive 
maintenance, alterations, or other functions affecting aircraft 
airworthiness. A person who is directly in charge need not physically 
observe and direct each worker constantly but must be available for 
consultation and decision on matters requiring instruction or decision 
from higher authority than that of the persons performing the work.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-21, 
31 FR 10618, Aug. 9, 1966]



Sec. 121.379   Authority to perform and approve maintenance, preventive maintenance, and alterations.

    (a) A certificate holder may perform, or it may make arrangements 
with other persons to perform, maintenance, preventive maintenance, and 
alterations as provided in its continuous airworthiness maintenance 
program and its maintenance manual. In addition, a certificate holder 
may perform

[[Page 424]]

these functions for another certificate holder as provided in the 
continuous airworthiness maintenance program and maintenance manual of 
the other certificate holder.
    (b) A certificate holder may approve any aircraft, airframe, 
aircraft engine, propeller, or appliance for return to service after 
maintenance, preventive maintenance, or alterations that are performed 
under paragraph (a) of this section. However, in the case of a major 
repair or major alteration, the work must have been done in accordance 
with technical data approved by the Administrator.

[Doc. No. 10289, 35 FR 16793, Oct. 30, 1970]



Sec. 121.380   Maintenance recording requirements.

    (a) Each certificate holder shall keep (using the system specified 
in the manual required in Sec. 121.369) the following records for the 
periods specified in paragraph (c) of this section:
    (1) All the records necessary to show that all requirements for the 
issuance of an airworthiness release under Sec. 121.709 have been met.
    (2) Records containing the following information:
    (i) The total time in service of the airframe.
    (ii) Except as provided in paragraph (b) of this section, the total 
time in service of each engine and propeller.
    (iii) The current status of life-limited parts of each airframe, 
engine, propeller, and appliance.
    (iv) The time since last overhaul of all items installed on the 
aircraft which are required to be overhauled on a specified time basis.
    (v) The identification of the current inspection status of the 
aircraft, including the times since the last inspections required by the 
inspection program under which the aircraft and its appliances are 
maintained.
    (vi) 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.
    (vii) A list of current major alterations to each airframe, engine, 
propeller, and appliance.
    (b) A certificate holder need not record the total time in service 
of an engine or propeller on a transport category airplane that has a 
passenger seat configuration of more than 30 seats or a nontransport 
category airplane type certificated before January 1, 1958, until the 
following, whichever occurs first:
    (1) March 20, 1997; or
    (2) The date of the first overhaul of the engine or propeller, as 
applicable, after January 19, 1996.
    (c) 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, 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, 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.
    (d) The certificate holder shall make all maintenance records 
required to be kept by this section available for inspection by the 
Administrator or any authorized representative of the National 
Transportation Safety Board (NTSB).

[Doc. No. 10658, 37 FR 15983, Aug. 9, 1972, as amended by Amdt. 121-251, 
60 FR 65933, Dec. 20, 1995]



Sec. 121.380a   Transfer of maintenance records.

    Each certificate holder who sells a U.S. registered aircraft shall 
transfer to the purchaser, at the time of sale, the following records of 
that aircraft, in plain language form or in coded form at the election 
of the purchaser, if the coded form provides for the preservation and 
retrieval of information in a manner acceptable to the Administrator:
    (a) The record specified in Sec. 121.380(a)(2).

[[Page 425]]

    (b) The records specified in Sec. 121.380(a)(1) which are not 
included in the records covered by paragraph (a) of this section, except 
that the purchaser may permit the seller to keep physical custody of 
such records. However, custody of records in the seller does not relieve 
the purchaser of his responsibility under Sec. 121.380(c) to make the 
records available for inspection by the Administrator or any authorized 
representative of the National Transportation Safety Board (NTSB).

[Doc. No. 10658, 37 FR 15984, Aug. 9, 1972]



              Subpart M--Airman and Crewmember Requirements

    Source: Docket No. 6258, 29 FR 19212, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.381   Applicability.

    This subpart prescribes airman and crewmember requirements for all 
certificate holders.



Sec. 121.383   Airman: Limitations on use of services.

    (a) No certificate holder may use any person as an airman nor may 
any person serve as an airman unless that person--
    (1) Holds an appropriate current airman certificate issued by the 
FAA;
    (2) Has any required appropriate current airman and medical 
certificates in his possession while engaged in operations under this 
part; and
    (3) Is otherwise qualified for the operation for which he is to be 
used.
    (b) Each airman covered by paragraph (a)(2) of this section shall 
present either or both certificates for inspection upon the request of 
the Administrator.
    (c) No certificate holder may use the services of any person as a 
pilot on an airplane engaged in operations under this part if that 
person has reached his 60th birthday. No person may serve as a pilot on 
an airplane engaged in operations under this part if that person has 
reached his 60th birthday.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22646, May 25, 1978]



Sec. 121.385   Composition of flight crew.

    (a) No certificate holder may operate an airplane with less than the 
minimum flight crew in the airworthiness certificate or the airplane 
Flight Manual approved for that type airplane and required by this part 
for the kind of operation being conducted.
    (b) In any case in which this part requires the performance of two 
or more functions for which an airman certificate is necessary, that 
requirement is not satisfied by the performance of multiple functions at 
the same time by one airman.
    (c) The minimum pilot crew is two pilots and the certificate holder 
shall designate one pilot as pilot in command and the other second in 
command.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.387   Flight engineer.

    No certificate holder may operate an airplane for which a type 
certificate was issued before January 2, 1964, having a maximum 
certificated takeoff weight of more than 80,000 pounds without a flight 
crewmember holding a current flight engineer certificate. For each 
airplane type certificated after January 1, 1964, the requirement for a 
flight engineer is determined under the type certification requirements 
of Sec. 25.1523.

[Doc. No. 5025, 30 FR 6067, Apr. 29, 1965]



Sec. 121.389   Flight navigator and specialized navigation equipment.

    (a) No certificate holder may operate an airplane outside the 48 
contiguous States and the District of Columbia, when its position cannot 
be reliably fixed for a period of more than 1 hour, without--
    (1) A flight crewmember who holds a current flight navigator 
certificate; or
    (2) Specialized means of navigation approved in accordance with 
Sec. 121.355 which enables a reliable determination to be made of the 
position of the airplane by each pilot seated at his duty station.
    (b) Notwithstanding paragraph (a) of this section, the Administrator 
may

[[Page 426]]

also require a flight navigator or special navigation equipment, or 
both, when specialized means of navigation are necessary for 1 hour or 
less. In making this determination, the Administrator considers--
    (1) The speed of the airplane;
    (2) Normal weather conditions en route;
    (3) Extent of air traffic control;
    (4) Traffic congestion;
    (5) Area of navigational radio coverage at destination;
    (6) Fuel requirements;
    (7) Fuel available for return to point of departure or alternates;
    (8) Predication of flight upon operation beyond the point of no 
return; and
    (9) Any other factors he determines are relevant in the interest of 
safety.
    (c) Operations where a flight navigator or special navigation 
equipment, or both, are required are specified in the operations 
specifications of the air carrier or commercial operator.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982]



Sec. 121.391   Flight attendants.

    (a) Each certificate holder shall provide at least the following 
flight attendants on each passenger-carrying airplane used:
    (1) For airplanes having a maximum payload capacity of more than 
7,500 pounds and having a seating capacity of more than 9 but less than 
51 passengers--one flight attendant.
    (2) For airplanes having a maximum payload capacity of 7,500 pounds 
or less and having a seating capacity of more than 19 but less than 51 
passengers--one flight attendant.
    (3) For airplanes having a seating capacity of more than 50 but less 
than 101 passengers--two flight attendants.
    (4) For airplanes having a seating capacity of more than 100 
passengers--two flight attendants plus one additional flight attendant 
for each unit (or part of a unit) of 50 passenger seats above a seating 
capacity of 100 passengers.
    (b) If, in conducting the emergency evacuation demonstration 
required under Sec. 121.291 (a) or (b), the certificate holder used more 
flight attendants than is required under paragraph (a) of this section 
for the maximum seating capacity of the airplane used in the 
demonstration, he may not, thereafter, take off that airplane--
    (1) In its maximum seating capacity configuration with fewer flight 
attendants than the number used during the emergency evacuation 
demonstration; or
    (2) In any reduced seating capacity configuration with fewer flight 
attendants than the number required by paragraph (a) of this section for 
that seating capacity plus the number of flight attendants used during 
the emergency evacuation demonstration that were in excess of those 
required under paragraph (a) of this section.
    (c) The number of flight attendants approved under paragraphs (a) 
and (b) of this section are set forth in the certificate holder's 
operations specifications.
    (d) During takeoff and landing, flight attendants required by this 
section shall be located as near as practicable to required floor level 
exists and shall be uniformly distributed throughout the airplane in 
order to provide the most effective egress of passengers in event of an 
emergency evacuation. During taxi, flight attendants required by this 
section must remain at their duty stations with safety belts and 
shoulder harnesses fastened except to perform duties related to the 
safety of the airplane and its occupants.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 
FR 13268, Sept. 20, 1967; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 
121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 121-88, 37 FR 5606, Mar. 17, 
1972; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-176, 46 FR 
61454, Dec. 17, 1981; Amdt. 121-180, 47 FR 56463, Dec. 16, 1982; Amdt. 
121-251, 60 FR 65933, Dec. 20, 1995]



Sec. 121.393  Crewmember requirements at stops where passengers remain on board.

    At stops where passengers remain on board, the certificate holder 
must meet the following requirements:
    (a) On each airplane for which a flight attendant is not required by 
Sec. 121.391(a), the certificate holder must ensure that a person who is 
qualified in the emergency evacuation procedures for the airplane, as 
required in Sec. 121.417,

[[Page 427]]

and who is identified to the passengers, remains:
    (1) On board the airplane; or
    (2) Nearby the airplane, in a position to adequately monitor 
passenger safety, and:
    (i) The airplane engines are shut down; and
    (ii) At least one floor level exit remains open to provide for the 
deplaning of passengers.
    (b) On each airplane for which flight attendants are required by 
Sec. 121.391(a), but the number of flight attendants remaining on board 
is fewer than required by Sec. 121.391(a), the certificate holder must 
meet the following requirements:
    (1) The certificate holder shall ensure that:
    (i) The airplane engines are shut down;
    (ii) At least one floor level exit remains open to provide for the 
deplaning of passengers; and
    (iii) the number of flight attendants on board is at least half the 
number required by Sec. 121.391(a), rounded down to the next lower 
number in the case of fractions, but never fewer than one.
    (2) The certificate holder may substitute for the required flight 
attendants other persons qualified in the emergency evacuation 
procedures for that aircraft as required in Sec. 121.417, if these 
persons are identified to the passengers.
    (3) If only one flight attendant or other qualified person is on 
board during a stop, that flight attendant or other qualified person 
shall be located in accordance with the certificate holder's FAA-
approved operating procedures. If more than one flight attendant or 
other qualified person is on board, the flight attendants or other 
qualified persons shall be spaced throughout the cabin to provide the 
most effective assistance for the evacuation in case of an emergency.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.395  Aircraft dispatcher: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
provide enough qualified aircraft dispatchers at each dispatch center to 
ensure proper operational control of each flight.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



Sec. 121.397   Emergency and emergency evacuation duties.

    (a) Each certificate holder shall, for each type and model of 
airplane, assigned to each category of required crewmember, as 
appropriate, the necessary functions to be performed in an emergency or 
a situation requiring emergency evacuation. The certificate holder shall 
show those functions are realistic, can be practically accomplished, and 
will meet any reasonably anticipated emergency including the possible 
incapacitation of individual crewmembers or their inability to reach the 
passenger cabin because of shifting cargo in combination cargo-passenger 
airplanes.
    (b) The certificate holder shall describe in its manual the 
functions of each category of required crewmembers under paragraph (a) 
of this section.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30 
FR 6727, May 18, 1965]



                       Subpart N--Training Program

    Source: Doc. No. 9509, 35 FR 90, Jan. 3, 1970, unless otherwise 
noted.



Sec. 121.400   Applicability and terms used.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for establishing and maintaining a training program 
for crewmembers, aircraft dispatchers, and other operations personnel, 
and for the approval and use of training devices in the conduct of the 
program.
    (b) For the purpose of this subpart, airplane groups are as follows:
    (1) Group I. Propeller driven, including--
    (i) Reciprocating powered; and
    (ii) Turbopropeller powered.
    (2) Group II. Turbojet powered.
    (c) For the purpose of this subpart, the following terms and 
definitions apply:
    (1) Initial training. The training required for crewmembers and 
dispatchers who have not qualified and served

[[Page 428]]

in the same capacity on another airplane of the same group.
    (2) Transition training. The training required for crewmembers and 
dispatchers who have qualified and served in the same capacity on 
another airplane of the same group.
    (3) Upgrade training. The training required for crewmembers who have 
qualified and served as second in command or flight engineer on a 
particular airplane type, before they serve as pilot in command or 
second in command, respectively, on that airplane.
    (4) Differences training. The training required for crewmembers and 
dispatchers who have qualified and served on a particular type airplane, 
when the Administrator finds differences training is necessary before a 
crewmember serves in the same capacity on a particular variation of that 
airplane.
    (5) Programmed hours. The hours of training prescribed in this 
subpart which may be reduced by the Administrator upon a showing by the 
certificate holder that circumstances justify a lesser amount.
    (6) Inflight. Refers to maneuvers, procedures, or functions that 
must be conducted in the airplane.
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that provides training, 
testing, and checking under contract or other arrangement to certificate 
holders subject to the requirements of this part.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified due to 
not having met within the required period the recurrent training 
requirements of Sec. 121.427 or the proficiency check requirements of 
Sec. 121.441.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as 
amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-259, 61 
FR 34560, July 2, 1996]



Sec. 121.401   Training program: General.

    (a) Each certificate holder shall:
    (1) Establish, obtain the appropriate initial and final approval of, 
and provide, a training program that meets the requirements of this 
subpart and appendixes E and F and that insures that each crewmember, 
aircraft dispatcher, flight instructor, and check airman, and each 
person assigned duties for the carriage and handling of dangerous 
articles and magnetized materials, is adequately trained to perform his 
assigned duties.
    (2) Provide adequate ground and flight training facilities and 
properly qualified ground instructors for the training required by this 
subpart;
    (3) Provide and keep current with respect to each airplane type and, 
if applicable, the particular variations within that airplane type, 
appropriate training material, examinations, forms, instructions, and 
procedures for use in conducting the training and checks required by 
this part; and
    (4) Provide enough flight instructors, simulator instructors, and 
approved check airmen to conduct required flight training and flight 
checks, and simulator training courses permitted under this part.
    (b) Whenever a crewmember or aircraft dispatcher who is required to 
take recurrent training, a flight check, or a competence check, takes 
the check or completes the training in the calendar month before or 
after the calendar month in which that training or check is required, he 
is considered to have taken or completed it in the calendar month in 
which it was required.
    (c) Each instructor, supervisor, or check airman who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this part 
shall certify as to the proficiency and knowledge of the crewmember, 
aircraft dispatcher, flight instructor, or check airman concerned upon 
completion of that training or check. That certification shall be made a 
part of the crewmember's or dispatcher's record. When the certification 
required by this paragraph is made by an entry in a computerized 
recordkeeping system, the certifying instructor, supervisor, or check 
airman must be identified with that entry. However, the signature of the 
certifying instructor, supervisor, or check airman is not required for 
computerized entries.
    (d) Training subjects that are applicable to more than one airplane 
or crewmember position and that have

[[Page 429]]

been satisfactorily completed in connection with prior training for 
another airplane or another crewmember position, need not be repeated 
during subsequent training other than recurrent training.
    (e) A person who progresses successfully through flight training, is 
recommended by his instructor or a check airman, and successfully 
completes the appropriate flight check for a check airman or the 
Administrator, need not complete the programmed hours of flight training 
for the particular airplane. However, whenever the Administrator finds 
that 20 percent of the flight checks given at a particular training base 
during the previous 6 months under this paragraph are unsuccessful, this 
paragraph may not be used by the certificate holder at that base until 
the Administrator finds that the effectiveness of the flight training 
there has improved.

In the case of a certificate holder using a course of training permitted 
in Sec. 121.409(c), the Administrator may require the programmed hours 
of inflight training in whole or in part, until he finds the 
effectiveness of the flight training has improved as provided in 
paragraph (e) of this section.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104, 38 
FR 14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 
121-143, 43 FR 22642, May 25, 1978]



Sec. 121.402  Training program: Special rules.

    (a) Other than the certificate holder, only another certificate 
holder certificated under this part or a training center certificated 
under part 142 of this chapter is eligible under this subpart to provide 
training, testing, and checking under contract or other arrangement to 
those persons subject to the requirements of this subpart.
    (b) A certificate holder may contract with, or otherwise arrange to 
use the services of, a training center certificated under part 142 of 
this chapter to provide training, testing, and checking required by this 
part only if the training center--
    (1) Holds applicable training specifications issued under part 142 
of this chapter;
    (2) Has facilities, training equipment, and courseware meeting the 
applicable requirements of part 142 of this chapter;
    (3) Has approved curriculums, curriculum segments, and portions of 
curriculum segments applicable for use in training courses required by 
this subpart; and
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Secs. 121.411 or 121.413 to provide training, 
testing, and checking to persons subject to the requirements of this 
subpart.

[Doc. No. 26933, 61 FR 34560, July 2, 1996]



Sec. 121.403   Training program: Curriculum.

    (a) Each certificate holder must prepare and keep current a written 
training program curriculum for each type of airplane with respect to 
dispatchers and each crewmember required for that type airplane. The 
curriculum must include ground and flight training required by this 
subpart.
    (b) Each training program curriculum must include:
    (1) A list of principal ground training subjects, including 
emergency training subjects, that are provided.
    (2) A list of all the training devices mockups, systems trainers, 
procedures trainers, or other training aids that the certificate holder 
will use.
    (3) Detailed descriptions or pictorial displays of the approved 
normal, abnormal, and emergency maneuvers, procedures and functions that 
will be performed during each flight training phase or flight check, 
indicating those maneuvers, procedures and functions that are to be 
performed during the inflight portions of flight training and flight 
checks.
    (4) A list of airplane simulators or other training devices approved 
under Sec. 121.407, including approvals for particular maneuvers, 
procedures, or functions.
    (5) The programmed hours of training that will be applied to each 
phase of training.
    (6) A copy of each statement issued by the Administrator under 
Sec. 121.405(d) for reduction of programmed hours of training.

[[Page 430]]



Sec. 121.404  Compliance dates: Crew and dispatcher resource management training.

    After March 19, 1998, no certificate holder may use a person as a 
flight crewmember, and after March 19, 1999, no certificate holder may 
use a person as a flight attendant or aircraft dispatcher unless that 
person has completed approved crew resource management (CRM) or 
dispatcher resource management (DRM) initial training, as applicable, 
with that certificate holder or with another certificate holder.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]



Sec. 121.405   Training program and revision: Initial and final approval.

    (a) To obtain initial and final approval of a training program, or a 
revision to an approved training program, each certificate holder must 
submit to the Administrator--
    (1) An outline of the proposed program or revision, including an 
outline of the proposed or revised curriculum, that provides enough 
information for a preliminary evaluation of the proposed training 
program or revised training program; and
    (2) Additional relevant information as may be requested by the 
Administrator.
    (b) If the proposed training program or revision complies with this 
subpart the Administrator grants initial approval in writing after which 
the certificate holder may conduct the training in accordance with that 
program. The Administrator then evaluates the effectiveness of the 
training program and advises the certificate holder of deficiencies, if 
any, that must be corrected.
    (c) The Administrator grants final approval of the training program 
or revision if the certificate holder shows that the training conducted 
under the initial approval set forth in paragraph (b) of this section 
ensures that each person that successfully completes the training is 
adequately trained to perform his assigned duties.
    (d) In granting initial and final approval of training programs or 
revisions, including reductions in programmed hours specified in this 
subpart, the Administrator considers the training aids, devices, 
methods, and procedures listed in the certificate holder's curriculum as 
set forth in Sec. 121.403 that increase the quality and effectiveness of 
the teaching-learning process.

If approval of reduced programmed hours of training is granted, the 
Administrator provides the certificate holder with a statement of the 
basis for the approval.
    (e) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of a training program that has been granted 
final approval, the certificate holder shall, after notification by the 
Administrator, make any changes in the program that are found necessary 
by the Administrator. Within 30 days after the certificate holder 
receives such notice, it may file a petition to reconsider the notice 
with the certificate-holding district office. The filing of a petition 
to reconsider stays the notice pending a decision by the Administrator. 
However, if the Administrator finds that there is an emergency that 
requires immediate action in the interest of safety in air 
transportation, he may, upon a statement of the reasons, require a 
change effective without stay.
    (f) Each certificate holder described in Sec. 135.3 (b) and (c) of 
this chapter must include the material required by Sec. 121.403 in the 
manual required by Sec. 135.21 of this chapter.
    (g) The Administrator may grant a deviation to certificate holders 
described in Sec. 135.3 (b) and (c) of this chapter to allow reduced 
programmed hours of ground training required by Sec. 121.419 if it is 
found that a reduction is warranted based on the certificate holder's 
operations and the complexity of the make, model, and series of the 
aircraft used.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207, 54 
FR 39293, Sept. 25, 1989; Amdt. 121-250, 60 FR 65948, Dec. 20, 1995; 
Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.406  Credit for previous CRM/DRM training.

    (a) For flightcrew members, the Administrator may credit CRM 
training received before March 19, 1998 toward all or part of the 
initial ground CRM training required by Sec. 121.419.

[[Page 431]]

    (b) For flight attendants, the Administrator may credit CRM training 
received before March 19, 1999 toward all or part of the initial ground 
CRM training required by Sec. 121.421.
    (c) For aircraft dispatchers, the Administrator may credit CRM 
training received before March 19, 1999 toward all or part of the 
initial ground CRM training required by Sec. 121.422.
    (d) In granting credit for initial ground CRM or DRM training, the 
Administrator considers training aids, devices, methods, and procedures 
used by the certificate holder in a voluntary CRM or DRM program or in 
an AQP program that effectively meets the quality of an approved CRM or 
DRM initial ground training program under section 121.419, 121.421, or 
121.422 as appropriate.

[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995]



Sec. 121.407   Training program: Approval of airplane simulators and other training devices.

    (a) Each airplane simulator and other training device that is used 
in a training course permitted under Sec. 121.409, in checks required 
under subpart O of this part or as permitted in appendices E and F to 
this part must:
    (1) Be specifically approved for--
    (i) The certificate holder;
    (ii) The type airplane and, if applicable, the particular variation 
within type, for which the training or check is being conducted; and
    (iii) The particular maneuver, procedure, or crewmember function 
involved.
    (2) Maintain the performance, functional, and other characteristics 
that are required for approval.
    (3) Be modified to conform with any modification to the airplane 
being simulated that results in changes to performance, functional, or 
other characteristics required for approval.
    (4) Be given a daily functional preflight check before being used.
    (5) Have a daily discrepancy log kept with each discrepancy entered 
in that log by the appropriate instructor or check airman at the end of 
each training or check flight.
    (b) A particular airplane simulator or other training device may be 
approved for use by more than one certificate holder.
    (c) An airplane simulator may be used instead of the airplane to 
satisfy the in-flight requirements of Secs. 121.439 and 121.441 and 
appendices E and F of this part, if the simulator--
    (1) Is approved under this section and meets the appropriate 
simulator requirements of appendix H of this part; and
    (2) Is used as part of an approved program that meets the training 
requirements of Sec. 121.424 (a) and (c) and appendix H of this part.
    (d) An airplane simulator approved under this section must be used 
instead of the airplane to satisfy the pilot flight training 
requirements prescribed in the certificate holder's approved low-
altitude windshear flight training program set forth in Sec. 121.409(d) 
of this part.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161, 45 
FR 44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988]



Sec. 121.409   Training courses using airplane simulators and other training devices.

    (a) Training courses utilizing airplane simulators and other 
training devices may be included in the certificate holder's approved 
training program for use as provided in this section.
    (b) A course of training in an airplane simulator may be included 
for use as provided in Sec. 121.441 if that course--
    (1) Provides at least 4 hours of training at the pilot controls of 
an airplane simulator as well as a proper briefing before and after the 
training;
    (2) Provides training in at least the procedures and maneuvers set 
forth in appendix F to this part; or
    (3) Provides line-oriented training that--
    (i) Utilizes a complete flight crew;
    (ii) Includes at least the maneuvers and procedures (abnormal and 
emergency) that may be expected in line operations;
    (iii) Is representative of the flight segment appropriate to the 
operations being conducted by the certificate holder; and

[[Page 432]]

    (4) Is given by an instructor who meets the applicable requirements 
of Sec. 121.411.

The satisfactory completion of the course of training must be certified 
by either the Administrator or a qualified check airman.
    (c) The programmed hours of flight training set forth in this 
subpart do not apply if the training program for the airplane type 
includes--
    (1) A course of pilot training in an airplane simulator as provided 
in Sec. 121.424(d); or
    (2) A course of flight engineer training in an airplane simulator or 
other training device as provided in Sec. 121.425(c).
    (d) Each certificate holder required to comply with Sec. 121.358 of 
this part must use an approved simulator for each airplane type in each 
of its pilot training courses that provides training in at least the 
procedures and maneuvers set forth in the certificate holder's approved 
low-altitude windshear flight training program. The approved low-
altitude windshear flight training, if applicable, must be included in 
each of the pilot flight training courses prescribed in 
Secs. 121.409(b), 121.418, 121.424, and 121.427 of this part.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt. 
121-199, 53 FR 37696, Sept. 27, 1988]



Sec. 121.411  Qualifications: Check airmen (airplane) and check airmen (simulator).

    (a) For the purposes of this section and Sec. 121.413:
    (1) A check airman (airplane) is a person who is qualified, and 
permitted, to conduct flight checks or instruction in an airplane, in a 
flight simulator, or in a flight training device for a particular type 
airplane.
    (2) A check airman (simulator) is a person who is qualified to 
conduct flight checks or instruction, but only in a flight simulator or 
in a flight training device for a particular type airplane.
    (3) Check airmen (airplane) and check airmen (simulator) are those 
check airmen who perform the functions described in Sec. 121.401(a)(4).
    (b) No certificate holder may use a person, nor may any person serve 
as a check airman (airplane) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person--
    (1) Holds the airman certificates and ratings required to serve as a 
pilot in command, a flight engineer, or a flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.413 including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving as 
a required crewmember, in which case holds a Class I or Class II medical 
certificate as appropriate;
    (6) Has satisfied the recency of experience requirements of 
Sec. 121.439; and
    (7) Has been approved by the Administrator for the check airman 
duties involved.
    (c) No certificate holder may use a person nor may any person serve 
as a check airman (simulator) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight engineer, 
or a flight navigator, as applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight

[[Page 433]]

navigator in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator in operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.413; and
    (5) Has been approved by the Administrator for the check airman 
(simulator) duties involved.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Check airmen who have reached their 60th birthday or who do not 
hold an appropriate medical certificate may function as check airmen, 
but may not serve as pilot flightcrew members in operations under this 
part.
    (f) A check airman (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type airplane involved within the 12-month period preceding the 
performance of any check airman duty in a flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered to be completed in the 
month required if completed in the calendar month before or in the 
calendar month after the month in which it is due.

[Doc. No. 28471, 61 FR 30741, June 17, 1996]



Sec. 121.412  Qualifications: Flight instructors (airplane) and flight instructors (simulator).

    (a) For the purposes of this section and Sec. 121.414:
    (1) A flight instructor (airplane) is a person who is qualified to 
instruct in an airplane, in a flight simulator, or in a flight training 
device for a particular type airplane.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct, but only in a flight simulator, in a flight training device, 
or both, for a particular type airplane.
    (3) Flight instructors (airplane) and flight instructors (simulator) 
are those instructors who perform the functions described in 
Sec. 121.401(a)(4).
    (b) No certificate holder may use a person nor may any person serve 
as a flight instructor (airplane) in a training program established 
under this subpart unless, with respect to the airplane type involved, 
that person--
    (1) Holds the airman certificates and rating required to serve as a 
pilot in command, a flight engineer, or a flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414, including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving as 
a required crewmember, in which case holds a Class I or a Class II 
medical certificate as appropriate.
    (6) Has satisfied the recency of experience requirements of 
Sec. 121.439.
    (c) No certificate holder may use a person, nor may any person serve 
as a flight instructor (simulator) in a training program established 
under this subpart, unless, with respect to the airplane type involved, 
that person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight engineer, 
or a flight navigator, as applicable, in operations under this part 
except before February 19, 1997

[[Page 434]]

that person need not hold a type rating for the airplane type involved 
provided that he or she only provides the instruction described in 
Secs. 121.409(b) and 121.441;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section as applicable shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Airmen who have reached their 60th birthday, or who do not hold 
an appropriate medical certificate, may not function as a flight 
instructor (airplane), nor may they serve as pilot flightcrew members in 
operations under this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane within the 12-month period preceding the 
performance of any flight instructor duty in a flight simulator (and 
must hold a Class I or Class II medical certificate as appropriate); or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section is considered completed in the month 
required if completed in the calendar month before, or the calendar 
month after the month in which it is due.

[Doc. No. 28471, 61 FR 30742, June 17, 1996; 61 FR 34927, July 3, 1996]



Sec. 121.413  Initial and transition training and checking requirements: Check airmen (airplane), check airmen (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a check airman unless--
    (1) That person has satisfactorily completed initial or transition 
check airman training; and
    (2) Within the preceding 24 calendar months that person 
satisfactorily conducts a proficiency or competency check under the 
observation of an FAA inspector or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, the 
month in which it is due.
    (c) The initial ground training for check airmen must include the 
following:
    (1) Check airman duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The appropriate corrective action in the case of unsatisfactory 
checks.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the airplane.
    (d) The transition ground training for check airmen must include the 
approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
airplane to

[[Page 435]]

which the check airman is in transaction.
    (e) The initial and transition flight training for pilot check 
airmen (airplane), flight engineer check airmen (airplane), and flight 
navigator check airmen (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during a check.
    (2) The potential results of improper, untimely, or non-execution of 
safety measures during a check.
    (3) For pilot check airman (airplane)--
    (i) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during a check.
    (4) For flight engineer check airmen (airplane) and flight navigator 
check airmen (airplane), training to ensure competence to perform 
assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for check airmen 
(simulator) must include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure competence 
to conduct the flight checks required by this part. This training and 
practice must be accomplished in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators or flight 
training devices, or both, to ensure competence to conduct the flight 
checks required by this part.

[Doc. No. 28471, 61 FR 30743, June 17, 1996]



Sec. 121.414  Initial and transition training and checking requirements: flight instructors (airplane), flight instructors (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a flight instructor unless--
    (1) That person has satisfactorily completed initial or transition 
flight instructor training; and
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check airman, or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, the 
month in which it is due.
    (c) The initial ground training for flight instructors must include 
the following:
    (1) Flight instructor duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting flight instruction.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory training 
progress.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the airplane.
    (7) Except for holders of a flight instructor certificate--
    (i) The fundamental principles of the teaching-learning process;

[[Page 436]]

    (ii) Teaching methods and procedures; and
    (iii) The instructor-student relationship.
    (d) The transition ground training for flight instructors must 
include the approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures applicable to 
the airplane to which the flight instructor is in transition.
    (e) The initial and transition flight training for flight 
instructors (airplane), flight engineer instructors (airplane), and 
flight navigator instructors (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during instruction.
    (2) The potential results of improper, untimely, or non-execution of 
safety measures during instruction.
    (3) For pilot flight instructor (airplane)--
    (i) In-flight training and practice in conducting flight instruction 
from the left and right pilot seats in the required normal, abnormal, 
and emergency procedures to ensure competence as an instructor; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during instruction.
    (4) For flight engineer instructors (airplane) and flight navigator 
instructors (airplane), in-flight training to ensure competence to 
perform assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for flight 
instructors (simulator) must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. This training and practice must be 
accomplished in full or in part in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators or flight 
training devices, or both, to ensure competence to conduct the flight 
instruction required by this part.

[Doc. No. 28471, 61 FR 30743, June 17, 1996]



Sec. 121.415   Crewmember and dispatcher training requirements.

    (a) Each training program must provide the following ground training 
as appropriate to the particular assignment of the crewmember or 
dispatcher:
    (1) Basic indoctrination ground training for newly hired crewmembers 
or dispatchers including 40 programmed hours of instruction, unless 
reduced under Sec. 121.405 or as specified in Sec. 121.401(d), in at 
least the following--
    (i) Duties and responsibilities of crewmembers or dispatchers, as 
applicable;
    (ii) Appropriate provisions of the Federal Aviation Regulations;
    (iii) Contents of the certificate holder's operating certificate and 
operations specifications (not required for flight attendants); and
    (iv) Appropriate portions of the certificate holder's operating 
manual.
    (2) The initial and transition ground training specified in 
Secs. 121.419 through 121.422, as applicable.
    (3) Emergency training as specified in Sec. 121.417 (not required 
for dispatchers).
    (b) Each training program must provide the flight training specified 
in Secs. 121.424 through 121.426, as applicable.
    (c) Each training program must provide recurrent ground and flight 
training as provided in Sec. 121.427.
    (d) Each training program must provide the differences training 
specified in Sec. 121.418 if the Administrator finds that, due to 
differences between airplanes of the same type operated by the 
certificate holder, additional training is necessary to insure that each 
crewmember and dispatcher is adequately trained to perform his assigned 
duties.
    (e) Upgrade training as specified in Secs. 121.419 and 121.424 for a 
particular type airplane may be included in the training program for 
crewmembers who have qualified and served as second in command pilot or 
flight engineer on that airplane.
    (f) Particular subjects, maneuvers, procedures, or parts thereof 
specified in Secs. 121.419 through 121.425 for transition

[[Page 437]]

or upgrade training, as applicable, may be omitted, or the programmed 
hours of ground instruction or inflight training may be reduced, as 
provided in Sec. 121.405.
    (g) In addition to initial, transition, upgrade, recurrent and 
differences training, each training program must also provide ground and 
flight training, instruction, and practice as necessary to insure that 
each crewmember and dispatcher--
    (1) Remains adequately trained and currently proficient with respect 
to each airplane, crewmember position, and type of operation in which he 
serves; and
    (2) Qualifies in new equipment, facilities, procedures, and 
techniques, including modifications to airplanes.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976]



Sec. 121.417   Crewmember emergency training.

    (a) Each training program must provide the emergency training set 
forth in this section with respect to each airplane type, model, and 
configuration, each required crewmember, and each kind of operation 
conducted, insofar as appropriate for each crewmember and the 
certificate holder.
    (b) Emergency training must provide the following:
    (1) Instruction in emergency assignments and procedures, including 
coordination among crewmembers.
    (2) Individual instruction in the location, function, and operation 
of emergency equipment including--
    (i) Equipment used in ditching and evacuation;
    (ii) First aid equipment and its proper use;
    (iii) Portable fire extinguishers, with emphasis on type of 
extinguisher to be used on different classes of fires; and
    (iv) Emergency exits in the emergency mode with the evacuation 
slide/raft pack attached (if applicable), with training emphasis on the 
operation of the exits under adverse conditions.
    (3) Instruction in the handling of emergency situations including--
    (i) Rapid decompression;
    (ii) Fire in flight or on the surface, and smoke control procedures 
with emphasis on electrical equipment and related circuit breakers found 
in cabin areas including all galleys, service centers, lifts, lavatories 
and movie screens;
    (iii) Ditching and other evacuation, including the evacuation of 
persons and their attendants, if any, who may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency.
    (iv) Illness, injury, or other abnormal situations involving 
passengers or crewmembers to include familiarization with the emergency 
medical kit; and
    (v) Hijacking and other unusual situations.
    (4) Review and discussion of previous aircraft accidents and 
incidents pertaining to actual emergency situations.
    (c) Each crewmember must accomplish the following emergency training 
during the specified training periods, using those items of installed 
emergency equipment for each type of airplane in which he or she is to 
serve (Alternate recurrent training required by Sec. 121.433(c) of this 
part may be accomplished by approved pictorial presentation or 
demonstration):
    (1) One-time emergency drill requirements to be accomplished during 
initial training. Each crewmember must perform--
    (i) At least one approved protective breathing equipment (PBE) drill 
in which the crewmember combats an actual or simulated fire using at 
least one type of installed hand fire extinguisher or approved fire 
extinguisher that is appropriate for the type of actual fire or 
simulated fire to be fought while using the type of installed PBE 
required by Sec. 121.337 or approved PBE simulation device as defined by 
paragraph (d) of this section for combatting fires aboard airplanes;
    (ii) At least one approved firefighting drill in which the 
crewmember combats an actual fire using at least one type of installed 
hand fire extinguisher or approved fire extinguisher that is appropriate 
for the type of fire to be fought. This firefighting drill is not 
required if the crewmember performs the PBE drill of paragraph (c)(1)(i) 
by combating an actual fire; and

[[Page 438]]

    (iii) An emergency evacuation drill with each person egressing the 
airplane or approved training device using at least one type of 
installed emergency evacuation slide. The crewmember may either observe 
the airplane exits being opened in the emergency mode and the associated 
exit slide/raft pack being deployed and inflated, or perform the tasks 
resulting in the accomplishment of these actions.
    (2) Additional emergency drill requirements to be accomplished 
during initial training and once each 24 calendar months during 
recurrent training. Each crewmember must--
    (i) Perform the following emergency drills and operate the following 
equipment:
    (A) Each type of emergency exit in the normal and emergency modes, 
including the actions and forces required in the deployment of the 
emergency evacuation slides;
    (B) Each type of installed hand fire extinguisher;
    (C) Each type of emergency oxygen system to include protective 
breathing equipment;
    (D) Donning, use, and inflation of individual flotation means, if 
applicable; and
    (E) Ditching, if applicable, including but not limited to, as 
appropriate:
    (1) Cockpit preparation and procedures;
    (2) Crew coordination;
    (3) Passenger briefing and cabin preparation;
    (4) Donning and inflation of life preservers;
    (5) Use of life-lines; and
    (6) Boarding of passengers and crew into raft or a slide/raft pack.
    (ii) Observe the following drills:
    (A) Removal from the airplane (or training device) and inflation of 
each type of life raft, if applicable;
    (B) Transfer of each type of slide/raft pack from one door to 
another;
    (C) Deployment, inflation, and detachment from the airplane (or 
training device) of each type of slide/raft pack; and
    (D) Emergency evacuation including the use of a slide.
    (d) After September 1, 1993, no crewmember may serve in operations 
under this part unless that crewmember has performed the PBE drill and 
the firefighting drill described by paragraphs (c)(1)(i) and (c)(1)(ii) 
of this section, as part of a one-time training requirement of 
paragraphs (c)(1) or (c)(2) of this section as appropriate. Any 
crewmember who performs the PBE drill and the firefighting drill 
prescribed in paragraphs (c)(1)(i) and (c)(1)(ii) of this section after 
May 26, 1987, is deemed to be in compliance with this regulation upon 
presentation of information or documentation, in a form and manner 
acceptable to the Director, Flight Standards Service, showing that the 
appropriate drills have been accomplished.
    (e) Crewmembers who serve in operations above 25,000 feet must 
receive instruction in the following:
    (1) Respiration.
    (2) Hypoxia.
    (3) Duration of consciousness without supplemental oxygen at 
altitude.
    (4) Gas expansion.
    (5) Gas bubble formation.
    (6) Physical phenomena and incidents of decompression.
    (f) For the purposes of this section the following definitions 
apply:
    (1) Actual fire means an ignited combustible material, in controlled 
conditions, of sufficient magnitude and duration to accomplish the 
training objectives outlined in paragraphs (c)(1)(i) and (c)(1)(ii) of 
this section.
    (2) Approved fire extinguisher means a training device that has been 
approved by the Administrator for use in meeting the training 
requirements of Sec. 121.417(c).
    (3) Approved PBE simulation device means a training device that has 
been approved by the Administrator for use in meeting the training 
requirements of Sec. 121.417(c).
    (4) Combats, in this context, means to properly fight an actual or 
simulated fire using an appropriate type of fire extinguisher until that 
fire is extinguished.
    (5) Observe means to watch without participating actively in the 
drill.
    (6) PBE drill means an emergency drill in which a crewmember 
demonstrates the proper use of protective breathing equipment while 
fighting an actual or simulated fire.

[[Page 439]]

    (7) Perform means to satisfactorily accomplish a prescribed 
emergency drill using established procedures that stress the skill of 
the persons involved in the drill.
    (8) Simulated fire means an artificial duplication of smoke or flame 
used to create various aircraft firefighting scenarios, such as 
lavatory, galley oven, and aircraft seat fires.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970]

    Editorial Note: For Federal Register citations affecting 
Sec. 121.417, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 121.418   Differences training: Crewmembers and dispatchers.

    (a) Differences training for crewmembers and dispatchers must 
consist of at least the following as applicable to their assigned duties 
and responsibilities:
    (1) Instruction in each appropriate subject or part thereof required 
for initial ground training in the airplane unless the Administrator 
finds that particular subjects are not necessary.
    (2) Flight training in each appropriate maneuver or procedure 
required for initial flight training in the airplane unless the 
Administrator finds that particular maneuvers or procedures are not 
necessary.
    (3) The number of programmed hours of ground and flight training 
determined by the Administrator to be necessary for the airplane, the 
operation, and the crewmember or aircraft dispatcher involved.

Differences training for all variations of a particular type airplane 
may be included in initial, transition, upgrade, and recurrent training 
for the airplane.



Sec. 121.419   Pilots and flight engineers: Initial, transition, and upgrade ground training.

    (a) Initial, transition, and upgrade ground training for pilots and 
flight engineers must include instruction in at least the following as 
applicable to their assigned duties:
    (1) General subjects--
    (i) The certificate holder's dispatch or flight release procedures;
    (ii) Principles and methods for determining weight and balance, and 
runway limitations for takeoff and landing;
    (iii) Enough meteorology to insure a practical knowledge of weather 
phenomena, including the principles of frontal systems, icing, fog, 
thunderstorms, and high altitude weather situations;
    (iv) Air traffic control systems, procedures, and phraseology;
    (v) Navigation and the use of navigation aids, including instrument 
approach procedures;
    (vi) Normal and emergency communication procedures;
    (vii) Visual cues prior to and during descent below DH or MDA;
    (viii) Approved crew resource management initial training; and
    (ix) Other instructions as necessary to ensure his competence.
    (2) For each airplane type--
    (i) A general description;
    (ii) Performance characteristics;
    (iii) Engines and propellers;
    (iv) Major components;
    (v) Major airplane systems (i.e., flight controls, electrical, 
hydraulic); other systems as appropriate; principles of normal, 
abnormal, and emergency operations; appropriate procedures and 
limitations;
    (vi) Procedures for--
    (A) Recognizing and avoiding severe weather situations;
    (B) Escaping from severe weather situations, in case of inadvertent 
encounters, including low-altitude windshear, and
    (C) Operating in or near thunderstorms (including best penetrating 
altitudes), turbulent air (including clear air turbulence), icing, hail, 
and other potentially hazardous meteorological conditions;
    (vii) Operating limitations;
    (viii) Fuel consumption and cruise control;
    (ix) Flight planning;
    (x) Each normal and emergency procedure; and
    (xi) The approved Airplane Flight Manual.
    (b) Initial ground training for pilots and flight engineers must 
consist of at least the following programmed hours of instruction in the 
required subjects

[[Page 440]]

specified in paragraph (a) of this section and in Sec. 121.415(a) unless 
reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 64 hours; and
    (ii) Turbopropeller powered, 80 hours.
    (2) Group II airplanes, 120 hours.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 
FR 37696, Sept. 27, 1988; Amdt. 121-250, 60 FR 65949, Dec. 20, 1995]



Sec. 121.420   Flight navigators: Initial and transition ground training.

    (a) Initial and transition ground training for flight navigators 
must include instruction in the subjects specified in Sec. 121.419(a) as 
appropriate to his assigned duties and responsibilities and in the 
following with respect to the particular type airplane:
    (1) Limitations on climb, cruise, and descent speeds.
    (2) Each item of navigational equipment installed including 
appropriate radio, radar, and other electronic equipment.
    (3) Airplane performance.
    (4) Airspeed, temperature, and pressure indicating instruments or 
systems.
    (5) Compass limitations and methods of compensation.
    (6) Cruise control charts and data, including fuel consumption 
rates.
    (7) Any other instruction as necessary to ensure his competence.
    (b) Initial ground training for flight navigators must consist of at 
least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) unless 
reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 16 hours; and
    (ii) Turbopropeller powered; 32 hours.
    (2) Group II airplanes, 32 hours.



Sec. 121.421   Flight attendants: Initial and transition ground training.

    (a) Initial and transition ground training for flight attendants 
must include instruction in at least the following:
    (1) General subjects--
    (i) The authority of the pilot in command;
    (ii) Passenger handling, including the procedures to be followed in 
the case of deranged persons or other persons whose conduct might 
jeopardize safety; and
    (iii) Approved crew resource management initial training.
    (2) For each airplane type--
    (i) A general description of the airplane emphasizing physical 
characteristics that may have a bearing on ditching, evacuation, and 
inflight emergency procedures and on other related duties;
    (ii) The use of both the public address system and the means of 
communicating with other flight crewmembers, including emergency means 
in the case of attempted hijacking or other unusual situations; and
    (iii) Proper use of electrical galley equipment and the controls for 
cabin heat and ventilation.
    (b) Initial and transition ground training for flight attendants 
must include a competence check to determine ability to perform assigned 
duties and responsibilities.
    (c) Initial ground training for flight attendants must consist of at 
least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) unless 
reduced under Sec. 121.405.
    (1) Group I airplanes--
    (i) Reciprocating powered, 8 hours; and
    (ii) Turbopropeller powered, 8 hours.
    (2) Group II airplanes, 16 hours.

[Doc No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-250, 60 
FR 65949, Dec. 20, 1995]



Sec. 121.422   Aircraft dispatchers: Initial and transition ground training.

    (a) Initial and transition ground training for aircraft dispatchers 
must include instruction in at least the following:
    (1) General subjects--
    (i) Use of communications systems including the characteristics of 
those systems and the appropriate normal and emergency procedures;
    (ii) Meteorology, including various types of meteorological 
information

[[Page 441]]

and forecasts, interpretation of weather data (including forecasting of 
en route and terminal temperatures and other weather conditions), 
frontal systems, wind conditions, and use of actual and prognostic 
weather charts for various altitudes;
    (iii) The NOTAM system;
    (iv) Navigational aids and publications;
    (v) Joint dispatcher-pilot responsibilities;
    (vi) Characteristics of appropriate airports;
    (vii) Prevailing weather phenomena and the available sources of 
weather information;
    (viii) Air traffic control and instrument approach procedures; and
    (ix) Approved dispatcher resource management (DRM) initial training.
    (2) For each airplane--
    (i) A general description of the airplane emphasizing operating and 
performance characteristics, navigation equipment, instrument approach 
and communication equipment, emergency equipment and procedures, and 
other subjects having a bearing on dispatcher duties and 
responsibilities;
    (ii) Flight operation procedures including procedures specified in 
Sec. 121.419(a)(2)(vi);
    (iii) Weight and balance computations;
    (iv) Basic airplane performance dispatch requirements and 
procedures;
    (v) Flight planning including track selection, flight time analysis, 
and fuel requirements; and
    (vi) Emergency procedures.
    (3) Emergency procedures must be emphasized, including the alerting 
of proper governmental, company, and private agencies during emergencies 
to give maximum help to an airplane in distress.
    (b) Initial and transition ground training for aircraft dispatchers 
must include a competence check given by an appropriate supervisor or 
ground instructor that demonstrates knowledge and ability with the 
subjects set forth in paragraph (a) of this section.
    (c) Initial ground training for aircraft dispatchers must consist of 
at least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) unless 
reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 30 hours; and
    (ii) Turbopropeller powered, 40 hours.
    (2) Group II airplanes, 40 hours.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-250, 60 
FR 65949, Dec. 20, 1995]



Sec. 121.424   Pilots: Initial, transition, and upgrade flight training.

    (a) Initial, transition, and upgrade training for pilots must 
include flight training and practice in the maneuvers and procedures set 
forth in the certificate holder's approved low-altitude windshear flight 
training program and in appendix E to this part, as applicable.
    (b) The maneuvers and procedures required by paragraph (a) of this 
section must be performed inflight except--
    (1) That windshear maneuvers and procedures must be performed in a 
simulator in which the maneuvers and procedures are specifically 
authorized to be accomplished; and
    (2) To the extent that certain other maneuvers and procedures may be 
performed in an airplane simulator, an appropriate training device, or a 
static airplane as permitted in appendix E to this part.
    (c) Except as permitted in paragraph (d) of this section, the 
initial flight training required by paragraph (a) of this section must 
include at least the following programmed hours of inflight training and 
practice unless reduced under Sec. 121.405;
    (1) Group I airplanes--
    (i) Reciprocating powered. Pilot in command, 10 hours; second in 
command, 6 hours; and
    (ii) Turbopropeller powered. Pilot in command, 15 hours; second in 
command, 7 hours.
    (2) Group II airplanes. Pilot in command, 20 hours; second in 
command, 10 hours.
    (d) If the certificate holder's approved training program includes a 
course of training utilizing an airplane simulator under Sec. 121.409 
(c) and (d) of this part, each pilot must successfully complete--

[[Page 442]]

    (1) With respect to Sec. 121.409(c) of this part--
    (i) Training and practice in the simulator in at least all of the 
maneuvers and procedures set forth in appendix E to this part for 
initial flight training that are capable of being performed in an 
airplane simulator without a visual system; and
    (ii) A flight check in the simulator or the airplane to the level of 
proficiency of a pilot in command or second in command, as applicable, 
in at least the maneuvers and procedures set forth in appendix F to this 
part that are capable of being performed in an airplane simulator 
without a visual system.
    (2) With respect to Sec. 121.409(d) of this part, training and 
practice in at least the maneuvers and procedures set forth in the 
certificate holder's approved low-altitude windshear flight training 
program that are capable of being performed in an airplane simulator in 
which the maneuvers and procedures are specifically authorized.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 
FR 37697, Sept. 27, 1988]



Sec. 121.425   Flight engineers: Initial and transition flight training.

    (a) Initial and transition flight training for flight engineers must 
include at least the following:
    (1) Training and practice in procedures related to the carrying out 
of flight engineer duties and functions. This training and practice may 
be accomplished either inflight, in an airplane simulator, or in a 
training device.
    (2) A flight check that includes--
    (i) Preflight inspection;
    (ii) Inflight performance of assigned duties accomplished from the 
flight engineer station during taxi, runup, takeoff, climb, cruise, 
descent, approach, and landing;
    (iii) Accomplishment of other functions, such as fuel management and 
preparation of fuel consumption records, and normal and emergency or 
alternate operation of all airplane flight systems, performed either 
inflight, in an airplane simulator, or in a training device.

Flight engineers possessing a commercial pilot certificate with an 
instrument, category and class rating, or pilots already qualified as 
second in command and reverting to flight engineer, may complete the 
entire flight check in an approved airplane simulator.
    (b) Except as permitted in paragraph (c) of this section, the 
initial flight training required by paragraph (a) of this section must 
include at least the same number of programmed hours of flight training 
and practice that are specified for a second in command pilot under 
Sec. 121.424(c) unless reduced under Sec. 121.405.
    (c) If the certificate holder's approved training program includes a 
course of training utilizing an airplane simulator or other training 
device under Sec. 121.409(c), each flight engineer must successfully 
complete in the simulator or other training device--
    (1) Training and practice in at least all of the assigned duties, 
procedures, and functions required by paragraph (a) of this section; and
    (2) A flight check to a flight engineer level of proficiency in the 
assigned duties, procedures, and functions.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-144, 43 
FR 22647, May 25, 1978]



Sec. 121.426   Flight navigators: Initial and transition flight training.

    (a) Initial and transition flight training for flight navigators 
must include flight training and a flight check that are adequate to 
insure his proficiency in the performance of his assigned duties.
    (b) The flight training and checks specified in paragraph (a) of 
this section must be performed--
    (1) Inflight or in an appropriate training device; or
    (2) In operations under this part if performed under supervision of 
a qualified flight navigator.



Sec. 121.427   Recurrent training.

    (a) Recurrent training must ensure that each crew member or 
dispatcher is adequately trained and currently proficient with respect 
to the type airplane (including differences training, if applicable) and 
crewmember position involved.

[[Page 443]]

    (b) Recurrent ground training for crewmembers and dispatchers must 
include at least the following:
    (1) A quiz or other review to determine the state of the 
crewmember's or dispatcher's knowledge with respect to the airplane and 
position involved.
    (2) Instruction as necessary in the subjects required for initial 
ground training by Sec. 121.415(a), as appropriate, including emergency 
training (not required for aircraft dispatchers).
    (3) For flight attendants and dispatchers, a competence check as 
required by Secs. 121.421(b) and 121.422(b), respectively.
    (4) Approved recurrent CRM training. For flight crewmembers, this 
training or portions thereof may be accomplished during an approved 
simulator line operational flight training (LOFT) session. The recurrent 
CRM training requirement does not apply until a person has completed the 
applicable initial CRM training required by Secs. 121.419, 121.421, or 
121.422.
    (c) Recurrent ground training for crewmembers and dispatchers must 
consist of at least the following programmed hours unless reduced under 
Sec. 121.405:
    (1) For pilots and flight engineers--
    (i) Group I, reciprocating powered airplanes, 16 hours;
    (ii) Group I turbopropeller powered airplanes, 20 hours; and
    (iii) Group II airplanes, 25 hours.
    (2) For flight navigators--
    (i) Group I reciprocating powered airplanes, 12 hours;
    (ii) Group I turbopropeller powered airplanes, 16 hours; and
    (iii) Group II airplanes, 16 hours.
    (3) For flight attendants--
    (i) Group I reciprocating powered airplanes, 4 hours;
    (ii) Group I turbopropeller powered airplanes, 5 hours; and
    (iii) Group II airplanes, 12 hours.
    (4) For aircraft dispatchers--
    (i) Group I reciprocating powered airplanes, 8 hours;
    (ii) Group I turbopropeller powered airplanes, 10 hours; and
    (iii) Group II airplanes, 20 hours.
    (d) Recurrent flight training for flight crewmembers must include at 
least the following:
    (1) For pilots, flight training in an approved simulator in 
maneuvers and procedures set forth in the certificate holder's approved 
low-altitude windshear flight training program and flight training in 
maneuvers and procedures set forth in appendix F to this part, or in a 
flight training program approved by the Administrator, except as 
follows--
    (i) The number of programmed inflight hours is not specified; and
    (ii) Satisfactory completion of a proficiency check may be 
substituted for recurrent flight training as permitted in 
Sec. 121.433(c).
    (2) For flight engineers, flight training as provided by 
Sec. 121.425(a) except as follows--
    (i) The specified number of inflight hours is not required; and
    (ii) The flight check, other than the preflight inspection, may be 
conducted in an airplane simulator or other training device. The 
preflight inspection may be conducted in an airplane, or by using an 
approved pictorial means that realistically portrays the location and 
detail or preflight inspection items and provides for the portrayal of 
abnormal conditions. Satisfactory completion of an approved line-
oriented simulator training program may be substituted for the flight 
check.
    (3) For flight navigators, enough inflight training and an inflight 
check to insure competency with respect to operating procedures and 
navigation equipment to be used and familiarity with essential 
navigation information pertaining to the certificate holder's routes 
that require a flight navigator.

[Doc. No. 9509, 35 FR 90, Jan. 30, 1970, as amended by Amdt. 121-80, 36 
FR 19362, Oct. 5, 1971; Amdt. 121-144, 43 FR 22647, May 25, 1978; 
Amdt.121-199, 53 FR 37697, Sept. 27, 1988; Amdt. 121-250, 60 FR 65949, 
Dec. 20, 1995]



Sec. 121.429  Prohibited drugs.

    (a) Each certificate holder shall provide each employee performing a 
function listed in appendix I to this part and his or her supervisor 
with the training specified in that appendix.
    (b) No certificate holder may use any contractor to perform a 
function listed in appendix I to this part unless that contractor 
provides each of its employees performing that function for the

[[Page 444]]

certificate holder and his or her supervisor with the training specified 
in that appendix.

[Doc. No. 25148, 53 FR 47057, Nov. 21, 1988]



                  Subpart O--Crewmember Qualifications



Sec. 121.431   Applicability.

    (a) This subpart:
    (1) Prescribes crewmember qualifications for all certificate holders 
except where otherwise specified. The qualification requirements of this 
subpart also apply to each certificate holder that conducts commuter 
operations under part 135 of this chapter with airplanes for which two 
pilots are required by the aircraft type certification rules of this 
chapter. The Administrator may authorize any other certificate holder 
that conducts operations under part 135 of this chapter to comply with 
the training and qualification requirements of this subpart instead of 
subparts E, G, and H of part 135 of this chapter, except that these 
certificate holders may choose to comply with the operating experience 
requirements of Sec. 135.344 of this chapter, instead of the 
requirements of Sec. 121.434; and
    (2) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Secs. 121.411 and 121.413 to 
provide training, testing and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.
    (b) For the purpose of this subpart, the airplane groups and terms 
and definitions prescribed in Sec. 121.400 and the following definitions 
apply:
    Consolidation is the process by which a person through practice and 
practical experience increases proficiency in newly acquired knowledge 
and skills.
    Line operating flight time is flight time performed in operations 
under this part.
    Operating cycle is a complete flight segment consisting of a 
takeoff, climb, enroute portion, descent, and a landing.

[Doc. No. 10171, 36 FR 12284, June 30, 1971; as amended by Amdt. 121-
250, 60 FR 65949, Dec. 20, 1995; Amdt. 121-248, 60 FR 20869, Apr. 27, 
1995; Amdt. 121-250, 60 FR 65949, Dec. 20, 1995; Amdt. 121-259, 61 FR 
34561, July 2, 1996]



Sec. 121.432   General.

    (a) Except in the case of operating experience under Sec. 121.434, a 
pilot who serves as second in command of an operation that requires 
three or more pilots must be fully qualified to act as pilot in command 
of that operation.
    (b) No certificate holder may conduct a check or any training in 
operations under this part, except for the following checks and training 
required by this part or the certificate holder:
    (1) Line checks for pilots.
    (2) Flight navigator training conducted under the supervision of a 
flight navigator flight instructor.
    (3) Flight navigator flight checks.
    (4) Flight engineer checks (except for emergency procedures), if the 
person being checked is qualified and current in accordance with 
Sec. 121.453(a).
    (5) Flight attendant training and competence checks.

Except for pilot line checks and flight engineer flight checks, the 
person being trained or checked may not be used as a required 
crewmember.
    (c) For the purposes of this subpart the airplane groups prescribed 
in Sec. 121.400 apply.
    (d) For the purposes of this subpart the terms and definitions in 
Sec. 121.400 apply.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976]



Sec. 121.433   Training required.

    (a) Initial training. No certificate holder may use any person nor 
may any person serve as a required crewmember on an airplane unless that 
person has satisfactorily completed, in a training program approved 
under subpart N of this part, initial ground and flight training for 
that type airplane and for the particular crewmember position, except as 
follows:

[[Page 445]]

    (1) Crewmembers who have qualified and served as a crewmember on 
another type airplane of the same group may serve in the same crewmember 
capacity upon completion of transition training as provided in 
Sec. 121.415.
    (2) Crewmembers who have qualified and served as second in command 
or flight engineer on a particular type airplane may serve as pilot in 
command or second in command, respectively, upon completion of upgrade 
training for that airplane as provided in Sec. 121.415.
    (b) Differences training. No certificate holder may use any person 
nor may any person serve as a required crewmember on an airplane of a 
type for which differences training is included in the certificate 
holder's approved training program unless that person has satisfactorily 
completed, with respect to both the crewmember position and the 
particular variation of the airplane in which he serves, either initial 
or transition ground and flight training, or differences training, as 
provided in Sec. 121.415.
    (c) Recurrent training. (1) No certificate holder may use any person 
nor may any person serve as a required crewmember on an airplane unless, 
within the preceding 12 calendar months--
    (i) For flight crewmembers, he has satisfactorily completed 
recurrent ground and flight training for that airplane and crewmember 
position and a flight check as applicable;
    (ii) For flight attendants and dispatchers, he has satisfactorily 
completed recurrent ground training and a competence check; and
    (iii) In addition, for pilots in command he has satisfactorily 
completed, within the preceding 6 calendar months, recurrent flight 
training in addition to the recurrent flight training required in 
paragraph (c)(1)(i) of this section, in an airplane in which he serves 
as pilot in command in operations under this part.
    (2) For pilots, a proficiency check as provided in Sec. 121.441 of 
this part may be substituted for the recurrent flight training required 
by this paragraph and the approved simulator course of training under 
Sec. 121.409(b) of this part may be substituted for alternate periods of 
recurrent flight training required in that airplane, except as provided 
in paragraphs (d) and (e) of this section.
    (d) For each airplane in which a pilot serves as pilot in command, 
he must satisfactorily complete either recurrent flight training or a 
proficiency check within the preceding 12 calendar months.
    (e) Notwithstanding paragraphs (c)(2) and (d) of this section, a 
proficiency check as provided in Sec. 121.441 of this part may not be 
substituted for training in those maneuvers and procedures set forth in 
a certificate holder's approved low-altitude windshear flight training 
program when that program is included in a recurrent flight training 
course as required by Sec. 121.409(d) of this part.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-91, 37 
FR 10729, May 27, 1972; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988]



Sec. 121.433a  Training requirements: Handling and carriage of dangerous articles and magnetized materials.

    (a) No certificate holder may use any person to perform and no 
person may perform, any assigned duties and responsibilities for the 
handling or carriage of dangerous articles and magnetized materials 
governed by Title 49 CFR, unless within the preceding 12 calendar months 
that person has satisfactorily completed training in a program 
established and approved under this subpart which includes instructions 
regarding the proper packaging, marking, labeling, and documentation of 
dangerous articles and magnetized materials, as required by Title 49 CFR 
and instructions regarding their compatibility, loading, storage, and 
handling characteristics. A person who satisfactorily completes training 
in the calendar month before, or the calendar month after, the month in 
which it becomes due, is considered to have taken that training during 
the month it became due.
    (b) Each certificate holder shall maintain a record of the 
satisfactory completion of the initial and recurrent training given to 
crewmembers and ground personnel who perform assigned

[[Page 446]]

duties and responsibilities for the handling and carriage of dangerous 
articles and magnetized materials.
    (c) A certificate holder operating in a foreign country where the 
loading and unloading of aircraft must be performed by personnel of the 
foreign country, may use personnel not meeting the requirements of 
paragraphs (a) and (b) of this section if they are supervised by a 
person qualified under paragraphs (a) and (b) of this section to 
supervise the loading, offloading and handling of hazardous materials.

[Doc. No. 12124, 38 FR 14915, June 7, 1973, as amended by Amdt. 121-144, 
43 FR 22647, May 25, 1978]



Sec. 121.434   Operating experience, operating cycles, and consolidation of knowledge and skills.

    (a) No certificate holder may use a person nor may any person serve 
as a required crewmember of an airplane unless the person has 
satisfactorily completed, on that type airplane and in that crewmember 
position, the operating experience, operating cycles, and the line 
operating flight time for consolidation of knowledge and skills, 
required by this section, except as follows:
    (1) Crewmembers other than pilots in command may serve as provided 
herein for the purpose of meeting the requirements of this section.
    (2) Pilots who are meeting the pilot in command requirements may 
serve as second in command.
    (3) Separate operating experience, operating cycles, and line 
operating flight time for consolidation of knowledge and skills are not 
required for variations within the same type airplane.
    (b) In acquiring the operating experience, operating cycles, and 
line operating flight time for consolidation of knowledge and skills, 
crewmembers must comply with the following:
    (1) In the case of a flight crewmember, he must hold the appropriate 
certificates and ratings for the crewmember position and the airplane, 
except that a pilot who is meeting the pilot in command requirements 
must hold the appropriate certificates and ratings for a pilot in 
command in the airplane.
    (2) The operating experience, operating cycles, and line operating 
flight time for consolidation of knowledge and skills must be acquired 
after satisfactory completion of the appropriate ground and flight 
training for the particular airplane type and crewmember position.
    (3) The experience must be acquired in flight during operations 
under this part. However, in the case of an aircraft not previously used 
by the certificate holder in operations under this part, operating 
experience acquired in the aircraft during proving flights or ferry 
flights may be used to meet this requirement.
    (c) Pilot crewmembers must acquire operating experience and 
operating cycles as follows:
    (1) A pilot in command must--
    (i) Perform the duties of a pilot in command under the supervision 
of a check pilot; and
    (ii) In addition, if a qualifying pilot in command is completing 
initial or upgrade training specified in Sec. 121.424, be observed in 
the performance of prescribed duties by an FAA inspector during at least 
one flight leg which includes a takeoff and landing. During the time 
that a qualifying pilot in command is acquiring the operating experience 
in paragraphs (c)(l) (i) and (ii) of this section, a check pilot who is 
also serving as the pilot in command must occupy a pilot station. 
However, in the case of a transitioning pilot in command the check pilot 
serving as pilot in command may occupy the observer's seat, if the 
transitioning pilot has made at least two takeoffs and landings in the 
type airplane used, and has satisfactorily demonstrated to the check 
pilot that he is qualified to perform the duties of a pilot in command 
of that type of airplane.
    (2) A second in command pilot must perform the duties of a second in 
command under the supervision of an appropriately qualified check pilot.
    (3) The hours of operating experience and operating cycles for all 
pilots are as follows:
    (i) For initial training, 15 hours in Group I reciprocating powered 
airplanes, 20 hours in Group I turbopropeller powered airplanes, and 25 
hours in Group II airplanes. Operating

[[Page 447]]

experience in both airplane groups must include at least 4 operating 
cycles (at least 2 as the pilot flying the airplane).
    (ii) For transition training, except as provided in paragraph 
(c)(3)(iii) of this section, 10 hours in Group I reciprocating powered 
airplanes, 12 hours in Group I turbopropeller powered airplanes, 25 
hours for pilots in command in Group II airplanes, and 15 hours for 
second in command pilots in Group II airplanes. Operating experience in 
both airplane groups must include at least 4 operating cycles (at least 
2 as the pilot flying the airplane).
    (iii) In the case of transition training where the certificate 
holder's approved training program includes a course of training in an 
airplane simulator under Sec. 121.409(c), each pilot in command must 
comply with the requirements prescribed in paragraph (c)(3)(i) of this 
section for initial training.
    (d) A flight engineer must perform the duties of a flight engineer 
under the supervision of a check airman or a qualified flight engineer 
for at least the following number of hours:
    (1) Group I reciprocating powered airplanes, 8 hours.
    (2) Group I turbopropeller powered airplanes, 10 hours.
    (3) Group II airplanes, 12 hours.
    (e) A flight attendant must, for at least 5 hours, perform the 
assigned duties of a flight attendant under the supervision of a flight 
attendant supervisor qualified under this part who personally observes 
the performance of these duties. However, operating experience is not 
required for a flight attendant who has previously acquired such 
experience on any large passenger carrying airplane of the same group, 
if the certificate holder shows that the flight attendant has received 
sufficient ground training for the airplane in which the flight 
attendant is to serve. Flight attendants receiving operating experience 
may not be assigned as a required crewmember. Flight attendants who have 
satisfactorily completed training time acquired in an approved training 
program conducted in a full-scale (except for length) cabin training 
device of the type airplane in which they are to serve may substitute 
this time for 50 percent of the hours required by this paragraph.
    (f) Flight crewmembers may substitute one additional takeoff and 
landing for each hour of flight to meet the operating experience 
requirements of this section, up to a maximum reduction of 50% of flight 
hours, except those in Group II initial training, and second in command 
pilots in Group II transition training. Notwithstanding the reductions 
in programmed hours permitted under Secs. 121.405 and 121.409, the hours 
of operating experience for flight crewmembers are not subject to 
reduction other than as provided in this paragraph and paragraph (e) of 
this section.
    (g) Except as provided in paragraph (h) of this section, pilot in 
command and second in command crewmembers must each acquire at least 100 
hours of line operating flight time for consolidation of knowledge and 
skills (including operating experience required under paragraph (c) of 
this section) within 120 days after the satisfactory completion of:
    (1) Any part of the flight maneuvers and procedures portion of 
either an airline transport pilot certificate with type rating practical 
test or an additional type rating practical test, or
    (2) A Sec. 121.441 proficiency check.
    (h) The following exceptions apply to the consolidation requirement 
of paragraph (g) of this section:
    (1) Pilots who have qualified and served as pilot in command or 
second in command on a particular type airplane in operations under this 
part before August 25, 1995 are not required to complete line operating 
flight time for consolidation of knowledge and skills.
    (2) Pilots who have completed the line operating flight time 
requirement for consolidation of knowledge and skills while serving as 
second in command on a particular type airplane in operations under this 
part after August 25, 1995 are not required to repeat the line operating 
flight time before serving as pilot in command on the same type 
airplane.
    (3) If, before completing the required 100 hours of line operating 
flight time, a pilot serves as a pilot in another airplane type operated 
by the certificate holder, the pilot may not serve as a

[[Page 448]]

pilot in the airplane for which the pilot has newly qualified unless the 
pilot satifactorily completes refresher training as provided in the 
certificate holder's approved training program and that training is 
conducted by an appropriately qualified instructor or check pilot.
    (4) If the required 100 hours of line operating flight time are not 
completed within 120 days, the certificate holder may extend the 120-day 
period to no more than 150 days if--
    (i) The pilot continues to meet all other applicable requirements of 
subpart O of this part; and
    (ii) On or before the 120th day the pilot satisfactorily completes 
refresher training conducted by an appropriately qualified instructor or 
check pilot as provided in the certificate holder's approved training 
program, or a check pilot determines that the pilot has retained an 
adequate level of proficiency after observing that pilot in a supervised 
line operating flight.
    (5) The Administrator, upon application by the certificate holder, 
may authorize deviations from the requirements of paragraph (g) of this 
section, by an appropriate amendment to the operations specifications, 
to the extent warranted by any of the following circumstances:
    (i) A newly certificated certificate holder does not employ any 
pilots who meet the minimum requirements of paragraph (g) of this 
section.
    (ii) An existing certificate holder adds to its fleet an airplane 
type not before proven for use in its operations.
    (iii) A certificate holder establishes a new domicile to which it 
assigns pilots who will be required to become qualified on the airplanes 
operated from that domicile.
    (i) Notwithstanding the reductions in programmed hours permitted 
under Secs. 121.405 and 121.409 of subpart N of this part, the hours of 
operating experience for flight crewmembers are not subject to reduction 
other than as provided in paragraphs (e) and (f) of this section.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-74, 36 
FR 12284, June 30, 1971; Amdt. 121-91, 37 FR 10729, May 27, 1972; Amdt. 
121-140, 43 FR 9599, Mar. 9, 1978; Amdt. 121-144, 43 FR 22647, May 25, 
1978; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-248, 60 FR 
20870, Apr. 27, 1995]



Sec. 121.437   Pilot qualification: Certificates required.

    (a) No pilot may act as pilot in command of an aircraft (or as 
second in command of an aircraft in a flag or supplemental operation 
that requires three or more pilots) unless he holds an airline transport 
pilot certificate and an appropriate type rating for that aircraft.
    (b) Each pilot who acts as a pilot in a capacity other than those 
specified in paragraph (a) of this section must hold at least a 
commercial pilot certificate and an instrument rating.
    (c) No certificate holder may use nor may any pilot act as a pilot 
in a capacity other than those specified in paragraph (a) of this 
section unless the pilot holds at least a commercial pilot certificate 
with appropriate category and class ratings for the aircraft concerned, 
and an instrument rating.

[Doc. No. 6258, 29 FR 19215, Dec. 31, 1964, as amended by Amdt. 121-148, 
43 FR 46235, Oct. 5, 1978; 44 FR 25202, Apr. 30, 1979; Amdt. 121-207, 54 
FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.438  Pilot operating limitations and pairing requirements.

    (a) If the second in command has fewer than 100 hours of flight time 
as second in command in operations under this part in the type airplane 
being flown, and the pilot in command is not an appropriately qualified 
check pilot, the pilot in command must make all takeoffs and landings in 
the following situations:
    (1) At special airports designated by the Administrator or at 
special airports designated by the certificate holder; and

[[Page 449]]

    (2) In any of the following conditions:
    (i) The prevailing visibility value in the latest weather report for 
the airport is at or below \3/4\ mile.
    (ii) The runway visual range for the runway to be used is at or 
below 4,000 feet.
    (iii) The runway to be used has water, snow, slush or similar 
conditions that may adversely affect airplane performance.
    (iv) The braking action on the runway to be used is reported to be 
less than ``good''.
    (v) The crosswind component for the runway to be used is in excess 
of 15 knots.
    (vi) Windshear is reported in the vicinity of the airport.
    (vii) Any other condition in which the PIC determines it to be 
prudent to exercise the PIC's prerogative.
    (b) No person may conduct operations under this part unless, for 
that type airplane, either the pilot in command or the second in command 
has at least 75 hours of line operating flight time, either as pilot in 
command or second in command. The Administrator may, upon application by 
the certificate holder, authorize deviations from the requirements of 
this paragraph (b) by an appropriate amendment to the operations 
specifications in any of the following circumstances:
    (1) A newly certificated certificate holder does not employ any 
pilots who meet the minimum requirements of this paragraph.
    (2) An existing certificate holder adds to its fleet a type airplane 
not before proven for use in its operations.
    (3) An existing certificate holder establishes a new domicile to 
which it assigns pilots who will be required to become qualified on the 
airplanes operated from that domicile.

[Doc. No. 27210, 60 FR 20870, Apr. 27, 1995]



Sec. 121.439  Pilot qualification: Recent experience.

    (a) No certificate holder may use any person nor may any person 
serve as a required pilot flight crewmember, unless within the preceding 
90 days, that person has made at least three takeoffs and landings in 
the type airplane in which that person is to serve. The takeoffs and 
landings required by this paragraph may be performed in a visual 
simulator approved under Sec. 121.407 to include takeoff and landing 
maneuvers. In addition, any person who fails to make the three required 
takeoffs and landings within any consecutive 90-day period must 
reestablish recency of experience as provided in paragraph (b) of this 
section.
    (b) In addition to meeting all applicable training and checking 
requirements of this part, a required pilot flight crewmember who has 
not met the requirements of paragraph (a) of this section must 
reestablish recency of experience as follows:
    (1) Under the supervision of a check airman, make at least three 
takeoffs and landings in the type airplane in which that person is to 
serve or in an advanced simulator or visual simulator. When a visual 
simulator is used, the requirements of paragraph (c) of this section 
must be met.
    (2) The takeoffs and landings required in paragraph (b)(1) of this 
section must include--
    (i) At least one takeoff with a simulated failure of the most 
critical powerplant;
    (ii) At least one landing from an ILS approach to the lowest ILS 
minimum authorized for the certificate holder; and
    (iii) At least one landing to a full stop.
    (c) A required pilot flight crewmember who performs the manuvers 
prescribed in paragraph (b) of this section in a visual simulator must--
    (1) Have previously logged 100 hours of flight time in the same type 
airplane in which he is to serve;
    (2) Be observed on the first two landings made in operations under 
this part by an approved check airman who acts as pilot in command and 
occupies a pilot seat. The landings must be made in weather minimums 
that are not less than those contained in the certificate holder's 
operations specifications for Category I Operations, and must be made 
within 45 days following completion of simulator training.
    (d) When using a simulator to accomplish any of the requirements of 
paragraph (a) or (b) of this section, each required flight crewmember 
position must be occupied by an appropriately

[[Page 450]]

qualified person and the simulator must be operated as if in a normal 
in-flight environment without use of the repositioning features of the 
simulator.
    (e) A check airman who observes the takeoffs and landings prescribed 
in paragraphs (b)(1) and (c) of this section shall certify that the 
person being observed is proficient and qualified to perform flight duty 
in operations under this part and may require any additional maneuvers 
that are determined necessary to make this certifying statement.

[Doc. No. 16383, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-148, 
43 FR 46235, Oct. 5, 1978; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]



Sec. 121.440   Line checks.

    (a) No certificate holder may use any person nor may any person 
serve as pilot in command of an airplane unless, within the preceding 12 
calendar months, that person has passed a line check in which he 
satisfactorily performs the duties and responsibilities of a pilot in 
command in one of the types of airplanes he is to fly.
    (b) A pilot in command line check for domestic and flag operations 
must--
    (1) Be given by a pilot check airman who is currently qualified on 
both the route and the airplane; and
    (2) Consist of at least one flight over a typical part of the 
certificate holder's route, or over a foreign or Federal airway, or over 
a direct route.
    (c) A pilot in command line check for supplemental operations must--
    (1) Be given by a pilot check airman who is currently qualified on 
the airplane; and
    (2) Consist of at least one flight over a part of a Federal airway, 
foreign airway, or advisory route over which the pilot may be assigned.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-143, 43 
FR 22642, May 25, 1978; Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.441   Proficiency checks.

    (a) No certificate holder may use any person nor may any person 
serve as a required pilot flight crewmember unless that person has 
satisfactorily completed either a proficiency check, or an approved 
simulator course of training under Sec. 121.409, as follows:
    (1) For a pilot in command, a proficiency check within the preceding 
12 calendar months and, in addition, within the preceding 6 calendar 
months, either a proficiency check or the simulator training.
    (2) For all other pilots--
    (i) Within the preceding 24 calendar months either a proficiency 
check or the line-oriented simulator training course under Sec. 121.409; 
and
    (ii) Within the preceding 12 calendar months, either a proficiency 
check or any simulator training course under Sec. 121.409.

The satisfactory completion of a type rating flight check under 
Sec. 61.157 of this chapter satisfies the requirement for a proficiency 
check.
    (b) Except as provided in paragraphs (c) and (d) of this section, a 
proficiency check must meet the following requirements:
    (1) It must include at least the procedures and maneuvers set forth 
in appendix F to this part unless otherwise specifically provided in 
that appendix.
    (2) It must be given by the Administrator or a pilot check airman.
    (c) An approved airplane simulator or other appropriate training 
device may be used in the conduct of a proficiency check as provided in 
appendix F to this part.
    (d) A person giving a proficiency check may, in his discretion, 
waive any of the maneuvers or procedures for which a specific waiver 
authority is set forth in appendix F to this part if--
    (1) The Administrator has not specifically required the particular 
maneuver or procedure to be performed;
    (2) The pilot being checked is, at the time of the check, employed 
by a certificate holder as a pilot; and
    (3) The pilot being checked is currently qualified for operations 
under this part in the particular type airplane and flight crewmember 
position or has, within the preceding six calendar months, 
satisfactorily completed an approved training program for the particular 
type airplane.
    (e) If the pilot being checked fails any of the required maneuvers, 
the person giving the proficiency check may give additional training to 
the pilot

[[Page 451]]

during the course of the proficiency check. In addition to repeating the 
maneuvers failed, the person giving the proficiency check may require 
the pilot being checked to repeat any other maneuvers he finds are 
necessary to determine the pilot's proficiency. If the pilot being 
checked is unable to demonstrate satisfactory performance to the person 
conducting the check, the certificate holder may not use him nor may he 
serve in operations under this part until he has satisfactorily 
completed a proficiency check.

However, the entire proficiency check (other than the initial second-in-
command proficiency check) required by this section may be conducted in 
an approved visual simulator if the pilot being checked accomplishes at 
least two landings in the appropriate airplane during a line check or 
other check conducted by a pilot check airman (a pilot-in-command may 
observe and certify the satisfactory accomplishment of these landings by 
a second-in-command). If a pilot proficiency check is conducted in 
accordance with this paragraph, the next required proficiency check for 
that pilot must be conducted in the same manner, or in accordance with 
appendix F of this part, or a course of training in an airplane visual 
simulator under Sec. 121.409 may be substituted therefor.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103, 38 
FR 12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 
121-144, 43 FR 22648, May 25, 1978]



Sec. 121.443  Pilot in command qualification: Route and airports.

    (a) Each certificate holder shall provide a system acceptable to the 
Administrator for disseminating the information required by paragraph 
(b) of this section to the pilot in command and appropriate flight 
operation personnel. The system must also provide an acceptable means 
for showing compliance with Sec. 121.445.
    (b) No certificate holder may use any person, nor may any person 
serve, as pilot in command unless the certificate holder has provided 
that person current information concerning the following subjects 
pertinent to the areas over which that person is to serve, and to each 
airport and terminal area into which that person is to operate, and 
ensures that that person has adequate knowledge of, and the ability to 
use, the information:
    (1) Weather characteristics appropriate to the season.
    (2) Navigation facilities.
    (3) Communication procedures, including airport visual aids.
    (4) Kinds of terrain and obstructions.
    (5) Minimum safe flight levels.
    (6) En route and terminal area arrival and departure procedures, 
holding procedures and authorized instrument approach procedures for the 
airports involved.
    (7) Congested areas and physical layout of each airport in the 
terminal area in which the pilot will operate.
    (8) Notices to Airmen.

[Doc. No. 17897, 45 FR 41594, June 19, 1980; Amdt. 121-159, 45 FR 43154, 
June 26, 1980]



Sec. 121.445  Pilot in command airport qualification: Special areas and airports.

    (a) The Administrator may determine that certain airports (due to 
items such as surrounding terrain, obstructions, or complex approach or 
departure procedures) are special airports requiring special airport 
qualifications and that certain areas or routes, or both, require a 
special type of navigation qualification.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder may use any person, nor may any person serve, as 
pilot in command to or from an airport determined to require special 
airport qualifications unless, within the preceding 12 calendar months:
    (1) The pilot in command or second in command has made an entry to 
that airport (including a takeoff and landing) while serving as a pilot 
flight crewmember; or
    (2) The pilot in command has qualified by using pictorial means 
acceptable to the Administrator for that airport.
    (c) Paragraph (b) of this section does not apply when an entry to 
that airport (including a takeoff or a landing) is being made if the 
ceiling at that airport is at least 1,000 feet above the lowest MEA or 
MOCA, or initial approach altitude prescribed for the instrument

[[Page 452]]

approach procedure for that airport, and the visibility at that airport 
is at least 3 miles.
    (d) No certificate holder may use any person, nor may any person 
serve, as pilot in command between terminals over a route or area that 
requires a special type of navigation qualification unless, within the 
preceding 12 calendar months, that person has demonstrated qualification 
on the applicable navigation system in a manner acceptable to the 
Administrator, by one of the following methods:
    (1) By flying over a route or area as pilot in command using the 
applicable special type of navigation system.
    (2) By flying over a route or area as pilot in command under the 
supervision of a check airman using the special type of navigation 
system.
    (3) By completing the training program requirements of appendix G of 
this part.

[Doc. No. 17897, 45 FR 41594, June 19, 1980]
Sec. 121.447  [Reserved]



Sec. 121.453   Flight engineer qualifications.

    (a) No certificate holder may use any person nor may any person 
serve as a flight engineer on an airplane unless, within the preceding 6 
calendar months, he has had at least 50 hours of flight time as a flight 
engineer on that type airplane or the certificate holder or the 
Administrator has checked him on that type airplane and determined that 
he is familiar and competent with all essential current information and 
operating procedures.
    (b) A flight check given in accordance with Sec. 121.425(a)(2) 
satisfies the requirements of paragraph (a) of this section.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970]



Sec. 121.455  Use of prohibited drugs.

    (a) This section applies to persons who perform a function listed in 
appendix I to this part for the certificate holder or operator. For the 
purpose of this section, a person who performs such a function pursuant 
to a contract with the certificate holder or operator is considered to 
be performing that function for the certificate holder or operator.
    (b) No certificate holder or operator may knowingly use any person 
to perform, nor may any person perform for a certificate holder or 
operator, either directly or by contract, any function listed in 
appendix I to this part while that person has a prohibited drug, as 
defined in that appendix, in his or her system.
    (c) No certificate holder or operator shall knowingly use any person 
to perform, nor shall any person perform for a certificate holder or 
operator, either directly or by contract, any safety-sensitive function 
if the person has a verified positive drug test result on or has refused 
to submit to a drug test required by appendix I to part 121 of this 
chapter and the person has not met the requirements of appendix I for 
returning to the performance of safety-sensitive duties.

[Doc. No. 25148, 53 FR 47057, Nov. 21, 1988, as amended by Amdt. 121-
240, 59 FR 42928, Aug. 19, 1994; Amdt. 121-251, 60 FR 65934, Dec. 20, 
1995]



Sec. 121.457  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 this part in 
accordance with that appendix.
    (b) No certificate holder or operator may use any contractor to 
perform a function listed in appendix I to this part unless that 
contractor tests each employee performing such a function for the 
certificate holder or operator in accordance with that appendix.

[Doc. No. 25148, 53 FR 47057, Nov. 21, 1988, as amended by Amdt. 121-
251, 60 FR 65934, Dec. 20, 1995]



Sec. 121.458  Misuse of alcohol.

    (a) General. This section applies to employees who perform a 
function listed in appendix J to this part for a certificate holder 
(covered employees). For the purpose of this section, a person who meets 
the definition of covered employee in appendix J is considered to be 
performing the function for the certificate holder.

[[Page 453]]

    (b) Alcohol concentration. No covered employee shall report for duty 
or remain on duty requiring the performance of safety-sensitive 
functions while having an alcohol concentration of 0.04 or greater. No 
certificate holder having actual knowledge that an employee has an 
alcohol concentration of 0.04 or greater shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. No certificate holder having 
actual knowledge that a covered employee is using alcohol while 
performing safety-sensitive functions shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (d) Pre-duty use. (1) No covered employee shall perform flight 
crewmember or flight attendant duties within 8 hours after using 
alcohol. No certificate holder having actual knowledge that such an 
employee has used alcohol within 8 hours shall permit the employee to 
perform or continue to perform the specified duties.
    (2) No covered employee shall perform safety-sensitive duties other 
than those specified in paragraph (d)(1) of this section within 4 hours 
after using alcohol. No certificate holder having actual knowledge that 
such an employee has used alcohol within 4 hours shall permit the 
employee to perform or continue to perform safety-sensitive functions.
    (e) Use following an accident. No covered employee who has actual 
knowledge of an accident involving an aircraft for which he or she 
performed a safety-sensitive function at or near the time of the 
accident shall use alcohol for 8 hours following the accident, unless he 
or she has been given a post-accident test under appendix J of this 
part, or the employer has determined that the employee's performance 
could not have contributed to the accident.
    (f) Refusal to submit to a required alcohol test. No covered 
employee shall refuse to submit to a post-accident, random, reasonable 
suspicion, or follow-up alcohol test required under appendix J to this 
part. No certificate holder shall permit an employee who refuses to 
submit to such a test to perform or continue to perform safety-sensitive 
functions.

[Amdt. 121-237, 59 FR 7389, Feb. 15, 1994]



Sec. 121.459  Testing for alcohol.

    (a) Each certificate holder must establish an alcohol misuse 
prevention program in accordance with the provisions of appendix J to 
this part.
    (b) No certificate holder shall use any person who meets the 
definition of covered employee in appendix J to this part to perform a 
safety-sensitive function listed in that appendix unless such person is 
subject to testing for alcohol misuse in accordance with the provisions 
of appendix J.

[Amdt. 121-237, 59 FR 7390, Feb. 15, 1994]



       Subpart P--Aircraft Dispatcher Qualifications and Duty Time

Limitations: Domestic and Flag Operations; Flight Attendant Duty Period 
    Limitations and Rest Requirements: Domestic, Flag, and Supplemental 
    Operations



Sec. 121.461  Applicability.

    This subpart prescribes--
    (a) Qualifications and duty time limitations for aircraft 
dispatchers for certificate holders conducting domestic flag operations; 
and
    (b) Duty period limitations and rest requirements for flight 
attendants used by certificate holders conducting domestic, flag, or 
supplemental operations.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.463   Aircraft dispatcher qualifications.

    (a) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve, as an aircraft dispatcher for 
a particular airplane group unless that person has, with respect to an 
airplane of that group, satisfactorily completed the following:
    (1) Initial dispatcher training, except that a person who has 
satisfactorily completed such training for another type airplane of the 
same group need only complete the appropriate transition training.

[[Page 454]]

    (2) Operating familiarization consisting of at least 5 hours 
observing operations under this part from the flight deck or, for 
airplanes without an observer seat on the flight deck, from a forward 
passenger seat with headset or speaker. This requirement may be reduced 
to a minimum of 2\1/2\ hours by the substitution of one additional 
takeoff and landing for an hour of flight. A person may serve as an 
aircraft dispatcher without meeting the requirement of this paragraph 
(a) for 90 days after initial introduction of the airplane into 
operations under this part.
    (b) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve, as an aircraft dispatcher for 
a particular type airplane unless that person has, with respect to that 
airplane, satisfactorily completed differences training, if applicable.
    (c) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve, as an aircraft dispatcher 
unless within the preceding 12 calendar months the aircraft dispatcher 
has satisfactorily completed operating familiarization consisting of at 
least 5 hours observing operations under this part, in one of the types 
of airplanes in each group to be dispatched. This observation shall be 
made from the flight deck or, for airplanes without an observer seat on 
the flight deck, from a forward passenger seat with headset or speaker. 
The requirement of paragraph (a) of this section may be reduced to a 
minimum of 2\1/2\ hours by the substitution of one additional takeoff 
and landing for an hour of flight. The requirement of this paragraph may 
be satisfied by observation of 5 hours of simulator training for each 
airplane group in one of the simulators approved under Sec. 121.407 for 
the group. However, if the requirement of paragraph (a) is met by the 
use of a simulator, no reduction in hours is permitted.
    (d) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve as an aircraft dispatcher to 
dispatch airplanes in operations under this part unless the certificate 
holder has determined that he is familiar with all essential operating 
procedures for that segment of the operation over which he exercises 
dispatch jurisdiction. However, a dispatcher who is qualified to 
dispatch airplanes through one segment of an operation may dispatch 
airplanes through other segments of the operation after coordinating 
with dispatchers who are qualified to dispach airplanes through those 
other segments.
    (e) For the purposes of this section, the airplane groups, terms, 
and definitions in Sec. 121.400 apply.

[Doc. No. 7325, 37 FR 5607, Mar. 17, 1972, as amended by Amdt. 121-251, 
60 FR 65934, Dec. 20, 1995]



Sec. 121.465  Aircraft dispatcher duty time limitations: Domestic and flag operations.

    (a) Each certificate holder conducting domestic or flag operations 
shall establish the daily duty period for a dispatcher so that it begins 
at a time that allows him or her to become thoroughly familiar with 
existing and anticipated weather conditions along the route before he or 
she dispatches any airplane. He or she shall remain on duty until each 
airplane dispatched by him or her has completed its flight, or has gone 
beyond his or her jurisdiction, or until he or she is relieved by 
another qualified dispatcher.
    (b) Except in cases where circumstances or emergency conditions 
beyond the control of the certificate holder require otherwise--
    (1) No certificate holder conducting domestic or flag operations may 
schedule a dispatcher for more than 10 consecutive hours of duty;
    (2) If a dispatcher is scheduled for more than 10 hours of duty in 
24 consecutive hours, the certificate holder shall provide him or her a 
rest period of at least eight hours at or before the end of 10 hours of 
duty.
    (3) Each dispatcher must be relieved of all duty with the 
certificate holder for at least 24 consecutive hours during any seven 
consecutive days or the equivalent thereof within any calendar month.
    (c) Notwithstanding paragraphs (a) and (b) of this section, a 
certificate holder conducting flag operations may, if authorized by the 
Administrator, schedule an aircraft dispatcher at a

[[Page 455]]

duty station outside of the 48 contiguous States and the District of 
Columbia, for more than 10 consecutive hours of duty in a 24-hour period 
if that aircraft dispatcher is relieved of all duty with the certificate 
holder for at least eight hours during each 24-hour period.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.467  Flight attendant duty period limitations and rest requirements: Domestic, flag, and supplemental operations.

    (a) For purposes of this section--
    Calendar day means the period of elapsed time, using Coordinated 
Universal Time or local time, that begins at midnight and ends 24 hours 
later at the next midnight.
    Duty period means the period of elapsed time between reporting for 
an assignment involving flight time and release from that assignment by 
the certificate holder conducting domestic, flag, or supplemental 
operations. The time is calculated using either Coordinated Universal 
Time or local time to reflect the total elapsed time.
    Flight attendant means an individual, other than a flight 
crewmember, who is assigned by a certificate holder conducting domestic, 
flag, or supplemental operations, in accordance with the required 
minimum crew complement under the certificate holder's operations 
specifications or in addition to that minimum complement, to duty in an 
aircraft during flight time and whose duties include but are not 
necessarily limited to cabin-safety-related responsibilities.
    Rest period means the period free of all restraint or duty for a 
certificate holder conducting domestic, flag, or supplemental operations 
and free of all responsibility for work or duty should the occasion 
arise.
    (b) Except as provided in paragraph (c) of this section, a 
certificate holder conducting domestic, flag, or supplemental operations 
may assign a duty period to a flight attendant only when the applicable 
duty period limitations and rest requirements of this paragraph are met.
    (1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, no certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant to a scheduled 
duty period of more than 14 hours.
    (2) Except as provided in paragraph (b)(3) of this section, a flight 
attendant scheduled to a duty period of 14 hours or less as provided 
under paragraph (b)(1) of this section must be given a scheduled rest 
period of at least 9 consecutive hours. This rest period must occur 
between the completion of the scheduled duty period and the commencement 
of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section 
may be scheduled or reduced to 8 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 10 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period and must occur between the completion of the scheduled duty 
period and the commencement of the subsequent duty period.
    (4) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 14 hours, but no more than 16 hours, if the certificate holder 
has assigned to the flight or flights in that duty period at least one 
flight attendant in addition to the minimum flight attendant complement 
required for the flight or flights in that duty period under the 
certificate holder's operations specifications.
    (5) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 16 hours, but no more than 18 hours, if the certificate holder 
has assigned to the flight or flights in that duty period at least two 
flight attendants in addition to the minimum flight attendant complement 
required for the flight or flights in that duty period under the 
certificate holder's operations specifications.
    (6) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 18 hours, but no more than 20 hours, if the scheduled duty 
period includes one or

[[Page 456]]

more flights that land or take off outside the 48 contiguous states and 
the District of Columbia, and if the certificate holder has assigned to 
the flight or flights in that duty period at least three flight 
attendants in addition to the minimum flight attendant complement 
required for the flight or flights in that duty period under the 
domestic certificate holder's operations specifications.
    (7) Except as provided in paragraph (b)(8) of this section, a flight 
attendant scheduled to a duty period of more than 14 hours but no more 
than 20 hours, as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, must be given a scheduled rest period of at least 12 
consecutive hours. This rest period must occur between the completion of 
the scheduled duty period and the commencement of the subsequent duty 
period.
    (8) The rest period required under paragraph (b)(7) of this section 
may be scheduled or reduced to 10 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 14 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period and must occur between the completion of the scheduled duty 
period and the commencement of the subsequent duty period.
    (9) Notwithstanding paragraphs (b)(4), (b)(5), and (b)(6) of this 
section, if a certificate holder conducting domestic, flag, or 
supplemental operations elects to reduce the rest period to 10 hours as 
authorized by paragraph (b)(8) of this section, the certificate holder 
may not schedule a flight attendant for a duty period of more than 14 
hours during the 24-hour period commencing after the beginning of the 
reduced rest period.
    (10) No certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant any duty period 
with the certificate holder unless the flight attendant has had at least 
the minimum rest required under this section.
    (11) No certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant to perform any 
duty with the certificate holder during any required rest period.
    (12) Time spent in transportation, not local in character, that a 
certificate holder conducting domestic, flag, or supplemental operations 
requires of a flight attendant and provides to transport the flight 
attendant to an airport at which that flight attendant is to serve on a 
flight as a crewmember, or from an airport at which the flight attendant 
was relieved from duty to return to the flight attendant's home station, 
is not considered part of a rest period.
    (13) Each certificate holder conducting domestic, flag, or 
supplemental operations must relieve each flight attendant engaged in 
air transportation and each commercial operator must relieve each flight 
attendant engaged in air commerce from all further duty for at least 24 
consecutive hours during any 7 consecutive calendar days.
    (14) A flight attendant is not considered to be scheduled for duty 
in excess of duty period limitations if the flights to which the flight 
attendant is assigned are scheduled and normally terminate within the 
limitations but due to circumstances beyond the control of the 
certificate holder conducting domestic, flag, or supplemental operations 
(such as adverse weather conditions) are not at the time of departure 
expected to reach their destination within the scheduled time.
    (c) Notwithstanding paragraph (b) of this section, a certificate 
holder conducting domestic, flag, or supplemental operations may apply 
the flight crewmember flight time and duty limitations and rest 
requirements of this part to flight attendants for all operations 
conducted under this part provided that--
    (1) The certificate holder establishes written procedures that--
    (i) Apply to all flight attendants used in the certificate holder's 
operation;
    (ii) Include the flight crewmember requirements contained in 
subparts Q, R, or S of this part, as appropriate to the operation being 
conducted, except that rest facilities on board the aircraft are not 
required;
    (iii) Include provisions to add one flight attendant to the minimum 
flight attendant complement for each flight

[[Page 457]]

crewmember who is in excess of the minimum number required in the 
aircraft type certificate data sheet and who is assigned to the aircraft 
under the provisions of subparts Q, R, and S, as applicable, of this 
part;
    (iv) Are approved by the Administrator and are described or 
referenced in the certificate holder's operations specifications; and
    (2) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of the written procedures that are required 
by paragraph (c)(1) of this section and that had been granted final 
approval, the certificate holder must, after notification by the 
Administrator, make any changes in the procedures that are found 
necessary by the Administrator. Within 30 days after the certificate 
holder receives such notice, it may file a petition to reconsider the 
notice with the certificate-holding district office. The filing of a 
petition to reconsider stays the notice, pending decision by the 
Administrator. However, if the Administrator finds that an emergency 
requires immediate action in the interest of safety, the Administrator 
may, upon a statement of the reasons, require a change effective without 
stay.

[Amdt. 121-241, 59 FR 42991, Aug. 19, 1994, as amended by Amdt. 121-253, 
61 FR 2612, Jan. 26, 1996]



   Subpart Q--Flight Time Limitations and Rest Requirements: Domestic 
                               Operations

    Source: Docket No. 23634, 50 FR 29319, July 18, 1985.



Sec. 121.470  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for domestic operations, except that:
    (a) Certificate holders conducting operations with airplanes having 
a passenger seat configuration of 30 seats or fewer, excluding each 
crewmember seat, and a payload capacity of 7,500 pounds or less, may 
comply with the applicable requirements of Secs. 135.261 through 135.273 
of this chapter.
    (b) Certificate holders conducting scheduled operations entirely 
within the States of Alaska or Hawaii with airplanes having a passenger 
seat configuration of more than 30 seats, excluding each crewmember 
seat, or a payload capacity of more than 7,500 pounds, may comply with 
the requirements of subpart R of this part for those operations.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.471  Flight time limitations and rest requirements: All flight crewmembers.

    (a) No certificate holder conducting domestic operations may 
schedule any flight crewmember and no flight crewmember may accept an 
assignment for flight time in scheduled air transportation or in other 
commercial flying if that crewmember's total flight time in all 
commercial flying will exceed--
    (1) 1,000 hours in any calendar year;
    (2) 100 hours in any calendar month;
    (3) 30 hours in any 7 consecutive days;
    (4) 8 hours between required rest periods.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder conducting domestic operations 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

[[Page 458]]

begin no later than 24 hours after the commencement of the reduced rest 
period.
    (3) A rest required under paragraph (b)(3) of this section may be 
scheduled for or reduced to a minimum of 9 hours if the flight 
crewmember is given a rest period of at least 12 hours that must begin 
no later than 24 hours after the commencement of the reduced rest 
period.
    (4) No certificate holder may assign, nor may any flight crewmember 
perform any flight time with the certificate holder unless the flight 
crewmember has had at least the minimum rest required under this 
paragraph.
    (d) Each certificate holder conducting domestic operations shall 
relieve each flight crewmember engaged in scheduled air transportation 
from all further duty for at least 24 consecutive hours during any 7 
consecutive days.
    (e) No certificate holder conducting domestic operations may assign 
any flight crewmember and no flight crewmember may accept assignment to 
any duty with the air carrier during any required rest period.
    (f) Time spent in transportation, not local in character, that 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.
    (g) A flight crewmember is not considered to be scheduled for flight 
time in excess of flight time limitations if the flights to which he is 
assigned are scheduled and normally terminate within the limitations, 
but due to circumstances beyond the control of the certificate holder 
(such as adverse weather conditions), are not at the time of departure 
expected to reach their destination within the scheduled time.

[Doc. No. 23634, 50 FR 29319, July 18, 1985, as amended by Amdt. 121-
253, 61 FR 2612, Jan. 26, 1996]



           Subpart R--Flight Time Limitations: Flag Operations

    Source: Docket No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, 
Mar. 19, 1965, unless otherwise noted.



Sec. 121.480  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for flag operations, except that certificate holders 
conducting operations with airplanes having a passenger seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less, may comply with the 
applicable requirements of Secs. 135.261 through 135.273 of this 
chapter.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.481   Flight time limitations: One or two pilot crews.

    (a) A certificate holder conducting flag operations may schedule a 
pilot to fly in an airplane that has a crew of one or two pilots for 
eight hours or less during any 24 consecutive hours without a rest 
period during these eight hours.
    (b) If a certificate holder conducting flag operations schedules a 
pilot to fly more than eight hours during any 24 consecutive hours, it 
shall give him an intervening rest period, at or before the end of eight 
scheduled hours of flight duty. This rest period must be at least twice 
the number of hours flown since the preceding rest period, but not less 
than eight hours. The certificate holder shall relieve that pilot of all 
duty with it during that rest period.
    (c) Each pilot who has flown more than eight hours during 24 
consecutive hours must be given at least 18 hours of rest before being 
assigned to any duty with the certificate holder.
    (d) No pilot may fly more than 32 hours during any seven consecutive 
days, and each pilot must be relieved from all duty for at least 24 
consecutive hours at least once during any seven consecutive days.
    (e) No pilot may fly as a member of a crew more than 100 hours 
during any one calendar month.

[[Page 459]]

    (f) No pilot may fly as a member of a crew more than 1,000 hours 
during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.483   Flight time limitations: Two pilots and one additional flight crewmember.

    (a) No certificate holder conducting flag operations may schedule a 
pilot to fly, in an airplane that has a crew of two pilots and at least 
one additional flight crewmember, for a total of more than 12 hours 
during any 24 consecutive hours.
    (b) If a pilot has flown 20 or more hours during any 48 consecutive 
hours or 24 or more hours during any 72 consecutive hours, he must be 
given at least 18 hours of rest before being assigned to any duty with 
the air carrier. In any case, he must be given at least 24 consecutive 
hours of rest during any seven consecutive days.
    (c) No pilot may fly as a flight crewmember more than--
    (1) 120 hours during any 30 consecutive days;
    (2) 300 hours during any 90 consecutive days; or
    (3) 1,000 hours during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.485   Flight time limitations: Three or more pilots and an additional flight crewmember.

    (a) Each certificate holder conducting flag operations shall 
schedule its flight hours to provide adequate rest periods on the ground 
for each pilot who is away from his base and who is a pilot on an 
airplane that has a crew of three or more pilots and an additional 
flight crewmember. It shall also provide adequate sleeping quarters on 
the airplane whenever a pilot is scheduled to fly more than 12 hours 
during any 24 consecutive hours.
    (b) The certificate holder conducting flag operations shall give 
each pilot, upon return to his base from any flight or series of 
flights, a rest period that is at least twice the total number of hours 
he flew since the last rest period at his base. During the rest period 
required by this paragraph, the air carrier may not require him to 
perform any duty for it. If the required rest period is more than seven 
days, that part of the rest period in excess of seven days may be given 
at any time before the pilot is again scheduled for flight duty on any 
route.
    (c) No pilot may fly as a flight crewmember more than--
    (1) 350 hours during any 90 consecutive days; or
    (2) 1,000 hours during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.487   Flight time limitations: Pilots not regularly assigned.

    (a) Except as provided in paragraphs (b) through (e) of this 
section, a pilot who is not regularly assigned as a flight crewmember 
for an entire calendar month under Sec. 121.483 or 121.485 may not fly 
more than 100 hours in any 30 consecutive days.
    (b) The monthly flight time limitations for a pilot who is scheduled 
for duty aloft for more than 20 hours in two-pilot crews in any calendar 
month, or whose assignment in such a crew is interrupted more than once 
in that calendar month by assignment to a crew consisting of two or more 
pilots and an additional flight crewmember, are those set forth in 
Sec. 121.481.
    (c) Except for a pilot covered by paragraph (b) of this section, the 
monthly and quarterly flight time limitations for a pilot who is 
scheduled for duty aloft for more than 20 hours in two-pilot and 
additional flight crewmember crews in any calendar month, or whose 
assignment in such a crew is interrupted more than once in that calendar 
month by assignment to a crew consisting of three pilots and additional 
flight crewmember, are those set forth in Sec. 121.483.
    (d) The quarterly flight time limitations for a pilot to whom 
paragraphs (b) and (c) of this section do not apply and who is scheduled 
for duty aloft for a total of not more than 20 hours within any calendar 
month in two-pilot crews (with or without additional

[[Page 460]]

flight crewmembers) are those set forth in Sec. 121.485.
    (e) The monthly and quarterly flight time limitations for a pilot 
assigned to each of two-pilot, two-pilot and additional flight 
crewmember, and three-pilot and additional flight crewmember crews in a 
given calendar month, and who is not subject to paragraph (b), (c), or 
(d) of this section, are those set forth in Sec. 121.483.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, 
Mar. 19, 1965, as amended by Amdt. 121-137, 42 FR 43973, Sept. 1, 1977]



Sec. 121.489  Flight time limitations: Other commercial flying.

    No pilot that is employed as a pilot by a certificate holder 
conducting flag operations may do any other commercial flying if that 
commercial flying plus his flying in air transportation will exceed any 
flight time limitation in this part.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.491   Flight time limitations: Deadhead transportation.

    Time spent in deadhead transportation to or from duty assignment is 
not considered to be a part of a rest period.



Sec. 121.493   Flight time limitations: Flight engineers and flight navigators.

    (a) In any operation in which one flight engineer or flight 
navigator is required, the flight time limitations in Sec. 121.483 apply 
to that flight engineer or flight navigator.
    (b) In any operation in which more than one flight engineer or 
flight navigator is required, the flight time limitations in 
Sec. 121.485 apply to those flight engineers or flight navigators.



       Subpart S--Flight Time Limitations: Supplemental Operations

    Source: Docket No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, 
Mar. 19, 1965, unless otherwise noted.



Sec. 121.500  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for supplemental operations, except that certificate 
holders conducting operations with airplanes having a passenger seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less, may comply with the 
applicable requirements of Secs. 135.261 through 135.273 of this 
chapter.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.503   Flight time limitations: Pilots: airplanes.

    (a) A certificate holder conducting supplemental operations may 
schedule a pilot to fly in an airplane for eight hours or less during 
any 24 consecutive hours without a rest period during those eight hours.
    (b) Each pilot who has flown more than eight hours during any 24 
consecutive hours must be given at least 16 hours of rest before being 
assigned to any duty with the certificate holder.
    (c) Each certificate holder conducting supplemental operations shall 
relieve each pilot from all duty for at least 24 consecutive hours at 
least once during any seven consecutive days.
    (d) No pilot may fly as a crewmember in air transportation more than 
100 hours during any 30 consecutive days.
    (e) No pilot may fly as a crewmember in air transportation more than 
1,000 hours during any calendar year.
    (f) Notwithstanding paragraph (a) of this section, the certificate 
holder may, in conducting a transcontinental nonstop flight, schedule a 
flight crewmember for more than eight but not more than 10 hours of 
continuous duty aloft without an intervening rest period, if--
    (1) The flight is in an airplane with a pressurization system that 
is operative at the beginning of the flight;
    (2) The flight crew consists of at least two pilots and a flight 
engineer; and
    (3) The certificate holder uses, in conducting the operation, an 
air/ground communication service that is independent of systems operated 
by the United States, and a dispatch organization, both of which are 
approved by the Administrator as adequate to serve the terminal points 
concerned.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]

[[Page 461]]



Sec. 121.505   Flight time limitations: Two pilot crews: airplanes.

    (a) If a certificate holder conducting supplemental operations 
schedules a pilot to fly more than eight hours during any 24 consecutive 
hours, it shall give him an intervening rest period at or before the end 
of eight scheduled hours of flight duty. This rest period must be at 
least twice the number of hours flown since the preceding rest period, 
but not less than eight hours. The certificate holder conducting 
supplemental operations shall relieve that pilot of all duty with it 
during that rest period.
    (b) No pilot of an airplane that has a crew of two pilots may be on 
duty for more than 16 hours during any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.507  Flight time limitations: Three pilot crews: Airplanes.

    (a) No certificate holder conducting supplemental operations may 
schedule a pilot--
    (1) For flight deck duty in an airplane that has a crew of three 
pilots for more than eight hours in any 24 consecutive hours; or
    (2) To be aloft in an airplane that has a crew of three pilot for 
more than 12 hours in any 24 consecutive hours.
    (b) No pilot of an airplane that has a crew of three pilots may be 
on duty for more than 18 hours in any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.509   Flight time limitations: Four pilot crews: airplanes.

    (a) No certificate holder conducting supplemental operations may 
schedule a pilot--
    (1) For flight deck duty in an airplane that has a crew of four 
pilots for more than eight hours in any 24 consecutive hours; or
    (2) To be aloft in an airplane that has a crew of four pilots for 
more than 16 hours in any 24 consecutive hours.
    (b) No pilot of an airplane that has a crew of four pilots may be on 
duty for more than 20 hours in any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.511   Flight time limitations: Flight engineers: airplanes.

    (a) In any operation in which one flight engineer is serving the 
flight time limitations in Secs. 121.503 and 121.505 apply to that 
flight engineer.
    (b) In any operation in which more than one flight engineer is 
serving and the flight crew contains more than two pilots the flight 
time limitations in Sec. 121.509 apply in place of those in 
Sec. 121.505.



Sec. 121.513   Flight time limitations: Overseas and international operations: airplanes.

    In place of the flight time limitations in Secs. 121.503 through 
121.511, a certificate holder conducting supplemental operations may 
elect to comply with the flight time limitations of Secs. 121.515 and 
121.521 through 121.525 for operations conducted--
    (a) Between a place in the 48 contiguous States and the District of 
Columbia, or Alaska, and any place outside thereof;
    (b) Between any two places outside the 48 contiguous States, the 
District of Columbia, and Alaska; or
    (c) Between two places within the State of Alaska or the State of 
Hawaii.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.515   Flight time limitations: All airmen: airplanes.

    No airman may be aloft as a flight crewmember more than 1,000 hours 
in any 12-calendar-month period.



Sec. 121.517  Flight time limitations: Other commercial flying: airplanes.

    No airman who is employed by a certificate holder conducting 
supplemental operations may do any other commercial flying, if that 
commercial flying plus his flying in operations under this part will 
exceed any flight time limitation in this part.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]

[[Page 462]]



Sec. 121.519   Flight time limitations: Deadhead transportation: airplanes.

    Time spent by an airman in deadhead transportation to or from a duty 
assignment is not considered to be part of any rest period.



Sec. 121.521   Flight time limitations: Crew of two pilots and one additional airman as required.

    (a) No certificate holder conducting supplemental operations may 
schedule an airman to be aloft as a member of the flight crew in an 
airplane that has a crew of two pilots and at least one additional 
flight crewmember for more than 12 hours during any 24 consecutive 
hours.
    (b) If an airman has been aloft as a member of a flight crew for 20 
or more hours during any 48 consecutive hours or 24 or more hours during 
any 72 consecutive hours, he must be given at least 18 hours of rest 
before being assigned to any duty with the certificate holder. In any 
case, he must be relieved of all duty for at least 24 consecutive hours 
during any seven consecutive days.
    (c) No airman may be aloft as a flight crewmember more than--
    (1) 120 hours during any 30 consecutive days; or
    (2) 300 hours during any 90 consecutive days.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as amended by Amdt. 121-17, 
31 FR 1147, Jan. 28, 1966; Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.523   Flight time limitations: Crew of three or more pilots and additional airmen as required.

    (a) No certificate holder conducting supplemental operations may 
schedule an airman for flight deck duty as a flight engineer, or 
navigator in a crew of three or more pilots and additional airmen for a 
total of more than 12 hours during any 24 consecutive hours.
    (b) Each certificate holder conducting supplemental operations shall 
schedule its flight hours to provide adequate rest periods on the ground 
for each airman who is away from his principal operations base. It shall 
also provide adequate sleeping quarters on the airplane whenever an 
airman is scheduled to be aloft as a flight crewmember for more than 12 
hours during any 24 consecutive hours.
    (c) No certificate holder conducting supplemental operations may 
schedule any flight crewmember to be on continuous duty for more than 30 
hours. Such a crewmember is considered to be on continuous duty from the 
time he reports for duty until the time he is released from duty for a 
rest period of at least 10 hours on the ground. If a flight crewmember 
is on continuous duty for more than 24 hours (whether scheduled or not) 
duty any scheduled duty period, he must be given at least 16 hours for 
rest on the ground after completing the last flight scheduled for that 
scheduled duty period before being assigned any further flight duty.
    (d) If a flight crewmember is required to engage in deadhead 
transportation for more than four hours before beginning flight duty, 
one half of the time spent in deadhead transportation must be treated as 
duty time for the purpose of complying with duty time limitations, 
unless he is given at least 10 hours of rest on the ground before being 
assigned to flight duty.
    (e) Each certificate holder conducting supplemental operations shall 
give each airman, upon return to his operations base from any flight or 
series of flights, a rest period that is at least twice the total number 
of hours he was aloft as a flight crewmember since the last rest period 
at his base, before assigning him to any further duty. If the required 
rest period is more than seven days, that part of the rest period that 
is more than seven days may be given at any time before the pilot is 
again scheduled for flight duty.
    (f) No airman may be aloft as a flight crewmember for more than 350 
hours in any 90 consecutive days.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.525   Flight time limitations: Pilots serving in more than one kind of flight crew.

    (a) This section applies to each pilot assigned during any 30 
consecutive days to more than one type of flight crew.
    (b) The flight time limitations for a pilot who is scheduled for 
duty aloft for

[[Page 463]]

more than 20 hours in two-pilot crews in 30 consecutive days, or whose 
assignment in such a crew is interrupted more than once in any 30 
consecutive days by assignment to a crew of two or more pilots and an 
additional flight crewmember, are those listed in Secs. 121.503 through 
121.509, as appropriate.
    (c) Except for a pilot covered by paragraph (b) of this section, the 
flight time limitations for a pilot scheduled for duty aloft for more 
than 20 hours in two-pilot and additional flight crewmember crews in 30 
consecutive days or whose assignment in such a crew is interrupted more 
than once in any 30 consecutive days by assignment to a crew consisting 
of three pilots and an additional flight crewmember, are those set forth 
in Sec. 121.521.
    (d) The flight time limitations for a pilot to whom paragraphs (b) 
and (c) of this section do not apply, and who is scheduled for duty 
aloft for a total of not more than 20 hours within 30 consecutive days 
in two-pilot crews (with or without additional flight crewmembers) are 
those set forth in Sec. 121.523.
    (e) The flight time limitations for a pilot assigned to each of two-
pilot, two-pilot and additional flight crewmember, and three-pilot and 
additional flight crewmember crews in 30 consecutive days, and who is 
not subject to paragraph (b), (c), or (d) of this section, are those 
listed in Sec. 121.523.



                      Subpart T--Flight Operations

    Source: Docket No. 6258, 29 FR 19219, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.531   Applicability.

    This subpart prescribes requirements for flight operations 
applicable to all certificate holders, except where otherwise specified.



Sec. 121.533   Responsibility for operational control: Domestic operations.

    (a) Each certificate holder conducting domestic operations is 
responsible for operational control.
    (b) The pilot in command and the aircraft dispatcher are jointly 
responsible for the preflight planning, delay, and dispatch release of a 
flight in compliance with this chapter and operations specifications.
    (c) The aircraft dispatcher is responsible for--
    (1) Monitoring the progress of each flight;
    (2) Issuing necessary information for the safety of the flight; and
    (3) Cancelling or redispatching a flight if, in his opinion or the 
opinion of the pilot in command, the flight cannot operate or continue 
to operate safely as planned or released.
    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and airplane.
    (e) Each pilot in command has full control and authority in the 
operation of the aircraft, without limitation, over other crewmembers 
and their duties during flight time, whether or not he holds valid 
certificates authorizing him to perform the duties of those crewmembers.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.535   Responsibility for operational control: Flag operations.

    (a) Each certificate holder conducting flag operations is 
responsible for operational control.
    (b) The pilot in command and the aircraft dispatcher are jointly 
responsible for the preflight planning, delay, and dispatch release of a 
flight in compliance with this chapter and operations specifications.
    (c) The aircraft dispatcher is responsible for--
    (1) Monitoring the progress of each flight;
    (2) Issuing necessary instructions and information for the safety of 
the flight; and
    (3) Cancelling or redispatching a flight if, in his opinion or the 
opinion of the pilot in command, the flight cannot operate or continue 
to operate safely as planned or released.

[[Page 464]]

    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and airplane.
    (e) Each pilot in command has full control and authority in the 
operation of the aircraft, without limitation, over other crewmembers 
and their duties during flight time, whether or not he holds valid 
certificates authorizing him to perform the duties of those crewmembers.
    (f) No pilot may operate an aircraft in a careless or reckless 
manner so as to endanger life or property.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.537   Responsibility for operational control: Supplemental operations.

    (a) Each certificate holder conducting supplemental operations--
    (1) Is responsible for operational control; and
    (2) Shall list each person authorized by it to exercise operational 
control in its operator's manual.
    (b) The pilot in command and the director of operations are jointly 
responsible for the initiation, continuation, diversion, and termination 
of a flight in compliance with this chapter and the operations 
specifications. The director of operations may delegate the functions 
for the initiation, continuation, diversion, and termination of a flight 
but he may not delegate the responsibility for those functions.
    (c) The director of operations is responsible for cancelling, 
diverting, or delaying a flight if in his opinion or the opinion of the 
pilot in command the flight cannot operate or continue to operate safely 
as planned or released. The director of operations is responsible for 
assuring that each flight is monitored with respect to at least the 
following:
    (1) Departure of the flight from the place of origin and arrival at 
the place of destination, including intermediate stops and any 
diversions therefrom.
    (2) Maintenance and mechanical delays encountered at places of 
origin and destination and intermediate stops.
    (3) Any known conditions that may adversely affect the safety of 
flight.
    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and aircraft. The pilot in command 
has full control and authority in the operation of the aircraft, without 
limitation, over other crewmembers and their duties during flight time, 
whether or not he holds valid certificates authorizing him to perform 
the duties of those crewmembers.
    (e) Each pilot in command of an aircraft is responsible for the 
preflight planning and the operation of the flight in compliance with 
this chapter and the operations specifications.
    (f) No pilot may operate an aircraft, in a careless or reckless 
manner, so as to endanger life or property.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.538  Airplane security.

    Certificate holders conducting operations under this part shall 
comply with the applicable security requirements in part 108 of this 
chapter.

[Doc. No. 108, 46 FR 3790, Jan. 15, 1981]



Sec. 121.539   Operations notices.

    Each certificate holder shall notify its appropriate operations 
personnel of each change in equipment and operating procedures, 
including each known change in the use of navigation aids, airports, air 
traffic control procedures and regulations, local airport traffic 
control rules, and known hazards to flight, including icing and other 
potentially hazardous meteorological conditions and irregularities in 
ground and navigation facilities.



Sec. 121.541  Operations schedules: Domestic and flag operations.

    In establishing flight operations schedules, each certificate holder 
conducting domestic or flag operations shall allow enough time for the 
proper servicing of aircraft at intermediate stops, and shall consider 
the prevailing

[[Page 465]]

winds en route and the cruising speed of the type of aircraft used. This 
cruising speed may not be more than that resulting from the specified 
cruising output of the engines.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.542  Flight crewmember duties.

    (a) No certificate holder shall require, nor may any flight 
crewmember perform, any duties during a critical phase of flight except 
those duties required for the safe operation of the aircraft. Duties 
such as company required calls made for such nonsafety related purposes 
as ordering galley supplies and confirming passenger connections, 
announcements made to passengers promoting the air carrier or pointing 
out sights of interest, and filling out company payroll and related 
records are not required for the safe operation of the aircraft.
    (b) No flight crewmember may engage in, nor may any pilot in command 
permit, any activity during a critical phase of flight which could 
distract any flight crewmember from the performance of his or her duties 
or which could interfere in any way with the proper conduct of those 
duties. Activities such as eating meals, engaging in nonessential 
conversations within the cockpit and nonessential communications between 
the cabin and cockpit crews, and reading publications not related to the 
proper conduct of the flight are not required for the safe operation of 
the aircraft.
    (c) For the purposes of this section, critical phases of flight 
includes all ground operations involving taxi, takeoff and landing, and 
all other flight operations conducted below 10,000 feet, except cruise 
flight.

    Note: Taxi is defined as ``movement of an airplane under its own 
power on the surface of an airport.''

[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981]



Sec. 121.543  Flight crewmembers at controls.

    (a) Except as provided in paragraph (b) of this section, each 
required flight crewmember on flight deck duty must remain at the 
assigned duty station with seat belt fastened while the aircraft is 
taking off or landing, and while it is en route.
    (b) A required flight crewmember may leave the assigned duty 
station--
    (1) If the crewmember's absence is necessary for the performance of 
duties in connection with the operation of the aircraft;
    (2) If the crewmember's absence is in connection with physiological 
needs; or
    (3) If the crewmember is taking a rest period, and relief is 
provided--
    (i) In the case of the assigned pilot in command during the en route 
cruise portion of the flight, by a pilot who holds an airline transport 
pilot certificate and an appropriate type rating, is currently qualified 
as pilot in command or second in command, and is qualified as pilot in 
command of that aircraft during the en route cruise portion of the 
flight. A second in command qualified to act as a pilot in command en 
route need not have completed the following pilot in command 
requirements: The 6-month recurrent flight training required by 
Sec. 121.433(c)(1)(iii); the operating experience required by 
Sec. 121.434; the takeoffs and landings required by Sec. 121.439; the 
line check required by Sec. 121.440; and the 6-month proficiency check 
or simulator training required by Sec. 121.441(a)(1); and
    (ii) In the case of the assigned second in command, by a pilot 
qualified to act as second in command of that aircraft during en route 
operations. However, the relief pilot need not meet the recent 
experience requirements of Sec. 121.439(b).

[Doc. No. 16383, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-179, 
47 FR 33390, Aug. 2, 1982]



Sec. 121.545  Manipulation of controls.

    No pilot in command may allow any person to manipulate the controls 
of an aircraft during flight nor may any person manipulate the controls 
during flight unless that person is--
    (a) A qualified pilot of the certificate holder operating that 
aircraft.
    (b) An authorized pilot safety representative of the Administrator 
or of the National Transportation Safety Board who has the permission of 
the pilot in command, is qualified in the

[[Page 466]]

aircraft, and is checking flight operations; or
    (c) A pilot of another certificate holder who has the permission of 
the pilot in command, is qualified in the aircraft, and is authorized by 
the certificate holder operating the aircraft.

[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 121-144, 43 FR 22648, May 25, 1978]



Sec. 121.547   Admission to flight deck.

    (a) No person may admit any person to the flight deck of an aircraft 
unless the person being admitted is--
    (1) A crewmember;
    (2) An FAA air carrier inspector, or an authorized representative of 
the National Transportation Safety Board, who is performing official 
duties;
    (3) An employee of the United States, a certificate holder, or an 
aeronautical enterprise who has the permission of the pilot in command 
and whose duties are such that admission to the flight deck is necessary 
or advantageous for safe operations; or
    (4) Any person who has the permission of the pilot in command and is 
specifically authorized by the certificate holder management and by the 
Administrator.

Paragraph (a)(2) of this section does not limit the emergency authority 
of the pilot in command to exclude any person from the flight deck in 
the interests of safety.
    (b) For the purposes of paragraph (a)(3) of this section, employees 
of the United States who deal responsibly with matters relating to 
safety and employees of the certificate holder whose efficiency would be 
increased by familiarity with flight conditions, may be admitted by the 
certificate holder. However, the certificate holder may not admit 
employees of traffic, sales, or other departments that are not directly 
related to flight operations, unless they are eligible under paragraph 
(a)(4) of this section.
    (c) No person may admit any person to the flight deck unless there 
is a seat available for his use in the passenger compartment, except--
    (1) An FAA air carrier inspector or an authorized representative of 
the Administrator or National Transportation Safety Board who is 
checking or observing flight operations;
    (2) An air traffic controller who is authorized by the Administrator 
to observe ATC procedures;
    (3) A certificated airman employed by the certificate holder whose 
duties require an airman certificate;
    (4) A certificated airman employed by another certificate holder 
whose duties with that certificate holder require an airman certificate 
and who is authorized by the certificate holder operating the aircraft 
to make specific trips over a route;
    (5) An employee of the certificate holder operating the aircraft 
whose duty is directly related to the conduct or planning of flight 
operations or the inflight monitoring of aircraft equipment or operating 
procedures, if his presence on the flight deck is necessary to perform 
his duties and he has been authorized in writing by a responsible 
supervisor, listed in the Operations Manual as having that authority; 
and
    (6) A technical representative of the manufacturer of the aircraft 
or its components whose duties are directly related to the in-flight 
monitoring of aircraft equipment or operating procedures, if his 
presence on the flight deck is necessary to perform his duties, and he 
has been authorized in writing by the Administrator and by a responsible 
supervisor of the operations department of the certificate holder, 
listed in the Operations Manual as having that authority.

[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.548  Aviation safety inspector's credentials: Admission to pilot's compartment.

    Whenever, in performing the duties of conducting an inspection, an 
inspector of the Federal Aviation Administration presents form FAA 110A, 
``Aviation Safety Inspector's Credential,'' to the pilot in command of 
an aircraft operated by a certificate holder, the inspector must be 
given free and uninterrupted access to the pilot's compartment of that 
aircraft.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]

[[Page 467]]



Sec. 121.549   Flying equipment.

    (a) The pilot in command shall ensure that appropriate aeronautical 
charts containing adequate information concerning navigation aids and 
instrument approach procedures are aboard the aircraft for each flight.
    (b) Each crewmember shall, on each flight, have readily available 
for his use a flashlight that is in good working order.



Sec. 121.550   Secret Service Agents: Admission to flight deck.

    Whenever an Agent of the Secret Service who is assigned the duty of 
protecting a person aboard an aircraft operated by a certificate holder 
considers it necessary in the performance of his duty to ride on the 
flight deck of the aircraft, he must, upon request and presentation of 
his Secret Service credentials to the pilot in command of the aircraft, 
be admitted to the flight deck and permitted to occupy an observer seat 
thereon.

[Doc. No. 9031, 35 FR 12061, July 28, 1970, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.551  Restriction or suspension of operation: Domestic and flag operations.

    When a certificate holder conducting domestic or flag operations 
knows of conditions, including airport and runway conditions, that are a 
hazard to safe operations, it shall restrict or suspend operations until 
those conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.553  Restriction or suspension of operation: Supplemental operations.

    When a certificate holder conducting supplemental operations 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 until those conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.555   Compliance with approved routes and limitations: Domestic and flag operations.

    No pilot may operate an airplane in scheduled air transportation--
    (a) Over any route or route segment unless it is specified in the 
certificate holder's operations specifications; or
    (b) Other than in accordance with the limitations in the operations 
specifications.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.557   Emergencies: Domestic and flag operations.

    (a) In an emergency situation that requires immediate decision and 
action the pilot in command may take any action that he considers 
necessary under the circumstances. In such a case he may deviate from 
prescribed operations procedures and methods, weather minimums, and this 
chapter, to the extent required in the interests of safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by an aircraft dispatcher, and that is 
known to him, the aircraft dispatcher shall advise the pilot in command 
of the emergency, shall ascertain the decision of the pilot in command, 
and shall have the decision recorded. If the aircraft dispatcher cannot 
communicate with the pilot, he shall declare an emergency and take any 
action that he considers necessary under the circumstances.
    (c) Whenever a pilot in command or dispatcher exercises emergency 
authority, he shall keep the appropriate ATC facility and dispatch 
centers fully informed of the progress of the flight. The person 
declaring the emergency shall send a written report of any deviation 
through the certificate holder's operations manager, to the 
Administrator. A dispatcher shall send his report within 10 days after 
the date of the emergency, and a pilot in command shall send his report 
within 10 days after returning to his home base.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]

[[Page 468]]



Sec. 121.559   Emergencies: Supplemental operations.

    (a) In an emergency situation that requires immediate decision and 
action, the pilot in command may take any action that he considers 
necessary under the circumstances. In such a case, he may deviate from 
prescribed operations, procedures and methods, weather minimums, and 
this chapter, to the extent required in the interests of safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by appropriate management personnel in the 
case of operations conducted with a flight following service and which 
is known to them, those personnel shall advise the pilot in command of 
the emergency, shall ascertain the decision of the pilot in command, and 
shall have the decision recorded. If they cannot communicate with the 
pilot, they shall declare an emergency and take any action that they 
consider necessary under the circumstances.
    (c) Whenever emergency authority is exercised, the pilot in command 
or the appropriate management personnel shall keep the appropriate 
ground radio station fully informed of the progress of the flight. The 
person declaring the emergency shall send a written report of any 
deviation, through the certificate holder's director of operations, to 
the Administrator within 10 days after the flight is completed or, in 
the case of operations outside the United States, upon return to the 
home base.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.561   Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities.

    (a) Whenever he encounters a meteorological condition or an 
irregularity in a ground or navigational facility, in flight, the 
knowledge of which he considers essential to the safety of other 
flights, the pilot in command shall notify an appropriate ground station 
as soon as practicable.
    (b) The ground radio station that is notified under paragraph (a) of 
this section shall report the information to the agency directly 
responsible for operating the facility.



Sec. 121.563  Reporting mechanical irregularities.

    The pilot in command shall ensure that all mechanical irregularities 
occurring during flight time are entered in the maintenance log of the 
airplane at the end of that flight time. Before each flight the pilot in 
command shall ascertain the status of each irregularity entered in the 
log at the end of the preceding flight.

[Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt. 121-
179, 47 FR 33390, Aug. 2, 1982] h



Sec. 121.565   Engine inoperative: Landing; reporting.

    (a) Except as provided in paragraph (b) of this section, whenever an 
engine of an airplane fails or whenever the rotation of an engine is 
stopped to prevent possible damage, the pilot in command shall land the 
airplane at the nearest suitable airport, in point of time, at which a 
safe landing can be made.
    (b) If not more than one engine of an airplane that has three or 
more engines fails or its rotation is stopped, the pilot in command may 
proceed to an airport that he selects if, after considering the 
following, he decides that proceeding to that airport is as safe as 
landing at the nearest suitable airport:
    (1) The nature of the malfunction and the possible mechanical 
difficulties that may occur if flight is continued.
    (2) The altitude, weight, and usable fuel at the time of engine 
stoppage.
    (3) The weather conditions en route and at possible landing points.
    (4) The air traffic congestion.
    (5) The kind of terrain.
    (6) His familiarity with the airport to be used.
    (c) The pilot in command shall report each stoppage of engine 
rotation in flight to the appropriate ground radio station as soon as 
practicable and shall keep that station fully informed of the progress 
of the flight.
    (d) If the pilot in command lands at an airport other than the 
nearest suitable airport, in point of time, he or she shall (upon 
completing the trip) send a written report, in duplicate, to his or

[[Page 469]]

her director of operations stating the reasons for determining that the 
selection of an airport, other than the nearest airport, was as safe a 
course of action as landing at the nearest suitable airport. The 
director of operations shall, within 10 days after the pilot returns to 
his or her home base, send a copy of this report with the director of 
operation's comments to the certificate-holding district office.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.567   Instrument approach procedures and IFR landing minimums.

    No person may make an instrument approach at an airport except in 
accordance with IFR weather minimums and instrument approach procedures 
set forth in the certificate holder's operations specifications.



Sec. 121.569   Equipment interchange: Domestic and flag operations.

    (a) Before operating under an interchange agreement, each 
certificate holder conducting domestic or flag operations shall show 
that--
    (1) The procedures for the interchange operation conform with this 
chapter and with safe operating practices;
    (2) Required crewmembers and dispatchers meet approved training 
requirements for the airplanes and equipment to be used and are familiar 
with the communications and dispatch procedures to be used;
    (3) Maintenance personnel meet training requirements for the 
airplanes and equipment, and are familiar with the maintenance 
procedures to be used;
    (4) Flight crewmembers and dispatchers meet appropriate route and 
airport qualifications; and
    (5) The airplanes to be operated are essentially similar to the 
airplanes of the certificate holder with whom the interchange is 
effected with respect to the arrangement of flight instruments and the 
arrangement and motion of controls that are critical to safety unless 
the Administrator determines that the certificate holder has adequate 
training programs to insure that any potentially hazardous 
dissimilarities are safely overcome by flight crew familiarization.
    (b) Each certificate holder conducting domestic or flag operations 
shall include the pertinent provisions and procedures involved in the 
equipment interchange agreement in its manuals.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.570  Airplane evacuation capability.

    (a) No person may cause an airplane carrying passengers to be moved 
on the surface, take off, or land unless each automatically deployable 
emergency evacuation assisting means, installed pursuant to 
Sec. 121.310(a), is ready for evacuation.
    (b) Each certificate holder shall ensure that, at all times 
passengers are on board prior to airplane movement on the surface, at 
least one floor-level exit provides for the egress of passengers through 
normal or emergency means.

[Doc No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.571   Briefing passengers before takeoff.

    (a) Each certificate holder operating a passenger-carrying airplane 
shall insure that all passengers are orally briefed by the appropriate 
crewmember as follows:
    (1) Before each takeoff, on each of the following:
    (i) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited including, but not limited 
to, any applicable 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, posted placards, areas designated for safety purposes as no 
smoking areas, and crewmember instructions with regard to these items. 
The briefing shall also include a statement that Federal law prohibits 
tampering with, disabling, or destroying any smoke detector in an 
airplane lavatory; smoking in lavatories; and, when applicable, smoking 
in passenger compartments.
    (ii) The location of emergency exits.

[[Page 470]]

    (iii) The use of safety belts, including instructions on how to 
fasten and unfasten the safety belts. Each passenger shall be briefed on 
when, where, and under what conditions the safety belt must be fastened 
about that passenger. This briefing shall include a statement that the 
Federal Aviation Regulations require passenger compliance with lighted 
passenger information signs and crewmember instructions concerning the 
use of safety belts.
    (iv) The location and use of any required emergency flotation means.
    (v) On operations that do not use a flight attendant, the following 
additional information:
    (A) The placement of seat backs in an upright position before 
takeoff and landing.
    (B) Location of survival equipment.
    (C) If the flight involves operations above 12,000 MSL, the normal 
and emergency use of oxygen.
    (D) Location and operation of fire extinguisher.
    (2) After each takeoff, immediately before or immediately after 
turning the seat belt sign off, an announcement shall be made that 
passengers should keep their seat belts fastened, while seated, even 
when the seat belt sign is off.
    (3) Except as provided in paragraph (a)(4) of this section, before 
each takeoff a required crewmember assigned to the flight shall conduct 
an individual briefing of each person who may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency. In the briefing the required crewmember shall--
    (i) Brief the person and his attendant, if any, on the routes to 
each appropriate exit and on the most appropriate time to begin moving 
to an exit in the event of an emergency; and
    (ii) Inquire of the person and his attendant, if any, as to the most 
appropriate manner of assisting the person so as to prevent pain and 
further injury.
    (4) The requirements of paragraph (a)(3) of this section do not 
apply to a person who has been given a briefing before a previous leg of 
a flight in the same aircraft when the crewmembers on duty have been 
advised as to the most appropriate manner of assisting the person so as 
to prevent pain and further injury.
    (b) Each certificate holder shall carry on each passenger-carrying 
airplane, in convenient locations for use of each passenger, printed 
cards supplementing the oral briefing and containing--
    (1) Diagrams of, and methods of operating, the emergency exits; and
    (2) Other instructions necessary for use of emergency equipment.

Each card required by this paragraph must contain information that is 
pertinent only to the type and model airplane used for that flight.
    (c) The certificate holder shall describe in its manual the 
procedure to be followed in the briefing required by paragraph (a) of 
this section.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 
FR 13268, Sept. 20, 1967; Amdt. 121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 
121-133, 42 FR 18394, Apr. 7, 1977; Amdt. 121-144, 43 FR 22648, May 25, 
1978; Amdt. 121-146, 43 FR 28403, June 29, 1978; Amdt. 121-196, 53 FR 
12362, Apr. 13, 1988; Amdt. 121-230, 57 FR 42674, Sept. 15, 1992; Amdt. 
121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.573   Briefing passengers: Extended overwater operations.

    (a) In addition to the oral briefing required by Sec. 121.571(a), 
each certificate holder operating an airplane in extended overwater 
operations shall ensure that all passengers are orally briefed by the 
appropriate crewmember on the location and operation of life preservers, 
liferafts, and other flotation means, including a demonstration of the 
method of donning and inflating a life preserver.
    (b) The certificate holder shall describe in its manual the 
procedure to be followed in the briefing required by paragraph (a) of 
this section.
    (c) If the airplane proceeds directly over water after takeoff, the 
briefing required by paragraph (a) of this section must be done before 
takeoff.
    (d) If the airplane does not proceed directly over water after 
takeoff, no part of the briefing required by paragraph (a) of this 
section has to be given before takeoff, but the entire briefing

[[Page 471]]

must be given before reaching the overwater part of the flight.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-144, 
43 FR 22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978]



Sec. 121.574   Oxygen for medical use by passengers.

    (a) A certificate holder may allow a passenger to carry and operate 
equipment for the storage, generation, or dispensing of oxygen when the 
following conditions are met:
    (1) The equipment is--
    (i) Furnished by the certificate holder;
    (ii) Of an approved type or is in conformity with the manufacturing, 
packaging, marking, labeling, and maintenance requirements of 49 CFR 
parts 171, 172, and 173, except Sec. 173.24(a)(1);
    (iii) Maintained by the certificate holder in accordance with an 
approved maintenance program;
    (iv) Free of flammable contaminants on all exterior surfaces;
    (v) Capable of providing a minimum mass flow of oxygen to the user 
of four liters per minute;
    (vi) Constructed so that all valves, fittings, and gauges are 
protected from damage; and
    (vii) Appropriately secured.
    (2) When the oxygen is stored in the form of a liquid, the equipment 
has been under the certificate holder's approved maintenance program 
since its purchase new or since the storage container was last purged.
    (3) When the oxygen is stored in the form of a compressed gas as 
defined in 49 CFR 173.300(a)--
    (i) The equipment has been under the certificate holder's approved 
maintenance program since its purchase new or since the last hydrostatic 
test of the storage cylinder; and
    (ii) The pressure in any oxygen cylinder does not exceed the rated 
cylinder pressure.
    (4) Each person using the equipment has a medical need to use it 
evidenced by a written statement to be kept in that person's possession, 
signed by a licensed physician which specifies the maximum quantity of 
oxygen needed each hour and the maximum flow rate needed for the 
pressure altitude corresponding to the pressure in the cabin of the 
airplane under normal operating conditions. This paragraph does not 
apply to the carriage of oxygen in an airplane in which the only 
passengers carried are persons who may have a medical need for oxygen 
during flight, no more than one relative or other interested person for 
each of those persons, and medical attendants.
    (5) When a physician's statement is required by paragraph (a)(4) of 
this section, the total quantity of oxygen carried is equal to the 
maximum quantity of oxygen needed each hour, as specified in the 
physician's statement, multiplied by the number of hours used to compute 
the amount of airplane fuel required by this part.
    (6) The pilot in command is advised when the equipment is on board, 
and when it is intended to be used.
    (7) The equipment is stowed, and each person using the equipment is 
seated, so as not to restrict access to or use of any required 
emergency, or regular exit or of the aisle in the passenger compartment.
    (b) No person may, and no certificate holder may allow any person 
to, smoke within 10 feet of oxygen storage and dispensing equipment 
carried in accordance with paragraph (a) of this section.
    (c) No certificate holder may allow any person to connect or 
disconnect oxygen dispensing equipment, to or from a gaseous oxygen 
cylinder while any passenger is aboard the airplane.
    (d) The requirements of this section do not apply to the carriage of 
supplemental or first-aid oxygen and related equipment required by this 
chapter.

[Doc. No. 12169, 39 FR 42677, Dec. 6, 1974, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980]



Sec. 121.575   Alcoholic beverages.

    (a) No person may drink any alcoholic beverage aboard an aircraft 
unless the certificate holder operating the aircraft has served that 
beverage to him.
    (b) No certificate holder may serve any alcoholic beverage to any 
person aboard any of its aircraft who--
    (1) Appears to be intoxicated;
    (2) Is escorting a person or being escorted in accordance with 
Sec. 108.21; or

[[Page 472]]

    (3) Has a deadly or dangerous weapon accessible to him while aboard 
the aircraft in accordance with Sec. 108.11.
    (c) No certificate holder may allow any person to board any of its 
aircraft if that person appears to be intoxicated.
    (d) Each certificate holder shall, within five days after the 
incident, report to the Administrator the refusal of any person to 
comply with paragraph (a) of this section, or of any disturbance caused 
by a person who appears to be intoxicated aboard any of its aircraft.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-118, 
40 FR 17552, Apr. 21, 1975; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982]



Sec. 121.576  Retention of items of mass in passenger and crew compartments.

    The certificate holder must provide and use means to prevent each 
item of galley equipment and each serving cart, when not in use, and 
each item of crew baggage, which is carried in a passenger or crew 
compartment from becoming a hazard by shifting under the appropriate 
load factors corresponding to the emergency landing conditions under 
which the airplane was type certificated.

[Doc. No. 16383, 43 FR 22648, May 25, 1978]



Sec. 121.577  Stowage of food, beverage, and passenger service equipment during airplane movement on the surface, takeoff, and landing.

    (a) No certificate holder may move an airplane on the surface, take 
off, or land when any food, beverage, or tableware furnished by the 
certificate holder is located at any passenger seat.
    (b) No certificate holder may move an airplane on the surface, take 
off, or land unless each food and beverage tray and seat back tray table 
is secured in its stowed position.
    (c) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each passenger serving cart is secured 
in its stowed position.
    (d) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each movie screen that extends into an 
aisle is stowed.
    (e) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.578   Cabin ozone concentration.

    (a) For the purpose of this section, the following definitions 
apply:
    (1) Flight segment means scheduled nonstop flight time between two 
airports.
    (2) Sea level equivalent refers to conditions of 25 deg. C and 760 
millimeters of mercury pressure.
    (b) Except as provided in paragraphs (d) and (e) of this section, no 
certificate holder may operate an airplane above the following flight 
levels unless it is successfully demonstrated to the Administrator that 
the concentration of ozone inside the cabin will not exceed--
    (1) For flight above flight level 320, 0.25 parts per million by 
volume, sea level equivalent, at any time above that flight level; and
    (2) For flight above flight level 270, 0.1 parts per million by 
volume, sea level equivalent, time-weighted average for each flight 
segment that exceeds 4 hours and includes flight above that flight 
level. (For this purpose, the amount of ozone below flight level 180 is 
considered to be zero.)
    (c) Compliance with this section must be shown by analysis or tests, 
based on either airplane operational procedures and performance 
limitations or the certificate holder's operations. The analysis or 
tests must show either of the following:
    (1) Atmospheric ozone statistics indicate, with a statistical 
confidence of at least 84%, that at the altitudes and locations at which 
the airplane will be operated cabin ozone concentrations will not exceed 
the limits prescribed by paragraph (b) of this section.
    (2) The airplane ventilation system including any ozone control 
equipment, will maintain cabin ozone concentrations at or below the 
limits prescribed by paragraph (b) of this section.
    (d) A certificate holder may obtain an authorization to deviate from 
the requirements of paragraph (b) of this section, by an amendment to 
its operations specifications, if--

[[Page 473]]

    (1) It shows that due to circumstances beyond its control or to 
unreasonable economic burden it cannot comply for a specified period of 
time; and
    (2) It has submitted a plan acceptable to the Administrator to 
effect compliance to the extent possible.
    (e) A certificate holder need not comply with the requirements of 
paragraph (b) of this section for an aircraft--
    (1) When the only persons carried are flight crewmembers and persons 
listed in Sec. 121.583;
    (2) If the aircraft is scheduled for retirement before January 1, 
1985; or
    (3) If the aircraft is scheduled for re-engining under the 
provisions of subpart E of part 91, until it is re-engined.

[Doc. No. 121-154, 45 FR 3883, Jan. 21, 1980. Redesignated by Amdt. 121-
162, 45 FR 46739, July 10, 1980, and amended by Amdt. 121-181, 47 FR 
58489, Dec. 30, 1982; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.579   Minimum altitudes for use of autopilot.

    (a) En route operations. Except as provided in paragraphs (b) and 
(c) of this section, no person may use an autopilot en route, including 
climb and descent, at an altitude above the terrain that is less than 
twice the maximum altitude loss specified in the Airplane Flight Manual 
for a malfunction of the autopilot under cruise conditions, or less than 
500 feet, whichever is higher.
    (b) Approaches. When using an instrument approach facility, no 
person may use an autopilot at an altitude above the terrain that is 
less than twice the maximum altitude loss specified in the Airplane 
Flight Manual for a malfunction of the autopilot under approach 
conditions, or less than 50 feet below the approved minimum descent 
altitude or decision height for the facility, whichever is higher, 
except--
    (1) When reported weather conditions are less than the basic VFR 
weather conditions in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at an altitude 
above the terrain that is less than 50 feet higher than the maximum 
altitude loss specified in the Airplane Flight Manual for the 
malfunction of the autopilot with approach coupler under approach 
conditions; and
    (2) When reported weather conditions are equal to or better than the 
basic VFR minimums in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at an altitude 
above the terrain that is less than the maximum altitude loss specified 
in the Airplane Flight Manual for the malfunction of the autopilot with 
approach coupler under approach conditions, or 50 feet, whichever is 
higher.
    (c) Notwithstanding paragraph (a) or (b) of this section, the 
Administrator issues operations specifications to allow the use, to 
touchdown, of an approved flight control guidance system with automatic 
capability, in any case in which--
    (1) The system does not contain any altitude loss (above zero) 
specified in the Airplane Flight Manual for malfunction of the autopilot 
with approach coupler; and
    (2) He finds that the use of the system to touchdown will not 
otherwise affect the safety standards required by this section.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-13, 
30 FR 14781, Nov. 30, 1965; Amdt. 121-33, 32 FR 13912, Oct. 6, 1967; 
Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-206, 54 FR 34331, 
Aug. 18, 1989]



Sec. 121.581  Observer's seat: En route inspections.

    (a) Except as provided in paragraph (c) of this section, each 
certificate holder shall make available a seat on the flight deck of 
each airplane, used by it in air commerce, for occupancy by the 
Administrator while conducting en route inspections. The location and 
equipment of the seat, with respect to its suitability for use in 
conducting en route inspections, is determined by the Administrator.
    (b) In each airplane that has more than one observer's seat, in 
addition to the seats required for the crew complement for which the 
airplane was certificated, the forward observer's seat or the observer's 
seat selected by the Administrator must be made available when complying 
with paragraph (a) of this section.
    (c) For any airplane type certificated before December 20, 1995 for 
not more than 30 passengers that does not have

[[Page 474]]

an observer seat on the flight deck, the certificate holder must provide 
a forward passenger seat with headset or speaker for occupancy by the 
Administrator while conducting en route inspections. Notwithstanding the 
requirements of Sec. 121.587, the cockpit door, if required, may remain 
open during such inspections.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22648, May 25, 1978; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.583   Carriage of persons without compliance with the passenger-carrying requirements of this part.

    (a) When authorized by the certificate holder, the following 
persons, but no others, may be carried aboard an airplane without 
complying with the passenger-carrying airplane requirements in 
Secs. 121.309(f), 121.310, 121.391, 121.571, and 121.587; the passenger-
carrying operation requirements in Secs. 121.157(c) and 121.291; and the 
requirements pertaining to passengers in Secs. 121.285, 121.313(f), 
121.317, 121.547, and 121.573:
    (1) A crewmember.
    (2) A company employee.
    (3) An FAA air carrier inspector, or an authorized representative of 
the National Transportation Safety Board, who is performing official 
duties.
    (4) A person necessary for--
    (i) The safety of the flight;
    (ii) The safe handling of animals;
    (iii) The safe handling of hazardous materials whose carriage is 
governed by regulations in 49 CFR part 175;
    (iv) The security of valuable or confidential cargo;
    (v) The preservation of fragile or perishable cargo;
    (vi) Experiments on, or testing of, cargo containers or cargo 
handling devices;
    (vii) The operation of special equipment for loading or unloading 
cargo; and
    (viii) The loading or unloading of outsize cargo.
    (5) A person described in paragraph (a)(4) of this section, when 
traveling to or from his assignment.
    (6) A person performing duty as an honor guard accompanying a 
shipment made by or under the authority of the United States.
    (7) A military courier, military route supervisor, military cargo 
contract coordinator, or a flight crewmember of another military cargo 
contract air carrier or commercial operator, carried by a military cargo 
contract air carrier or commercial operator in operations under a 
military cargo contract, if that carriage is specifically authorized by 
the appropriate armed forces.
    (8) A dependent of an employee of the certificate holder when 
traveling with the employee on company business to or from outlying 
stations not served by adequate regular passenger flights.
    (b) No certificate holder may operate an airplane carrying a person 
covered by paragraph (a) of this section unless--
    (1) Each person has unobstructed access from his seat to the pilot 
compartment or to a regular or emergency exit;
    (2) The pilot in command has a means of notifying each person when 
smoking is prohibited and when safety belts must be fastened; and
    (3) The airplane has an approved seat with an approved safety belt 
for each person. The seat must be located so that the occupant is not in 
any position to interfere with the flight crewmembers performing their 
duties.
    (c) Before each takeoff, each certificate holder operating an 
airplane carrying persons covered by paragraph (a) of this section shall 
ensure that all such persons have been orally briefed by the appropriate 
crewmember on--
    (1) Smoking;
    (2) The use of seat belts;
    (3) The location and operation of emergency exits;
    (4) The use of oxygen and emergency oxygen equipment; and
    (5) For extended overwater operations, the location of life rafts, 
and the location and operation of life preservers including a 
demonstration of the method of donning and inflating a life preserver.
    (d) Each certificate holder operating an airplane carrying persons 
covered by paragraph (a) of this section shall incorporate procedures 
for the safe carriage of such persons into the certificate holder's 
operations manual.

[[Page 475]]

    (e) The pilot in command may authorize a person covered by paragraph 
(a) of this section to be admitted to the crew compartment of the 
airplane.

[Doc. No. 10580, 35 FR 14612, Sept. 18, 1970, as amended by Amdt. 121-
96, 37 FR 19608, Sept. 21, 1972; Amdt. 121-159, 45 FR 41594, June 19, 
1980; Amdt. 121-232, 57 FR 48663, Oct. 27, 1992; Amdt. 121-251, 60 FR 
65935, Dec. 20, 1995; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.585  Exit seating.

    (a)(1) 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 an exit 
seat, in accordance with this section. For the purpose of this section--
    (i) Exit seat means--
    (A) Each seat having direct access to an exit; and,
    (B) Each seat in a row of seats through which passengers would have 
to pass to gain access to an exit, from the first seat inboard of the 
exit to the first aisle inboard of the exit.
    (ii) A passenger seat having ``direct access'' means a seat from 
which a passenger can proceed directly to the exit without entering an 
aisle or passing around an obstruction.
    (2) Each certificate holder shall make the passenger exit seating 
determinations required by this paragraph in a non-discriminatory manner 
consistent with the requirements of this section, by persons designated 
in the certificate holder's required operations manual.
    (3) Each certificate holder shall designate the exit seats for each 
passenger seating configuration in its fleet in accordance with the 
definitions in this paragraph and submit those designations for approval 
as part of the procedures required to be submitted for approval under 
paragraphs (n) and (p) of this 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 similar in size and weight to over-wing 
exit doors;
    (vi) To reach the emergency exit expeditiously;
    (vii) To maintain balance while removing obstructions;
    (viii) To exit expeditiously;
    (ix) To stabilize an escape slide after deployment; or
    (x) To assist others in getting off an escape slide;
    (2) The person is less than 15 years of age or lacks the capacity to 
perform one or more of the applicable functions listed in paragraph (d) 
of this section without the assistance of an adult companion, parent, or 
other relative;
    (3) The person lacks the ability to read and understand instructions 
required by this section and related to emergency evacuation provided by 
the certificate holder in printed or graphic form or the ability to 
understand oral crew commands.
    (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

[[Page 476]]

    (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 seating restrictions established in accordance with 
this section.
    (d) Each certificate holder shall include on passenger information 
cards, presented in the language in which briefings and oral commands 
are given by the crew, at each exit 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 seat may use if 
called upon to perform the following functions:
    (1) Locate the emergency exit;
    (2) Recognize the emergency exit opening mechanism;
    (3) Comprehend the instructions for operating the emergency exit;
    (4) Operate the emergency exit;
    (5) Assess whether opening the emergency exit will increase the 
hazards to which passengers may be exposed;
    (6) Follow oral directions and hand signals given by a crewmember;
    (7) Stow or secure the emergency exit door so that it will not 
impede use of the exit;
    (8) Assess the condition of an escape slide, activate the slide, and 
stabilize the slide after deployment to assist others in getting off the 
slide;
    (9) Pass expeditiously through the emergency exit; and
    (10) Assess, select, and follow a safe path away from the emergency 
exit.
    (e) Each certificate holder shall include on passenger information 
cards, at each exit seat--
    (1) In the primary language in which emergency commands are given by 
the crew, the selection criteria set forth in paragraph (b) of this 
section, and a request that a passenger identify himself or herself to 
allow reseating if he or she:
    (i) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (ii) Has a nondiscernible condition that will prevent him or her 
from performing the applicable functions listed in paragraph (d) of this 
section;
    (iii) May suffer bodily harm as the result of performing one or more 
of those functions; or
    (iv) Does not wish to perform those functions; and
    (2) In each language used by the certificate holder for passenger 
information cards, a request that a passenger identify himself or 
herself to allow reseating if he or she lacks the ability to read, 
speak, or understand the language or the graphic form in which 
instructions required by this section and related to emergency 
evacuation are provided by the certificate holder, or the ability to 
understand the specified language in which crew commands will be given 
in an emergency.
    (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 may allow taxi or pushback unless at least 
one required crewmember has verified that no exit 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--

[[Page 477]]

    (1) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (2) Has a nondiscernible condition that will prevent him or her from 
performing the applicable functions listed in paragraph (d) of this 
section;
    (3) May suffer bodily harm as the result of performing one or more 
of those functions listed in paragraph (d) of this section; or,
    (4) Does not wish to perform those functions listed in paragraph (d) 
of this section.

A certificate holder shall not require the passenger to disclose his or 
her reason for needing reseating.
    (j) [Reserved]
    (k) In the event a certificate holder determines in accordance with 
this section that it is likely that a passenger assigned to an exit seat 
would be unable to perform the functions listed in paragraph (d) of this 
section or a passenger requests a non-exit seat, the certificate holder 
shall expeditiously relocate the passenger to a non-exit seat.
    (l) In the event of full booking in the non-exit seats and if 
necessary to accommodate a passenger being relocated from an exit seat, 
the certificate holder shall move a passenger who is willing and able to 
assume the evacuation functions that may be required, to an exit 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 seating restrictions established in accordance with 
this section, or
    (2) The only seat that will physically accommodate the person's 
handicap is an exit 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 seats, 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 certificate-
holding district office.
    (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.

[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as amended by Amdt. 121-232, 
57 FR 48663, Oct. 27, 1992; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.586  Authority to refuse transportation.

    (a) No certificate holder may refuse transportation to a passenger 
on the basis that, because the passenger may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency, his transportation would or might be inimical to safety of 
flight unless--
    (1) The certificate holder has established procedures (including 
reasonable notice requirements) for the carriage of passengers who may 
need the assistance of another person to move expeditiously to an exit 
in the event of an emergency; and
    (2) At least one of the following conditions exist:
    (i) The passenger fails to comply with the notice requirements in 
the certificate holder's procedures.
    (ii) The passenger cannot be carried in accordance with the 
certificate holder's procedures.

[[Page 478]]

    (b) Each certificate holder shall provide the certificate-holding 
district office with a copy of each procedure it establishes in 
accordance with paragraph (a)(2) of this section.
    (c) Whenever the Administrator finds that revisions in the 
procedures described in paragraph (a)(2) of this section are necessary 
in the interest of safety or in the public interest, the certificate 
holder, after notification by the Administrator, shall make those 
revisions in its procedures. Within 30 days after the certificate holder 
receives such notice, it may file a petition to reconsider the notice 
with the certificate-holding district office. The filing of a petition 
to reconsider stays the notice pending a decision by the Administrator. 
However, if the Administrator finds that there is an emergency that 
requires immediate action in the interest of safety in air commerce, he 
may, upon a statement of the reasons, require a change effective without 
stay.
    (d) Each certificate holder shall make available to the public at 
each airport it serves a copy of each procedure it establishes in 
accordance with paragraph (a)(1) of this section.

[Doc. No. 12881, 42 FR 18394, Apr. 7, 1977, as amended by Amdt. 121-174, 
46 FR 38051, July 23, 1981; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.587   Closing and locking of flight crew compartment door.

    (a) Except as provided in paragraph (b) of this section, a pilot in 
command of an airplane that has a lockable flight crew compartment door 
in accordance with Sec. 121.313 and that is carrying passengers shall 
ensure that the door separating the flight crew compartment from the 
passenger compartment is closed and locked during flight.
    (b) The provisions of paragraph (a) of this section do not apply--
    (1) During takeoff and landing if the crew compartment door is the 
means of access to a required passenger emergency exit or a floor level 
exit; or
    (2) At any time that it is necessary to provide access to the flight 
crew or passenger compartment, to a crewmember in the performance of his 
duties or for a person authorized admission to the flight crew 
compartment under Sec. 121.547.
    (3) When a jumpseat is being used by persons authorized under 
Sec. 121.547 in airplanes in which closing and locking the flight crew 
compartment door is impossible while the jumpseat is in use.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-14, 
30 FR 15655, Dec. 18, 1965; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.589  Carry-on baggage.

    (a) No certificate holder may allow the boarding of carry-on baggage 
on an airplane unless each passenger's baggage has been scanned to 
control the size and amount carried on board in accordance with an 
approved carry-on baggage program in its operations specifications. In 
addition, no passenger may board an airplane if his/her carry-on baggage 
exceeds the baggage allowance prescribed in the carry-on baggage program 
in the certificate holder's operations specifications.
    (b) No certificate holder may allow all passenger entry doors of an 
airplane to be closed in preparation for taxi or pushback unless at 
least one required crewmember has verified that each article of baggage 
is stowed in accordance with this section and Sec. 121.285 (c) and (d).
    (c) No certificate holder may allow an airplane to take off or land 
unless each article of baggage is stowed:
    (1) In a suitable closet or baggage or cargo stowage compartment 
placarded for its maximum weight and providing proper restraint for all 
baggage or cargo stowed within, and in a manner that does not hinder the 
possible use of any emergency equipment; or
    (2) As provided in Sec. 121.285 (c) and (d); or
    (3) Under a passenger seat.
    (d) Baggage, other than articles of loose clothing, may not be 
placed in an overhead rack unless that rack is equipped with approved 
restraining devices or doors.
    (e) Each passenger must comply with instructions given by 
crewmembers regarding compliance with paragraphs (a), (b), (c), (d), and 
(g) of this section.
    (f) Each passenger seat under which baggage is allowed to be stowed 
shall

[[Page 479]]

be fitted with a means to prevent articles of baggage stowed under it 
from sliding forward. In addition, each aisle seat shall be fitted with 
a means to prevent articles of baggage stowed under it from sliding 
sideward into the aisle under crash impacts severe enough to induce the 
ultimate inertia forces specified in the emergency landing condition 
regulations under which the airplane was type certificated.
    (g) In addition to the methods of stowage in paragraph (c) of this 
section, flexible travel canes carried by blind individuals may be 
stowed--
    (1) Under any series of connected passenger seats in the same row, 
if the cane does not protrude into an aisle and if the cane is flat on 
the floor; or
    (2) Between a nonemergency exit window seat and the fuselage, if the 
cane is flat on the floor; or
    (3) Beneath any two nonemergency exit window seats, if the cane is 
flat on the floor; or
    (4) In accordance with any other method approved by the 
Administrator.

[Doc. No. 24996, 52 FR 21476, June 5, 1987, as amended by Amdt. 121-251, 
60 FR 65935, Dec. 20, 1995]



Sec. 121.590  Use of certificated land airports.

    (a) Except as provided in paragraph (b) of this section or unless 
otherwise authorized by the Administrator, no air carrier, and no pilot 
being used by an air carrier may, in the conduct of operations governed 
by this part, operate an aircraft into a land airport in any State of 
the United States, the District of Columbia, or any territory or 
possession of the United States, unless that airport is certificated 
under part 139 of this chapter. However, an air carrier may designate 
and use as a required alternate airport for departure or destination an 
airport that is not certificated under part 139 of this chapter.
    (b) Certificate holders conducting passenger-carrying operations 
with airplanes designed for less than 31 passenger seats may operate 
those airplanes into airports not certificated under part 139 of this 
chapter if the following conditions are met:
    (1) The airport is adequate for the proposed operation, considering 
such items as size, surface, obstructions, and lighting.
    (2) For an airplane carrying passengers at night, the pilot may not 
take off from, or land at, an airport unless--
    (i) The 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
    (ii) The limits of the area to be used for landing or takeoff are 
clearly shown by boundary or runway marker lights. 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.

[Doc. No. 28154, 60 FR 65935, Dec. 20, 1995]



             Subpart U--Dispatching and Flight Release Rules

    Source: Docket No. 6258, 29 FR 19222, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.591  Applicability.

    This subpart prescribes dispatching rules for domestic and flag 
operations and flight release rules for supplemental operations.

[Doc. No. 28154, 61 FR 2614, Jan. 26, 1996]



Sec. 121.593   Dispatching authority: Domestic operations.

    Except when an airplane lands at an intermediate airport specified 
in the original dispatch release and remains there for not more than one 
hour, no person may start a flight unless an aircraft dispatcher 
specifically authorizes that flight.



Sec. 121.595   Dispatching authority: Flag operations.

    (a) No person may start a flight unless an aircraft dispatcher 
specifically authorizes that flight.
    (b) No person may continue a flight from an intermediate airport 
without redispatch if the airplane has been on the ground more than six 
hours.

[[Page 480]]



Sec. 121.597   Flight release authority: Supplemental operations.

    (a) No person may start a flight under a flight following system 
without specific authority from the person authorized by the operator to 
exercise operational control over the flight.
    (b) No person may start a flight unless the pilot in command or the 
person authorized by the operator to exercise operational control over 
the flight has executed a flight release setting forth the conditions 
under which the flights will be conducted. The pilot in command may sign 
the flight release only when he and the person authorized by the 
operator to exercise operational control believe that the flight can be 
made with safety.
    (c) No person may continue a flight from an intermediate airport 
without a new flight release if the aircraft has been on the ground more 
than six hours.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3639, Mar. 19, 1965]



Sec. 121.599   Familiarity with weather conditions.

    (a) Domestic and flag operations. No aircraft dispatcher may release 
a flight unless he is thoroughly familiar with reported and forecast 
weather conditions on the route to be flown.
    (b) Supplemental operations. No pilot in command may begin a flight 
unless he is thoroughly familiar with reported and forecast weather 
conditions on the route to be flown.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.601   Aircraft dispatcher information to pilot in command: Domestic and flag operations.

    (a) The aircraft dispatcher shall provide the pilot in command all 
available current reports or information on airport conditions and 
irregularities of navigation facilities that may affect the safety of 
the flight.
    (b) Before beginning a flight, the aircraft dispatcher shall provide 
the pilot in command with all available weather reports and forecasts of 
weather phenomena that may affect the safety of flight, including 
adverse weather phenomena, such as clear air turbulence, thunderstorms, 
and low altitude wind shear, for each route to be flown and each airport 
to be used.
    (c) During a flight, the aircraft dispatcher shall provide the pilot 
in command any additional available information of meteorological 
conditions (including adverse weather phenomena, such as clear air 
turbulence, thunderstorms, and low altitude wind shear), and 
irregularities of facilities and services that may affect the safety of 
the flight.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-134, 
42 FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25, 1978; 
Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.603   Facilities and services: Supplemental operations.

    (a) Before beginning a flight, each pilot in command shall obtain 
all available current reports or information on airport conditions and 
irregularities of navigation facilities that may affect the safety of 
the flight.
    (b) During a flight, the pilot in command shall obtain any 
additional available information of meteorological conditions and 
irregularities of facilities and services that may affect the safety of 
the flight.



Sec. 121.605   Airplane equipment.

    No person may dispatch or release an airplane unless it is airworthy 
and is equipped as prescribed in Sec. 121.303.



Sec. 121.607   Communication and navigation facilities: Domestic and flag operations.

    (a) Except as provided in paragraph (b) of this section for a 
certificate holder conducting flag operations, no person may dispatch an 
airplane over an approved route or route segment unless the 
communication and navigation facilities required by Secs. 121.99 and 
121.103 for the approval of that route or segment are in satisfactory 
operating condition.
    (b) If, because of technical reasons or other reasons beyond the 
control of a certificate holder conducting flag operations, the 
facilities required by Secs. 121.99 and 121.103 are not available over a 
route or route segment outside

[[Page 481]]

the United States, the certificate holder may dispatch an airplane over 
that route or route segment if the pilot in command and dispatcher find 
that communication and navigation facilities equal to those required are 
available and are in satisfactory operating condition.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.609   Communication and navigation facilities: Supplemental operations.

    No person may release an aircraft over any route or route segment 
unless communication and navigation facilities equal to those required 
by Sec. 121.121 are in satisfactory operating condition.



Sec. 121.611   Dispatch or flight release under VFR.

    No person may dispatch or release an aircraft for VFR operation 
unless the ceiling and visibility en route, as indicated by available 
weather reports or forecasts, or any combination thereof, are and will 
remain at or above applicable VFR minimums until the aircraft arrives at 
the airport or airports specified in the dispatch or flight release.



Sec. 121.613   Dispatch or flight release under IFR or over the top.

    Except as provided in Sec. 121.615, no person may dispatch or 
release an aircraft for operations under IFR or over-the-top, unless 
appropriate weather reports or forecasts, or any combination thereof, 
indicate that the weather conditions will be at or above the authorized 
minimums at the estimated time of arrival at the airport or airports to 
which dispatched or released.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967]



Sec. 121.615   Dispatch or flight release over water: Flag and supplemental operations.

    (a) No person may dispatch or release an aircraft for a flight that 
involves extended overwater operation unless appropriate weather reports 
or forecasts or any combination thereof, indicate that the weather 
conditions will be at or above the authorized minimums at the estimated 
time of arrival at any airport to which dispatched or released or to any 
required alternate airport.
    (b) Each certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska shall 
conduct extended overwater operations under IFR unless it shows that 
operating under IFR is not necessary for safety.
    (c) Each certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska shall 
conduct other overwater operations under IFR if the Administrator 
determines that operation under IFR is necessary for safety.
    (d) Each authorization to conduct extended overwater operations 
under VFR and each requirement to conduct other overwater operations 
under IFR will be specified in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.617   Alternate airport for departure.

    (a) If the weather conditions at the airport of takeoff are below 
the landing minimums in the certificate holder's operations 
specifications for that airport, no person may dispatch or release an 
aircraft from that airport unless the dispatch or flight release 
specifies an alternate airport located within the following distances 
from the airport of takeoff:
    (1) Aircraft having two engines. Not more than one hour from the 
departure airport at normal cruising speed in still air with one engine 
inoperative.
    (2) Aircraft having three or more engines. Not more than two hours 
from the departure airport at normal cruising speed in still air with 
one engine inoperative.
    (b) For the purpose of paragraph (a) of this section, the alternate 
airport weather conditions must meet the requirements of the certificate 
holder's operations specifications.
    (c) No person may dispatch or release an aircraft from an airport 
unless he lists each required alternate airport in the dispatch or 
flight release.

[[Page 482]]



Sec. 121.619   Alternate airport for destination: IFR or over-the-top: Domestic operations.

    (a) No person may dispatch an airplane under IFR or over-the-top 
unless he lists at least one alternate airport for each destination 
airport in the dispatch release. When the weather conditions forecast 
for the destination and first alternate airport are marginal at least 
one additional alternate must be designated. However, no alternate 
airport is required if for at least 1 hour before and 1 hour after the 
estimated time of arrival at the destination airport the appropriate 
weather reports or forecasts, or any combination of them, indicate--
    (1) The ceiling will be at least 2,000 feet above the airport 
elevation; and
    (2) Visibility will be at least 3 miles.
    (b) For the purposes of paragraph (a) of this section, the weather 
conditions at the alternate airport must meet the requirements of 
Sec. 121.625.
    (c) No person may dispatch a flight unless he lists each required 
alternate airport in the dispatch release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980]



Sec. 121.621   Alternate airport for destination: Flag operations.

    (a) No person may dispatch an airplane under IFR or over-the-top 
unless he lists at least one alternate airport for each destination 
airport in the dispatch release, unless--
    (1) The flight is scheduled for not more than 6 hours and, for at 
least 1 hour before and 1 hour after the estimated time of arrival at 
the destination airport, the appropriate weather reports or forecasts, 
or any combination of them, indicate the ceiling will be:
    (i) At least 1,500 feet above the lowest circling MDA, if a circling 
approach is required and authorized for that airport; or
    (ii) At least 1,500 feet above the lowest published instrument 
approach minimum or 2,000 feet above the airport elevation, whichever is 
greater; and
    (iii) The visibility at that airport will be at least 3 miles, or 2 
miles more than the lowest applicable visibility minimums, whichever is 
greater, for the instrument approach procedures to be used at the 
destination airport; or
    (2) The flight is over a route approved without an available 
alternate airport for a particular destination airport and the airplane 
has enough fuel to meet the requirements of Sec. 121.641(b) or 
Sec. 121.645(c).
    (b) For the purposes of paragraph (a) of this section, the weather 
conditions at the alternate airport must meet the requirements of the 
certificate holder's operations specifications.
    (c) No person may dispatch a flight unless he lists each required 
alternate airport in the dispatch release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.623   Alternate airport for destination; IFR or over-the-top: Supplemental operations.

    (a) Except as provided in paragraph (b) of this section, each person 
releasing an aircraft for operation under IFR or over-the-top shall list 
at least one alternate airport for each destination airport in the 
flight release.
    (b) An alternate airport need not be designated for IFR or over-the-
top operations where the aircraft carries enough fuel to meet the 
requirements of Secs. 121.643 and 121.645 for flights outside the 48 
contiguous States and the District of Columbia over routes without an 
available alternate airport for a particular airport of destination.
    (c) For the purposes of paragraph (a) of this section, the weather 
requirements at the alternate airport must meet the requirements of the 
certificate holder's operations specifications.
    (d) No person may release a flight unless he lists each required 
alternate airport in the flight release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.625   Alternate airport weather minimums.

    No person may list an airport as an alternate airport in the 
dispatch or flight release unless the appropriate weather reports or 
forecasts, or any combination thereof, indicate that the

[[Page 483]]

weather conditions will be at or above the alternate weather minimums 
specified in the certificate holder's operations specifications for that 
airport when the flight arrives.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967]



Sec. 121.627   Continuing flight in unsafe conditions.

    (a) No pilot in command may allow a flight to continue toward any 
airport to which it has been dispatched or released if, in the opinion 
of the pilot in command or dispatcher (domestic and flag operations 
only), the flight cannot be completed safely; unless, in the opinion of 
the pilot in command, there is no safer procedure. In that event, 
continuation toward that airport is an emergency situation as set forth 
in Sec. 121.557.
    (b) If any instrument or item of equipment required under this 
chapter for the particular operation becomes inoperative en route, the 
pilot in command shall comply with the approved procedures for such an 
occurrence as specified in the certificate holder's manual.

[Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as amended by Amdt. 121-222, 
56 FR 12310, Mar. 22, 1991; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.628  Inoperable instruments and equipment.

    (a) No person may take off an airplane with inoperable instruments 
or equipment installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that airplane.
    (2) The certificate-holding district office has issued the 
certificate holder operations specifications authorizing operations in 
accordance with an approved Minimum Equipment List. The flight crew 
shall have direct access at all times prior to flight to all of the 
information contained in the approved Minimum Equipment List through 
printed or other means approved by the Administrator in the certificate 
holders operations specifications. An approved Minimum Equipment List, 
as authorized by the operations specifications, constitutes an approved 
change to the type design without requiring recertification.
    (3) The approved Minimum Equipment List must:
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section.
    (ii) Provide for the operation of the airplane with certain 
instruments and equipment in an inoperable condition.
    (4) Records identifying the inoperable instruments and equipment and 
the information required by paragraph (a)(3)(ii) of this section must be 
available to the pilot.
    (5) The airplane is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the operations 
specifications authorizing use of the Minimum Equipment List.
    (b) The following instruments and equipment may not be included in 
the Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
airplane is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an 
airplane with inoperable instruments or equipment may be operated under 
a special flight permit under Secs. 21.197 and 21.199 of this chapter.

[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991; Amdt. 121-222, 56 FR 14290, 
Apr. 8, 1991; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.629  Operation in icing conditions.

    (a) No person may dispatch or release an aircraft, continue to 
operate an aircraft en route, or land an aircraft when in the opinion of 
the pilot in command or aircraft dispatcher (domestic and flag 
operations only), icing conditions are expected or met that might 
adversely affect the safety of the flight.

[[Page 484]]

    (b) No person may take off an aircraft when frost, ice, or snow is 
adhering to the wings, control surfaces, propellers, engine inlets, or 
other critical surfaces of the aircraft or when the takeoff would not be 
in compliance with paragraph (c) of this section. Takeoffs with frost 
under the wing in the area of the fuel tanks may be authorized by the 
Administrator.
    (c) Except as provided in paragraph (d) of this section, no person 
may dispatch, release, or take off an aircraft any time conditions are 
such that frost, ice, or snow may reasonably be expected to adhere to 
the aircraft, unless the certificate holder has an approved ground 
deicing/anti-icing program in its operations specifications and unless 
the dispatch, release, and takeoff comply with that program. The 
approved ground deicing/anti-icing program must include at least the 
following items:
    (1) A detailed description of--
    (i) How the certificate holder determines that conditions are such 
that frost, ice, or snow may reasonably be expected to adhere to the 
aircraft and that ground deicing/anti-icing operational procedures must 
be in effect;
    (ii) Who is responsible for deciding that ground deicing/anti-icing 
operational procedures must be in effect;
    (iii) The procedures for implementing ground deicing/anti-icing 
operational procedures;
    (iv) The specific duties and responsibilities of each operational 
position or group responsible for getting the aircraft safely airborne 
while ground deicing/anti-icing operational procedures are in effect.
    (2) Initial and annual recurrent ground training and testing for 
flight crewmembers and qualification for all other affected personnel 
(e.g., aircraft dispatchers, ground crews, contract personnel) 
concerning the specific requirements of the approved program and each 
person's responsibilities and duties under the approved program, 
specifically covering the following areas:
    (i) The use of holdover times.
    (ii) Aircraft deicing/anti-icing procedures, including inspection 
and check procedures and responsibilities.
    (iii) Communications procedures.
    (iv) Aircraft surface contamination (i.e., adherence of frost, ice, 
or snow) and critical area identification, and how contamination 
adversely affects aircraft performance and flight characteristics.
    (v) Types and characteristics of deicing/anti-icing fluids.
    (vi) Cold weather preflight inspection procedures;
    (vii) Techniques for recognizing contamination on the aircraft.
    (3) The certificate holder's holdover timetables and the procedures 
for the use of these tables by the certificate holder's personnel. 
Holdover time is the estimated time deicing/anti-icing fluid will 
prevent the formation of frost or ice and the accumulation of snow on 
the protected surfaces of an aircraft. Holdover time begins when the 
final application of deicing/anti-icing fluid commences and expires when 
the deicing/anti-icing fluid applied to the aircraft loses its 
effectiveness. The holdover times must be supported by data acceptable 
to the Administrator. The certificate holder's program must include 
procedures for flight crewmembers to increase or decrease the determined 
holdover time in changing conditions. The program must provide that 
takeoff after exceeding any maximum holdover time in the certificate 
holder's holdover timetable is permitted only when at least one of the 
following conditions exists:
    (i) A pretakeoff contamination check, as defined in paragraph (c)(4) 
of this section, determines that the wings, control surfaces, and other 
critical surfaces, as defined in the certificate holder's program, are 
free of frost, ice, or snow.
    (ii) It is otherwise determined by an alternate procedure approved 
by the Administrator in accordance with the certificate holder's 
approved program that the wings, control surfaces, and other critical 
surfaces, as defined in the certificate holder's program, are free of 
frost, ice, or snow.
    (iii) The wings, control surfaces, and other critical surfaces are 
redeiced and a new holdover time is determined.
    (4) Aircraft deicing/anti-icing procedures and responsibilities, 
pretakeoff check procedures and responsibilities, and pretakeoff 
contamination check

[[Page 485]]

procedures and responsibilities. A pretakeoff check is a check of the 
aircraft's wings or representative aircraft surfaces for frost, ice, or 
snow within the aircraft's holdover time. A pretakeoff contamination 
check is a check to make sure the wings, control surfaces, and other 
critical surfaces, as defined in the certificate holder's program, are 
free of frost, ice, and snow. It must be conducted within five minutes 
prior to beginning take off. This check must be accomplished from 
outside the aircraft unless the program specifies otherwise.
    (d) A certificate holder may continue to operate under this section 
without a program as required in paragraph (c) of this section, if it 
includes in its operations specifications a requirement that, any time 
conditions are such that frost, ice, or snow may reasonably be expected 
to adhere to the aircraft, no aircraft will take off unless it has been 
checked to ensure that the wings, control surfaces, and other critical 
surfaces are free of frost, ice, and snow. The check must occur within 
five minutes prior to beginning takeoff. This check must be accomplished 
from outside the aircraft.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-231, 
57 FR 44942, Sept. 29, 1992; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.631   Original dispatch or flight release, redispatch or amendment of dispatch or flight release.

    (a) A certificate holder may specify any regular, provisional, or 
refueling airport, authorized for the type of aircraft, as a destination 
for the purpose of original dispatch or release.
    (b) No person may allow a flight to continue to an airport to which 
it has been dispatched or released unless the weather conditions at an 
alternate airport that was specified in the dispatch or flight release 
are forecast to be at or above the alternate minimums specified in the 
operations specifications for that airport at the time the aircraft 
would arrive at the alternate airport. However, the dispatch or flight 
release may be amended en route to include any alternate airport that is 
within the fuel range of the aircraft as specified in Secs. 121.639 
through 121.647.
    (c) No person may change an original destination or alternate 
airport that is specified in the original dispatch or flight release to 
another airport while the aircraft is en route unless the other airport 
is authorized for that type of aircraft and the appropriate requirements 
of Secs. 121.593 through 121.661 and 121.173 are met at the time of 
redispatch or amendment of the flight release.
    (d) Each person who amends a dispatch or flight release en route 
shall record that amendment.

[Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-65, 
35 FR 12709, Aug. 11, 1970]
Sec. 121.633  [Reserved]



Sec. 121.635  Dispatch to and from refueling or provisional airports: Domestic and flag operations.

    No person may dispatch an airplane to or from a refueling or 
provisional airport except in accordance with the requirements of this 
part applicable to dispatch from regular airports and unless that 
airport meets the requirements of this part applicable to regular 
airports.

[Doc. No. 16383, 43 FR 22649, May 25, 1978]



Sec. 121.637   Takeoffs from unlisted and alternate airports: Domestic and flag operations.

    (a) No pilot may takeoff an airplane from an airport that is not 
listed in the operations specifications unless--
    (1) The airport and related facilities are adequate for the 
operation of the airplane;
    (2) He can comply with the applicable airplane operating 
limitations;
    (3) The airplane has been dispatched according to dispatching rules 
applicable to operation from an approved airport; and
    (4) The weather conditions at that airport are equal to or better 
than the following:
    (i) Airports in the United States. The weather minimums for takeoff 
prescribed in part 97 of this chapter; or where minimums are not 
prescribed for the airport, 800-2, 900-1\1/2\, or 1,000-1.
    (ii) Airports outside the United States. The weather minimums for 
takeoff prescribed or approved by the government

[[Page 486]]

of the country in which the airport is located; or where minimums are 
not prescribed or approved for the airport, 800-2, 900-1\1/2\, or 1,000-
1.
    (b) No pilot may take off from an alternate airport unless the 
weather conditions are at least equal to the minimums prescribed in the 
certificate holder's operations specifications for alternate airports.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.639  Fuel supply: All domestic operations.

    No person may dispatch or take off an airplane unless it has enough 
fuel--
    (a) To fly to the airport to which it is dispatched;
    (b) Thereafter, to fly to and land at the most distant alternate 
airport (where required) for the airport to which dispatched; and
    (c) Thereafter, to fly for 45 minutes at normal cruising fuel 
consumption or, for certificate holders who are authorized to conduct 
day VFR operations in their operations specifications and who are 
operating nontransport category airplanes type certificated after 
December 31, 1964, to fly for 30 minutes at normal cruising fuel 
consumption for day VFR operations.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, by Amdt. 121-251, 60 FR 
65935, Dec. 20, 1995]



Sec. 121.641   Fuel supply: nonturbine and turbo-propeller-powered airplanes: Flag operations.

    (a) No person may dispatch or take off a nonturbine or turbo-
propeller-powered airplane unless, considering the wind and other 
weather conditions expected, it has enough fuel--
    (1) To fly to and land at the airport to which it is dispatched;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the dispatch release; and
    (3) Thereafter, to fly for 30 minutes plus 15 percent of the total 
time required to fly at normal cruising fuel consumption to the airports 
specified in paragraphs (a) (1) and (2) of this section or to fly for 90 
minutes at normal cruising fuel consumption, whichever is less.
    (b) No person may dispatch a nonturbine or turbo-propeller-powered 
airplane to an airport for which an alternate is not specified under 
Sec. 121.621(a)(2), unless it has enough fuel, considering wind and 
forecast weather conditions, to fly to that airport and thereafter to 
fly for three hours at normal cruising fuel consumption.



Sec. 121.643  Fuel supply: Nonturbine and turbo-propeller-powered airplanes; supplemental operations.

    (a) Except as provided in paragraph (b) of this section, no person 
may release for flight or takeoff a nonturbine or turbo-propeller-
powered airplane unless, considering the wind and other weather 
conditions expected, it has enough fuel--
    (1) To fly to and land at the airport to which it is released;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the flight release; and
    (3) Thereafter, to fly for 45 minutes at normal cruising fuel 
consumption or, for certificate holders who are authorized to conduct 
day VFR operations in their operations specifications and who are 
operating nontransport category airplanes type certificated after 
December 31, 1964, to fly for 30 minutes at normal cruising fuel 
consumption for day VFR operations.
    (b) If the airplane is released for any flight other than from one 
point in the contiguous United States to another point in the contiguous 
United States, it must carry enough fuel to meet the requirements of 
paragraphs (a) (1) and (2) of this section and thereafter fly for 30 
minutes plus 15 percent of the total time required to fly at normal 
cruising fuel consumption to the airports specified in paragraphs (a) 
(1) and (2) of this section, or to fly for 90 minutes at normal cruising 
fuel consumption, whichever is less.
    (c) No person may release a nonturbine or turbo-propeller-powered 
airplane to an airport for which an alternate is not specified under 
Sec. 121.623(b), unless it has enough fuel, considering

[[Page 487]]

wind and other weather conditions expected, to fly to that airport and 
thereafter to fly for three hours at normal cruising fuel consumption.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.645   Fuel supply: Turbine-engine powered airplanes, other than turbo propeller; flag and supplemental operations.

    (a) Any flag operation within the 48 contiguous United States and 
the District of Columbia may use the fuel requirements of Sec. 121.639.
    (b) For any certificate holder conducting flag or supplemental 
operations outside the 48 contiguous United States and the District of 
Columbia, unless authorized by the Administrator in the operations 
specifications, no person may release for flight or takeoff a turbine-
engine powered airplane (other than a turbo-propeller powered airplane) 
unless, considering wind and other weather conditions expected, it has 
enough fuel--
    (1) To fly to and land at the airport to which it is released;
    (2) After that, to fly for a period of 10 percent of the total time 
required to fly from the airport of departure to, and land at, the 
airport to which it was released;
    (3) After that, to fly to and land at the most distant alternate 
airport specified in the flight release, if an alternate is required; 
and
    (4) After that, to fly for 30 minutes at holding speed at 1,500 feet 
above the alternate airport (or the destination airport if no alternate 
is required) under standard temperature conditions.
    (c) No person may release a turbine-engine powered airplane (other 
than a turbo-propeller airplane) to an airport for which an alternate is 
not specified under Sec. 121.621(a)(2) or Sec. 121.623(b) unless it has 
enough fuel, considering wind and other weather conditions expected, to 
fly to that airport and thereafter to fly for at least two hours at 
normal cruising fuel consumption.
    (d) The Administrator may amend the operations specifications of a 
certificate holder conducting flag or supplemental operations to require 
more fuel than any of the minimums stated in paragraph (a) or (b) of 
this section if he finds that additional fuel is necessary on a 
particular route in the interest of safety.
    (e) For a supplemental operation within the 48 contiguous States and 
the District of Columbia with a turbine engine powered airplane the fuel 
requirements of Sec. 121.643 apply.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-144, 43 FR 22649, May 25, 1978; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.647   Factors for computing fuel required.

    Each person computing fuel required for the purposes of this subpart 
shall consider the following:
    (a) Wind and other weather conditions forecast.
    (b) Anticipated traffic delays.
    (c) One instrument approach and possible missed approach at 
destination.
    (d) Any other conditions that may delay landing of the aircraft.

For the purposes of this section, required fuel is in addition to 
unusable fuel.



Sec. 121.649   Takeoff and landing weather minimums: VFR: Domestic operations.

    (a) Except as provided in paragraph (b) of this section, regardless 
of any clearance from ATC, no pilot may takeoff or land an airplane 
under VFR when the reported ceiling or visibility is less than the 
following:
    (1) For day operations--1,000-foot ceiling and one-mile visibility.
    (2) For night operations--1,000-foot ceiling and two-mile 
visibility.
    (b) Where a local surface restriction to visibility exists (e.g., 
smoke, dust, blowing snow or sand) the visibility for day and night 
operations may be reduced to \1/2\ mile, if all turns after takeoff and 
prior to landing, and all flight beyond one mile from the airport 
boundary can be accomplished above or outside the area of local surface 
visibility restriction.
    (c) The weather minimums in this section do not apply to the VFR 
operation of fixed-wing aircraft at any of the locations where the 
special weather minimums of Sec. 91.157 of this chapter are

[[Page 488]]

not applicable (See part 91, appendix D, section 3 of this chapter). The 
basic VFR weather minimums of Sec. 91.155 of this chapter apply at those 
locations.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-39, 
33 FR 4097, Mar. 2, 1968; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989; 
Amdt. 121-226, 56 FR 65663, Dec. 17, 1991]



Sec. 121.651  Takeoff and landing weather minimums: IFR: All certificate holders.

    (a) Notwithstanding any clearance from ATC, no pilot may begin a 
takeoff in an airplane under IFR when the weather conditions reported by 
the U.S. National Weather Service, a source approved by that Service, or 
a source approved by the Administrator, are less than those specified 
in--
    (1) The certificate holder's operations specifications; or
    (2) Parts 91 and 97 of this chapter, if the certificate holder's 
operations specifications do not specify takeoff minimums for the 
airport.
    (b) Except as provided in paragraph (d) of this section, no pilot 
may continue an approach past the final approach fix, or where a final 
approach fix is not used, begin the final approach segment of an 
instrument approach procedure--
    (1) At any airport, unless the U.S. National Weather Service, a 
source approved by that Service, or a source approved by the 
Administrator, issues a weather report for that airport; and
    (2) At airports within the United States and its territories or at 
U.S. military airports, unless the latest weather report for that 
airport issued by the U.S. National Weather Service, a source approved 
by that Service, or a source approved by the Administrator, reports the 
visibility to be equal to or more than the visibility minimums 
prescribed for that procedure. For the purpose of this section, the term 
``U.S. military airports'' means airports in foreign countries where 
flight operations are under the control of U.S. military authority.
    (c) If a pilot has begun the final approach segment of an instrument 
approach procedure in accordance with paragraph (b) of this section and 
after that receives a later weather report indicating below-minimum 
conditions, the pilot may continue the approach to DH or MDA. Upon 
reaching DH or at MDA, and at any time before the missed approach point, 
the pilot may continue the approach below DH or MDA and touch down if--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and where that descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach procedure being used;
    (3) Except for Category II or Category III approaches where any 
necessary visual reference requirements are specified by authorization 
of the Administrator, at least one of the following visual references 
for the intended runway is distinctly visible and identifiable to the 
pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights; and
    (4) When the aircraft is on a straight-in nonprecision approach 
procedure which incorporates a visual descent point, the aircraft has 
reached the visual descent point, except where the aircraft is not 
equipped for or capable of establishing that point, or a descent to the 
runway cannot be made using normal procedures or rates of descent if 
descent is delayed until reaching that point.
    (d) A pilot may begin the final approach segment of an instrument 
approach procedure other than a Category II or Category III procedure at

[[Page 489]]

an airport when the visibility is less than the visibility minimums 
prescribed for that procedure if that airport is served by a operative 
ILS and an operative PAR, and both are used by the pilot. However, no 
pilot may operate an aircraft below the authorized MDA, or continue an 
approach below the authorized DH, unless--
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers and where such a descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach procedure being used; and
    (3) Except for Category II or Category III approaches where any 
necessary visual reference requirements are specified by the 
authorization of the Administrator, at least one of the following visual 
references for the intended runway is distinctly visible and 
identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights.
    (e) For the purpose of this section, the final approach segment 
begins at the final approach fix or facility prescribed in the 
instrument approach procedure. When a final approach fix is not 
prescribed for a procedure that includes a procedure turn, the final 
approach segment begins at the point where the procedure turn is 
completed and the aircraft is established inbound toward the airport on 
the final approach course within the distance prescribed in the 
procedure.
    (f) Unless otherwise authorized in the certificate holder's 
operations specifications, each pilot making an IFR takeoff, approach, 
or landing at a foreign airport shall comply with the applicable 
instrument approach procedures and weather minimums prescribed by the 
authority having jurisdiction over the airport.

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



Sec. 121.652   Landing weather minimums: IFR: All certificate holders.

    (a) If the pilot in command of an airplane has not served 100 hours 
as pilot in command in operations under this part in the type of 
airplane he is operating, the MDA or DH and visibility landing minimums 
in the certificate holder's operations specification for regular, 
provisional, or refueling airports are increased by 100 feet and one-
half mile (or the RVR equivalent). The MDA or DH and visibility minimums 
need not be increased above those applicable to the airport when used as 
an alternate airport, but in no event may the landing minimums be less 
than 300 and 1. However, a Pilot in command employed by a certificate 
holder conducting operations in large aircraft under part 135 of this 
chapter, may credit flight time acquired in operations conducted for 
that operator under part 91 in the same type airplane for up to 50 
percent of the 100 hours of pilot in command experience required by this 
paragraph.
    (b) The 100 hours of pilot in command experience required by 
paragraph (a) of this section may be reduced (not to exceed 50 percent) 
by substituting one landing in operations under this part in the type of 
airplane for 1 required hour of pilot in command experience, if the 
pilot has at least 100 hours as pilot in command of another type 
airplane in operations under this part.
    (c) Category II minimums and the sliding scale when authorized in 
the certificate holder's operations specifications do not apply until 
the pilot in command subject to paragraph (a) of this section meets the 
requirements of

[[Page 490]]

that paragraph in the type of airplane he is operating.

[Doc. No. 7594, 33 FR 10843, July 31, 1968, as amended by Amdt. 121-143, 
43 FR 22642, May 25, 1978; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]
Sec. 121.653  [Reserved]



Sec. 121.655   Applicability of reported weather minimums.

    In conducting operations under Secs. 121.649 through 121.653, the 
ceiling and visibility values in the main body of the latest weather 
report control for VFR and IFR takeoffs and landings and for instrument 
approach procedures on all runways of an airport. However, if the latest 
weather report, including an oral report from the control tower, 
contains a visibility value specified as runway visibility or runway 
visual range for a particular runway of an airport, that specified value 
controls for VFR and IFR landings and takeoffs and straight-in 
instrument approaches for that runway.



Sec. 121.657   Flight altitude rules.

    (a) General. Notwithstanding Sec. 91.119 or any rule applicable 
outside the United States, no person may operate an aircraft below the 
minimums set forth in paragraphs (b) and (c) of this section, except 
when necessary for takeoff or landing, or except when, after considering 
the character of the terrain, the quality and quantity of meteorological 
services, the navigational facilities available, and other flight 
conditions, the Administrator prescribes other minimums for any route or 
part of a route where he finds that the safe conduct of the flight 
requires other altitudes. Outside of the United States the minimums 
prescribed in this section are controlling unless higher minimums are 
prescribed in the certificate holder's operations specifications or by 
the foreign country over which the aircraft is operating.
    (b) Day VFR operations. No certificate holder conducting domestic 
operations may operate a passenger-carrying aircraft and no certificate 
holder conducting flag or supplemental operations may operate any 
aircraft under VFR during the day at an altitude less than 1,000 feet 
above the surface or less than 1,000 feet from any mountain, hill, or 
other obstruction to flight.
    (c) Night VFR, IFR, and over-the-top operations. No person may 
operate an aircraft under IFR including over-the-top or at night under 
VFR at an altitude less than 1,000 feet above the highest obstacle 
within a horizontal distance of five miles from the center of the 
intended course, or, in designated mountainous areas, less than 2,000 
feet above the highest obstacle within a horizontal distance of five 
miles from the center of the intended course.
    (d) Day over-the-top operations below minimum en route altitudes. A 
person may conduct day over-the-top operations in an airplane at flight 
altitudes lower than the minimum en route IFR altitudes if--
    (1) The operation is conducted at least 1,000 feet above the top of 
lower broken or overcast cloud cover;
    (2) The top of the lower cloud cover is generally uniform and level;
    (3) Flight visibility is at least five miles; and
    (4) The base of any higher broken or overcast cloud cover is 
generally uniform and level and is at least 1,000 feet above the minimum 
en route IFR altitude for that route segment.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22649, May 25, 1978; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.659   Initial approach altitude: Domestic and supplemental operations.

    (a) Except as provided in paragraph (b) of this section, when making 
an initial approach to a radio navigation facility under IFR, no person 
may descend an aircraft below the pertinent minimum altitude for initial 
approach (as specified in the instrument approach procedure for that 
facility) until his arrival over that facility has been definitely 
established.
    (b) When making an initial approach on a flight being conducted 
under Sec. 121.657(d), no pilot may commence an instrument approach 
until his arrival over the radio facility has definitely been 
established. In making an instrument approach under these circumstances 
no person may descend an aircraft lower than 1,000 feet above the

[[Page 491]]

top of the lower cloud or the minimum altitude determined by the 
Administrator for that part of the IFR approach, whichever is lower.



Sec. 121.661   Initial approach altitude: Flag operations.

    When making an initial approach to a radio navigation facility under 
IFR, no person may descend below the pertinent minimum altitude for 
initial approach (as specified in the instrument approach procedure for 
that facility) until his arrival over that facility has been definitely 
established.



Sec. 121.663   Responsibility for dispatch release: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
prepare a dispatch release for each flight between specified points, 
based on information furnished by an authorized aircraft dispatcher. The 
pilot in command and an authorized aircraft dispatcher shall sign the 
release only if they both believe that the flight can be made with 
safety. The aircraft dispatcher may delegate authority to sign a release 
for a particular flight, but he may not delegate his authority to 
dispatch.

[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]



Sec. 121.665   Load manifest.

    Each certificate holder is responsible for the preparation and 
accuracy of a load manifest form before each takeoff. The form must be 
prepared and signed for each flight by employees of the certificate 
holder who have the duty of supervising the loading of aircraft and 
preparing the load manifest forms or by other qualified persons 
authorized by the certificate holder.



Sec. 121.667   Flight plan: VFR and IFR: Supplemental operations.

    (a) No person may take off an aircraft unless the pilot in command 
has filed a flight plan, containing the appropriate information required 
by part 91, with the nearest FAA communication station or appropriate 
military station or, when operating outside the United States, with 
other appropriate authority. However, if communications facilities are 
not readily available, the pilot in command shall file the flight plan 
as soon as practicable after the aircraft is airborne. A flight plan 
must continue in effect for all parts of the flight.
    (b) When flights are operated into military airports, the arrival or 
completion notice required by Secs. 91.153 and 91.169 may be filed with 
the appropriate airport control tower or aeronautical communication 
facility used for that airport.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-206, 
54 FR 34331, Aug. 18, 1989



                     Subpart V--Records and Reports

    Source: Docket No. 6258, 29 FR 19226, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.681   Applicability.

    This subpart prescribes requirements for the preparation and 
maintenance of records and reports for all certificate holders.



Sec. 121.683   Crewmember and dispatcher record.

    (a) Each certificate holder shall--
    (1) Maintain current records of each crewmember and each aircraft 
dispatcher (domestic and flag operations only) that show whether the 
crewmember or aircraft dispatcher complies with the applicable sections 
of this chapter, including, but not limited to, proficiency and route 
checks, airplane and route qualifications, training, any required 
physical examinations, flight, duty, and rest time records; and
    (2) Record each action taken concerning the release from employment 
or physical or professional disqualification of any flight crewmember or 
aircraft dispatcher (domestic and flag operations only) and keep the 
record for at least six months thereafter.
    (b) Each certificate holder conducting supplemental operations shall 
maintain the records required by paragraph (a) of this section at its 
principal base of operations, or at another location used by it and 
approved by the Administrator.
    (c) Computer record systems approved by the Administrator may be

[[Page 492]]

used in complying with the requirements of paragraph (a) of this 
section.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22649, May 25, 1978; Amdt. 121-241, 59 FR 42993, Aug. 19, 1994; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.685  Aircraft record: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
maintain a current list of each aircraft that it operates in scheduled 
air transportation and shall send a copy of the record and each change 
to the certificate-holding district office. Airplanes of another 
certificate holder operated under an interchange agreement may be 
incorporated by reference.

[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]



Sec. 121.687   Dispatch release: Flag and domestic operations.

    (a) The dispatch release may be in any form but must contain at 
least the following information concerning each flight:
    (1) Identification number of the aircraft.
    (2) Trip number.
    (3) Departure airport, intermediate stops, destination airports, and 
alternate airports.
    (4) A statement of the type of operation (e.g., IFR, VFR).
    (5) Minimum fuel supply.
    (b) The dispatch release must contain, or have attached to it, 
weather reports, available weather forecasts, or a combination thereof, 
for the destination airport, intermediate stops, and alternate airports, 
that are the latest available at the time the release is signed by the 
pilot in command and dispatcher. It may include any additional available 
weather reports or forecasts that the pilot in command or the aircraft 
dispatcher considers necessary or desirable.



Sec. 121.689  Flight release form: Supplemental operations.

    (a) Except as provided in paragraph (c) of this section, the flight 
release may be in any form but must contain at least the following 
information concerning each flight:
    (1) Company or organization name.
    (2) Make, model, and registration number of the aircraft being used.
    (3) Flight or trip number, and date of flight.
    (4) Name of each flight crewmember, flight attendant, and pilot 
designated as pilot in command.
    (5) Departure airport, destination airports, alternate airports, and 
route.
    (6) Minimum fuel supply (in gallons or pounds).
    (7) A statement of the type of operation (e.g., IFR, VFR).
    (b) The aircraft flight release must contain, or have attached to 
it, weather reports, available weather forecasts, or a combination 
thereof, for the destination airport, and alternate airports, that are 
the latest available at the time the release is signed. It may include 
any additional available weather reports or forecasts that the pilot in 
command considers necessary or desirable.
    (c) Each certificate holder conducting domestic or flag operations 
under the rules of this part applicable to supplemental operations shall 
comply with the dispatch or flight release forms required for scheduled 
operations under this subpart.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2615, Jan. 26, 1996]
Sec. 121.691  [Reserved]



Sec. 121.693   Load manifest: All certificate holders.

    The load manifest must contain the following information concerning 
the loading of the airplane at takeoff time:
    (a) The weight of the aircraft, fuel and oil, cargo and baggage, 
passengers and crewmembers.
    (b) The maximum allowable weight for that flight that must not 
exceed the least of the following weights:
    (1) Maximum allowable takeoff weight for the runway intended to be 
used (including corrections for altitude and gradient, and wind and 
temperature conditions existing at the takeoff time).
    (2) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with applicable en route performance 
limitations.

[[Page 493]]

    (3) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with the maximum authorized design 
landing weight limitations on arrival at the destination airport.
    (4) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with landing distance limitations on 
arrival at the destination and alternate airports.
    (c) The total weight computed under approved procedures.
    (d) Evidence that the aircraft is loaded according to an approved 
schedule that insures that the center of gravity is within approved 
limits.
    (e) Names of passengers, unless such information is maintained by 
other means by the certificate holder.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41595, June 19, 1980; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.695   Disposition of load manifest, dispatch release, and flight plans: Domestic and flag operations.

    (a) The pilot in command of an airplane shall carry in the airplane 
to its destination--
    (1) A copy of the completed load manifest (or information from it, 
except information concerning cargo and passenger distribution);
    (2) A copy of the dispatch release; and
    (3) A copy of the flight plan.
    (b) The certificate holder shall keep copies of the records required 
in this section for at least three months.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2616, Jan. 26, 1996]



Sec. 121.697  Disposition of load manifest, flight release, and flight plans: Supplemental operations.

    (a) The pilot in command of an airplane shall carry in the airplane 
to its destination the original or a signed copy of the--
    (1) Load manifest;
    (2) Flight release;
    (3) Airworthiness release;
    (4) Pilot route certification; and
    (5) Flight plan.
    (b) If a flight originates at the certificate holder's principal 
base of operations, it shall retain at that base a signed copy of each 
document listed in paragraph (a) of this section.
    (c) Except as provided in paragraph (d) of this section, if a flight 
originates at a place other than the certificate holder's principal base 
of operations, the pilot in command (or another person not aboard the 
airplane who is authorized by the certificate holder) shall, before or 
immediately after departure of the flight, mail signed copies of the 
documents listed in paragraph (a) of this section, to the principal base 
of operations.
    (d) If a flight originates at a place other than the certificate 
holder's principal base of operations, and there is at that place a 
person to manage the flight departure for the certificate holder who 
does not himself or herself depart on the airplane, signed copies of the 
documents listed in paragraph (a) of this section may be retained at 
that place for not more than 30 days before being sent to the 
certificate holder's principal base of operations. However, the 
documents for a particular flight need not be further retained at that 
place or be sent to the principal base of operations, if the originals 
or other copies of them have been previously returned to the principal 
base of operations.
    (e) The certificate holder conducting supplemental operations shall:
    (1) Identify in its operations manual the person having custody of 
the copies of documents retained in accordance with paragraph (d) of 
this section; and
    (2) Retain at its principal base of operations either an original or 
a copy of the records required by this section for at least three 
months.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-123, 
40 FR 44541, Sept. 29, 1975; Amdt. 121-143, 43 FR 22642, May 25, 1978; 
Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2616, 
Jan. 26, 1996]
Secs. 121.698-121.699  [Reserved]



Sec. 121.701   Maintenance log: Aircraft.

    (a) Each person who takes action in the case of a reported or 
observed failure or malfunction of an airframe, engine, propeller, or 
appliance that is

[[Page 494]]

critical to the safety of flight shall make, or have made, a record of 
that action in the airplane's maintenance log.
    (b) Each certificate holder shall have an approved procedure for 
keeping adequate copies of the record required in paragraph (a) of this 
section in the airplane in a place readily accessible to each flight 
crewmember and shall put that procedure in the certificate holder's 
manual.



Sec. 121.703   Mechanical reliability reports.

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect concerning--
    (1) Fires during flight and whether the related fire-warning system 
functioned properly;
    (2) Fires during flight not protected by a related fire-warning 
system;
    (3) False fire warning during flight;
    (4) An engine exhaust system that causes damage during flight to the 
engine, adjacent structure, equipment, or components;
    (5) An aircraft component that causes accumulation or circulation of 
smoke, vapor, or toxic or noxious fumes in the crew compartment or 
passenger cabin during flight;
    (6) Engine shutdown during flight because of flameout;
    (7) Engine shutdown during flight when external damage to the engine 
or airplane structure occurs;
    (8) Engine shutdown during flight due to foreign object ingestion or 
icing;
    (9) Engine shutdown during flight of more than one engine;
    (10) A propeller feathering system or ability of the system to 
control overspeed during flight;
    (11) A fuel or fuel-dumping system that affects fuel flow or causes 
hazardous leakage during flight;
    (12) An unwanted landing gear extension or retraction, or an 
unwanted opening or closing of landing gear doors during flight;
    (13) Brake system components that result in loss of brake actuating 
force when the airplane is in motion on the ground;
    (14) Aircraft structure that requires major repair;
    (15) Cracks, permanent deformation, or corrosion of aircraft 
structures, if more than the maximum acceptable to the manufacturer or 
the FAA;
    (16) Aircraft components or systems that result in taking emergency 
actions during flight (except action to shut down an engine); and
    (17) Emergency evacuation systems or components including all exit 
doors, passenger emergency evacuation lighting systems, or evacuation 
equipment that are found defective, or that fail to perform the intended 
functions during an actual emergency or during training, testing, 
maintenance, demonstrations, or inadvertent deployments.
    (b) For the purpose of this section during flight means the period 
from the moment the aircraft leaves the surface of the earth on takeoff 
until it touches down on landing.
    (c) In addition to the reports required by paragraph (a) of this 
section, each certificate holder shall report any other failure, 
malfunction, or defect in an aircraft that occurs or is detected at any 
time if, in its opinion, that failure, malfunction, or defect has 
endangered or may endanger the safe operation of an aircraft used by it.
    (d) Each certificate holder shall send each report required by this 
section, in writing, covering each 24-hour period beginning at 0900 
local time of each day and ending at 0900 local time on the next day, to 
the certificate-holding district office. Each report of occurrences 
during a 24-hour period must be mailed or delivered to that office 
within the next 72 hours. However, a report that is due on Saturday or 
Sunday may be mailed or delivered on the following Monday, and one that 
is due on a holiday may be mailed or delivered on the next work day.
    (e) The certificate holder shall transmit the reports required by 
this section in a manner and on a form that is convenient to its system 
of communication and procedure, and shall include in the first daily 
report as much of the following as is available:
    (1) Type and identification number of the aircraft.
    (2) The name of the operator.
    (3) The date, flight number, and stage during which the incident 
occurred

[[Page 495]]

(e.g., preflight, takeoff, climb, cruise, desent landing, and 
inspection).
    (4) The emergency procedure effected (e.g., unscheduled landing and 
emergency descent).
    (5) The nature of the failure, malfunction, or defect.
    (6) Identification of the part and system involved, including 
available information pertaining to type designation of the major 
component and time since overhaul.
    (7) Apparent cause of the failure, malfunction, or defect (e.g., 
wear, crack, design deficiency, or personnel error).
    (8) Whether the part was repaired, replaced, sent to the 
manufacturer, or other action taken.
    (9) Whether the aircraft was grounded.
    (10) Other pertinent information necessary for more complete 
identification, determination of seriousness, or corrective action.
    (f) A certificate holder that is also the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order Authorization, or 
that is the licensee of a type certificate holder, need not report a 
failure, malfunction, or defect under this section if the failure, 
malfunction, or defect has been reported by it under Sec. 21.3 of this 
chapter or under the accident reporting provisions of 14 CFR part 830.
    (g) No person may withhold a report required by this section even 
though all information required in this section is not available.
    (h) When certificate holder gets additional information, including 
information from the manufacturer or other agency, concerning a report 
required by this section, it shall expeditiously submit it as a 
supplement to the first report and reference the date and place of 
submission of the first report.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5770, Apr. 11, 1967; Amdt. 121-72, 35 FR 18188, Nov. 28, 1970; 
Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt. 121-178, 47 FR 13316, 
Mar. 29, 1982; Amdt. 121-187, 50 FR 32375, Aug. 9, 1985; Amdt. 121-195, 
53 FR 8728, Mar. 16, 1988; Amdt. 121-251, 60 FR 65936, Dec. 20, 1995]



Sec. 121.705   Mechanical interruption summary report.

    Each certificate holder shall regularly and promptly send a summary 
report on the following occurrences to the Administrator:
    (a) Each interruption to a flight, unscheduled change of aircraft en 
route, or unscheduled stop or diversion from a route, caused by known or 
suspected mechanical difficulties or malfunctions that are not required 
to be reported under Sec. 121.703.
    (b) The number of engines removed prematurely because of 
malfunction, failure or defect, listed by make and model and the 
aircraft type in which it was installed.
    (c) The number of propeller featherings in flight, listed by type of 
propeller and engine and aircraft on which it was installed. Propeller 
featherings for training, demonstration, or flight check purposes need 
not be reported.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965]



Sec. 121.707   Alteration and repair reports.

    (a) Each certificate holder shall, promptly upon its completion, 
prepare a report of each major alteration or major repair of an 
airframe, aircraft engine, propeller, or appliance of an aircraft 
operated by it.
    (b) The certificate holder shall submit a copy of each report of a 
major alteration to, and shall keep a copy of each report of a major 
repair available for inspection by, the representative of the 
Administrator who is assigned to it.



Sec. 121.709   Airworthiness release or aircraft log entry.

    (a) No certificate holder may operate an aircraft after maintenance, 
preventive maintenance or alterations are performed on the aircraft 
unless the certificate holder, or the person with whom the certificate 
holder arranges for the performance of the maintenance, preventive 
maintenance, or alterations, prepares or causes to be prepared--
    (1) An airworthiness release; or

[[Page 496]]

    (2) An appropriate entry in the aircraft log.
    (b) The airworthiness release or log entry required by paragraph (a) 
of this section must--
    (1) Be prepared in accordance with the procedures set forth in the 
certificate holder's manual;
    (2) Include a certification that--
    (i) The work was performed in accordance with the requirements of 
the certificate holder's manual;
    (ii) All items required to be inspected were inspected by an 
authorized person who determined that the work was satisfactorily 
completed;
    (iii) No known condition exists that would make the airplane 
unairworthy; and
    (iv) So far as the work performed is concerned, the aircraft is in 
condition for safe operation; and
    (3) Be signed by an authorized certificated mechanic or repairman 
except that a certificated repairman may sign the release or entry only 
for the work for which he is employed and certificated.

Notwithstanding paragraph (b)(3) of this section, after maintenance, 
preventive maintenance, or alterations performed by a repair station 
certificated under the provisions of subpart C of part 145, the 
airworthiness release or log entry required by paragraph (a) of this 
section may be signed by a person authorized by that repair station.
    (c) When an airworthiness release form is prepared the certificate 
holder must give a copy to the pilot in command and must keep a record 
thereof for at least two months.
    (d) Instead of restating each of the conditions of the certification 
required by paragraph (b) of this section, the air carrier may state in 
its manual that the signature of an authorized certificated mechanic or 
repairman constitutes that certification.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-6, 
30 FR 6432, May 8, 1965; Amdt. 121-21, 31 FR 10613, Aug. 9, 1966]



Sec. 121.711  Communication records: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
record each en route radio contact between the certificate holder and 
its pilots and shall keep that record for at least 30 days.

[Doc. No. 28154, 61 FR 2616, Jan. 26, 1996]



Sec. 121.713  Retention of contracts and amendments: Commercial operators who conduct intrastate operations for compensation or hire.

    (a) Each commercial operator who conducts intrastate operations for 
compensation or hire shall keep a copy of each written contract under 
which it provides services as a commercial operator for a period of at 
least 1 year after the date of execution of the contract. In the case of 
an oral contract, it shall keep a memorandum stating its elements, and 
of any amendments to it, for a period of at least one year after the 
execution of that contract or change.
    (b) Each commercial operator who conducts intrastate operations for 
compensation or hire shall submit a financial report for the first 6 
months of each fiscal year and another financial report for each 
complete fiscal year. If that person's operating certificate is 
suspended for more than 29 days, that person shall submit a financial 
report as of the last day of the month in which the suspension is 
terminated. The report required to be submitted by this section shall be 
submitted within 60 days of the last day of the period covered by the 
report and must include--
    (1) A balance sheet that shows assets, liabilities, and net worth on 
the last day of the reporting period;
    (2) The information required by Sec. 119.35 (g)(2), (g)(7), and 
(g)(8) of this chapter;
    (3) An itemization of claims in litigation against the applicant, if 
any, as of the last day of the period covered by the report;
    (4) A profit and loss statement with the separation of items 
relating to the applicant's commercial operator activities from his 
other business activities, if any; and
    (5) A list of each contract that gave rise to operating income on 
the profit and loss statement, including the names and addresses of the 
contracting parties and the nature, scope, date, and duration of each 
contract.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995]

[[Page 497]]



            Subpart W--Crewmember Certificate: International



Sec. 121.721  Applicability.

    This section describes the certificates that were issued to United 
States citizens who were employed by air carriers at the time of 
issuance as flight 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 were issued under Annex 9, as amended, to the 
Convention on International Civil Aviation.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]



Sec. 121.723  Surrender of international crewmember certificate.

    The holder of a certificate issued under this section, or the air 
carrier by whom the holder is employed, shall surrender the certificate 
for cancellation at the nearest FAA Flight Standards District Office at 
the termination of the holder's employment with that air carrier.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]

    Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits

                             First-Aid Kits

    Approved first-aid kits required by Sec. 121.309 must meet the 
following specifications and requirements:
    (1) Each first-aid kit must be dust and moisture proof, and contain 
only materials that either meet Federal Specification GG-K-391a, as 
revised, or are approved.
    (2) Required first-aid kits must be distributed as evenly as 
practicable throughout the aircraft and be readily accessible to the 
cabin flight attendants.
    (3) The minimum number of first-aid kits required is set forth in 
the following table:

------------------------------------------------------------------------
                                                                No. of  
                   No. of passenger seats                      first-aid
                                                                 kits   
------------------------------------------------------------------------
0-50........................................................           1
51-150......................................................           2
151-250.....................................................           3
More than 250...............................................           4
------------------------------------------------------------------------

    (4) Except as provided in paragraph (5), each first-aid kit must 
contain at least the following or other approved contents:

------------------------------------------------------------------------
                          Contents                             Quantity 
------------------------------------------------------------------------
Adhesive bandage compresses, 1-inch.........................          16
Antiseptic swabs............................................          20
Ammonia inhalants...........................................          10
Bandage compresses, 4-inch..................................           8
Triangular bandage compresses, 40-inch......................           5
Arm splint, noninflatable...................................           1
Leg splint, noninflatable...................................           1
Roller bandage, 4-inch......................................           4
Adhesive tape, 1-inch standard roll.........................           2
Bandage scissors............................................           1
------------------------------------------------------------------------

    (5) Arm and leg splints which do not fit within a first-aid kit may 
be stowed in a readily accessible location that is as near as 
practicable to the kit.

                         Emergency Medical Kits

    The approved emergency medical kit required by Sec. 121.309 for 
passenger flights must meet the following specifications and 
requirements:
    (1) Approved emergency medical equipment shall be stored securely so 
as to keep it free from dust, moisture, and damaging temperatures.
    (2) One approved emergency medical kit shall be provided for each 
aircraft during each passenger flight and shall be located so as to be 
readily accessible to crewmembers.
    (3) Except as provided in paragraph (4) of this appendix, the 
approved emergency medical kit must contain, as a minimum, the following 
appropriately maintained contents in the specified quantities:

                                                                        
------------------------------------------------------------------------
                           Contents                             Quantity
------------------------------------------------------------------------
Sphygmomanometer.............................................          1
Stethoscope..................................................          1
Airways, oropharyngeal (3 sizes).............................          3
Syringes (sizes necessary to administer required drugs)......          4
Needles (sizes necessary to administer required drugs).......          6
50% Dextrose injection, 50cc.................................          1
Epinephrine 1:1000, single dose ampule or equivalent.........          2
Diphenhydramine HCI injection, single dose ampule or                    
 equivalent..................................................          2
Nitroglycerin tablets........................................         10
Basic instructions for use of the drugs in the kit...........          1
Protective latex gloves or equivalent........................      \1\ 1
------------------------------------------------------------------------
\1\ Pair.                                                               

    (4) Until June 3, 1996, required protective latex gloves or 
equivalent nonpermeable gloves may be placed in the emergency medical 
kit or in a location that is readily accessible to crewmembers.

[Doc. No. 12384, 38 FR 35234, Dec. 26, 1973, as amended by Amdt. 121-
115, 40 FR 1039, Jan. 6, 1975; Amdt. 121-188, 51 FR 1223, Jan. 9, 1986; 
Amdt. 121-236, 59 FR 1781, Jan. 12, 1994; Amdt. 121-242, 59 FR 52642, 
Oct. 18, 1994; Amdt. 121-243, 59 FR 62276, Dec. 2, 1994]

[[Page 498]]



                         Appendix B to Part 121--Airplane Flight Recorder Specification                         
----------------------------------------------------------------------------------------------------------------
                                                        Accuracy sensor                                         
           Parameters                    Range           input to DFDR     Sampling interval    Resolution \4\  
                                                            readout          (per second)           readout     
----------------------------------------------------------------------------------------------------------------
Time (GMT or Frame Counter)       24 Hrs............  0.125%  0.25 (1 per 4       1 sec.            
 (range 0 to 4095, sampled 1 per                       Per Hour.           seconds).                            
 frame).                                                                                                        
Altitude........................  -1,000 ft to max    100 to  1.................  5 to 35 1         
                                   certificated        700                                          
                                   altitude of         ft (See Table 1,                                         
                                   aircraft.           TSO-C51a).                                               
Airspeed........................  50 KIAS to V so,    5%,     1.................  1 kt.             
                                   and V so to 1.2     3%.                                          
                                   VD.                                                                          
Heading.........................  360...............  2.....  1.................  0.5               
Normal Acceleration (Vertical)..  -3g to +6g........  1% of   8.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  75....  2.....  1.................  0.5               
Roll Attitude...................  180...  2.....  1.................  0.5               
Radio Transmitter Keying........  On-Off (Discrete).  2.....  2%....  ..................
Thrust/Power on Each Engine.....  Full Range Forward  2.....  1 (per engine)....  0.2% 2            
Trailing Edge Flap or Cockpit     Full Range or Each  3 or    0.5...............  0.5% 2            
 Control Selection.                Discrete Position.  as Pilot's                                               
                                                       Indicator.                                               
Leading Edge Flap or Cockpit      Full Range or Each  3 or    0.5...............  0.5% 2            
 Control Selection.                Discrete Position.  as Pilot's                                               
                                                       Indicator.                                               
Thrust Reverser Position........  Stowed, In          ..................  1 (per 4 seconds    ..................
                                   Transit, and                            per engine).                         
                                   Reverse                                                                      
                                   (Discrete).                                                                  
Ground Spoiler Position/Speed     Full Range or Each  2%      1.................  0.2% 2.           
 Brake Selection.                  Discrete Position.  Unless Higher                                            
                                                       Accuracy Uniquely                                        
                                                       Required.                                                
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pilot Input and/or Surface        Full Range........  2       1.................  0.2% 2.           
 Position--Primary Controls                            Unless Higher                                            
 (Pitch, Roll, Yaw) 3.                                 Accuracy Uniquely                                        
                                                       Required.                                                
Lateral Acceleration............  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Trim Position.............  Full Range........  3%      1.................  0.3% 2.           
                                                       Unless Higher                                            
                                                       Accuracy Uniquely                                        
                                                       Required.                                                
Glideslope Deviation............  400     3%....  1.................  0.3% 2.           
                                   Microamps.                                                                   
Localizer Deviation.............  400     3%....  1.................  0.3% 2.           
                                   Microamps.                                                                   
AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft    1.................  1 ft + 5% 2 above 
                                                       or 3%                       500.             
                                                       Whichever is                                             
                                                       Greater Below 500                                        
                                                       Ft and 5% Above                                           
                                                       500 Ft.                                                  
Master Warning..................  Discrete..........  ..................  1.................  ..................
Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................
Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% 2            
 directly)..                                                                                                    
Outside Air Temperature or Total  -50C to +90C......  2c....  0.5...............  0.3c              
 Air Temperature..                                                                                              
Hydraulics, Each System Low       Discrete..........  ..................  0.5...............  or 0.5% 2         
 Pressure.                                                                                                      
Groundspeed.....................  As installed......  Most Accurate       1.................  0.2% 2            
                                                       Systems Installed                                        
                                                       (IMS Equipped                                            
                                                       Aircraft Only).                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
    If additional recording capacity is available, recording of the following parameters is recommended. The    
                                 parameters are listed in order of significance:                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Drift Angle.....................  When available, As  As installed......  4.................  ..................
                                   installed.                                                                   
Wind Speed and Direction........  When available, As  As installed......  4.................  ..................
                                   installed.                                                                   
Latitude and Longitude..........  When available, As  As installed......  4.................  ..................
                                   installed.                                                                   
Brake pressure/Brake pedal        As installed......  As installed......  1.................  ..................
 position.                                                                                                      
Additional engine parameters:                                                                                   
    EPR.........................  As installed......  As installed......  1 (per engine)....  ..................
    N1..........................  As installed......  As installed......  1 (per engine)....  ..................
    N2..........................  As installed......  As installed......  1 (per engine)....  ..................

[[Page 499]]

                                                                                                                
    EGT.........................  As installed......  As installed......  1 (per engine)....  ..................
Throttle Lever Position.........  As installed......  As installed......  1 (per engine)....  ..................
Fuel Flow.......................  As installed......  As installed......  1 (per engine)....  ..................
TCAS:                                                                                                           
    TA..........................  As installed......  As installed......  1.................  ..................
    RA..........................  As installed......  As installed......  1.................  ..................
    Sensitivity level (as         As installed......  As installed......  2.................  ..................
     selected by crew).                                                                                         
GPWS (ground proximity warning    Discrete..........  ..................  1.................  ..................
 system).                                                                                                       
Landing gear or gear selector     Discrete..........  ..................  0.25 (1 per 4       ..................
 position.                                                                 seconds).                            
DME 1 and 2 Distance............  0-200 NM;.........  As installed......  0.25..............  1 mi.             
Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............  ..................
----------------------------------------------------------------------------------------------------------------
\1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the    
  derivation of altitude to 5 feet.                                                                             
\2\ Per cent of full range.                                                                                     
\3\ For airplanes that can demonstrate the capability of deriving either the control input on control movement  
  (one from the other) for all modes of operation and flight regimes, the ``or'' applies. For airplanes with non-
  mechanical control systems (fly-by-wire) the ``and'' applies. In airplanes with split surfaces, suitable      
  combination of inputs is acceptable in lieu of recording each surface separately.                             
\4\ This column applies to aircraft manufactured after October 11, 1991.                                        

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

      Appendix C to Part 121--C-46 Nontransport Category Airplanes

                            Cargo Operations

    1. Required engines. (a) Except as provided in paragraph (b) of this 
section, the engines specified in subparagraphs (1) or (2) of this 
section must be installed in C-46 nontransport category airplanes 
operated at gross weights exceeding 45,000 pounds:
    (1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines 
converted from basic model R2800-51 or R2800-75 engines in accordance 
with FAA approved data) that--
    (i) Conform to Engine Specification 5E-8;
    (ii) Conform to the applicable portions of the operator's manual;
    (iii) Comply with all the applicable airworthiness directives; and
    (iv) Are equipped with high capacity oil pump drive gears in 
accordance with FAA approved data.
    (2) Other engines found acceptable by the FAA Regional Flight 
Standards Division having type certification responsibility for the C-46 
airplane.
    (b) Upon application by an operator conducting cargo operations with 
nontransport category C-46 airplanes between points within the State of 
Alaska, the appropriate FAA Flight Standards District Office, Alaskan 
Region, may authorize the operation of such airplanes, between points 
within the State of Alaska; without compliance with paragraph (a) of 
this section if the operator shows that, in its area of operation, 
installation of the modified engines is not necessary to provide 
adequate cooling for single-engine operations. Such authorization and 
any conditions or limitations therefor is made a part of the Operations 
Specifications of the operator.
    2. Minimum acceptable means of complying with the special 
airworthiness requirements. Unless otherwise authorized under 
Sec. 121.213, the data set forth in sections 3 through 34 of this 
appendix, as correlated to the C-46 nontransport category airplane, is 
the minimum means of compliance with the special airworthiness 
requirements of Secs. 121.215 through 121.281.
    3. Susceptibility of material to fire. [Deleted as unnecessary]
    4. Cabin interiors. C-46 crew compartments must meet all the 
requirements of Sec. 121.215, and, as required in Sec. 121.221, the door 
between the crew compartment and main cabin (cargo) compartment must be 
flame resistant.
    5. Internal doors. Internal doors, including the crew to main cabin 
door, must meet all the requirements of Sec. 121.217.
    6. Ventilation. Standard C-46 crew compartments meet the ventilation 
requirements of Sec. 121.219 if a means of ventilation for controlling 
the flow of air is available between the crew compartment and main 
cabin. The ventilation requirement may be met by use of a door between 
the crew compartment and main cabin. The door need not have louvers 
installed; however, if louvers are installed, they must be controllable.
    7. Fire precautions. Compliance is required with all the provisions 
of Sec. 121.221.
    (a) In establishing compliance with this section, the C-46 main 
cabin is considered as a Class A compartment if--

[[Page 500]]

    (1) The operator utilizes a standard system of cargo loading and 
tiedown that allows easy access in flight to all cargo in such 
compartment, and, such system is included in the appropriate portion of 
the operator's manual; and
    (2) A cargo barrier is installed in the forward end of the main 
cabin cargo compartment. The barrier must--
    (i) Establish the most forward location beyond which cargo cannot be 
carried;
    (ii) Protect the components and systems of the airplane that are 
essential to its safe operation from cargo damage; and
    (iii) Permit easy access, in flight, to cargo in the main cabin 
cargo compartment.

The barrier may be a cargo net or a network of steel cables or other 
means acceptable to the Administrator which would provide equivalent 
protection to that of a cargo net. The barrier need not meet crash load 
requirements of FAR Sec. 25.561; however, it must be attached to the 
cargo retention fittings and provide the degree of cargo retention that 
is required by the operators' standard system of cargo loading and 
tiedown.
    (b) C-46 forward and aft baggage compartments must meet, as a 
minimum, Class B requirements of this section or be placarded in a 
manner to preclude their use as cargo or baggage compartments.
    8. Proof of compliance. The demonstration of compliance required by 
Sec. 121.223 is not required for C-46 airplanes in which--
    (1) The main cabin conforms to Class A cargo compartment 
requirements of Sec. 121.219; and
    (2) Forward and aft baggage compartments conform to Class B 
requirements of Sec. 121.221, or are placarded to preclude their use as 
cargo or baggage compartments.
    9. Propeller deicing fluid. No change from the requirements of 
Sec. 121.225. Isopropyl alcohol is a combustible fluid within the 
meaning of this section.
    10. Pressure cross-feed arrangements, location of fuel tanks, and 
fuel system lines and fittings. C-46 fuel systems which conform to all 
applicable Curtiss design specifications and which comply with the FAA 
type certification requirements are in compliance with the provisions of 
Secs. 121.227 through 121.231.
    11. Fuel lines and fittings in designated fire zones. No change from 
the requirements of Sec. 121.233.
    12. Fuel valves. Compliance is required with all the provisions of 
Sec. 121.235. Compliance can be established by showing that the fuel 
system conforms to all the applicable Curtiss design specifications, the 
FAA type certification requirements, and, in addition, has explosion-
proof fuel booster pump electrical selector switches installed in lieu 
of the open contact type used originally.
    13. Oil lines and fittings in designated fire zones. No change from 
the requirements of Sec. 121.237.
    14. Oil valves. C-46 oil shutoff valves must conform to the 
requirements of Sec. 121.239. In addition, C-46 airplanes using Hamilton 
Standard propellers must provide, by use of stand pipes in the engine 
oil tanks or other approved means, a positive source of oil for 
feathering each propeller.
    15. Oil system drains. The standard C-46 ``Y'' drains installed in 
the main oil inlet line for each engine meet the requirements of 
Sec. 121.241.
    16. Engine breather line. The standard C-46 engine breather line 
installation meets the requirements of Sec. 121.243 if the lower 
breather lines actually extend to the trailing edge of the oil cooler 
air exit duct.
    17. Firewalls and firewall construction. Compliance is required with 
all of the provisions of Secs. 121.245 and 121.247. The following 
requirements must be met in showing compliance with these sections:
    (a) Engine compartment. The engine firewalls of the C-46 airplane 
must--
    (1) Conform to type design, and all applicable airworthiness 
directives;
    (2) Be constructed of stainless steel or approved equivalent; and
    (3) Have fireproof shields over the fairleads used for the engine 
control cables that pass through each firewall.
    (b) Combustion heater compartment. C-46 airplanes must have a 
combustion heater fire extinguishing system which complies with AD-49-
18-1 or an FAA approved equivalent.
    18. Cowling. Standard C-46 engine cowling (cowling of aluminum 
construction employing stainless steel exhaust shrouds) which conforms 
to the type design and cowling configurations which conform to the C-46 
transport category requirements meet the requirements of Sec. 121.249.
    19. Engine accessory section diaphragm. C-46 engine nacelles which 
conform to the C-46 transport category requirements meet the 
requirements of Sec. 121.251. As provided for in that section, a means 
of equivalent protection which does not require provision of a diaphragm 
to isolate the engine power section and exhaust system from the engine 
accessory compartment is the designation of the entire engine 
compartment forward of and including the firewall as a designated fire 
zone, and the installation of adequate fire detection and fire 
extinguishing systems which meet the requirements of Sec. 121.263 and 
Sec. 121.273, respectively, in such zone.
    20. Powerplant fire protection. C-46 engine compartments and 
combustion heater compartments are considered as designated fire zones 
within the meaning of Sec. 121.253.
    21. Flammable fluids--
    (a) Engine compartment. C-46 engine compartments which conform to 
the type design

[[Page 501]]

and which comply with all applicable airworthiness directives meet the 
requirements of Sec. 121.255.
    (b) Combustion heater compartment. C-46 combustion heater 
compartments which conform to type design and which meet all the 
requirements of AD-49-18-1 or an FAA approved equivalent meet the 
requirements of Sec. 121.255.
    22. Shutoff means--
    (a) Engine compartment. C-46 engine compartments which comply with 
AD-62-10-2 or FAA approved equivalent meet the requirements of 
Sec. 121.257 applicable to engine compartments, if, in addition, a means 
satisfactory to the Administrator is provided to shut off the flow of 
hydraulic fluid to the cowl flap cylinder in each engine nacelle. The 
shutoff means must be located aft of the engine firewall. The operator's 
manual must include, in the emergency portion, adequate instructions for 
proper operation of the additional shutoff means to assure correct 
sequential positioning of engine cowl flaps under emergency conditions. 
In accordance with Sec. 121.315, this positioning must also be 
incorporated in the emergency section of the pilot's checklist.
    (b) Combustion heater compartment. C-46 heater compartments which 
comply with paragraph (5) of AD-49-18-1 or FAA approved equivalent meet 
the requirements of Sec. 121.257 applicable to heater compartments if, 
in addition, a shutoff valve located above the main cabin floor level is 
installed in the alcohol supply line or lines between the alcohol supply 
tank and those alcohol pumps located under the main cabin floor. If all 
of the alcohol pumps are located above the main cabin floor, the alcohol 
shutoff valve need not be installed. In complying with paragraph (5) of 
AD-49-18-1, a fail-safe electric fuel shutoff valve may be used in lieu 
of the manually operated valve.
    23. Lines and fittings.--(a) Engine compartment. C-46 engine 
compartments which comply with all applicable airworthiness directives, 
including AD-62-10-2, by using FAA approved fire-resistant lines, hoses, 
and end fittings, and engine compartments which meet the C-46 transport 
category requirements, meet the requirements of Sec. 121.259.
    (b) Combustion heater compartments All lines, hoses, and end 
fittings, and couplings which carry fuel to the heaters and heater 
controls, must be of FAA approved fire-resistant construction.
    24. Vent and drain lines.--(a) Enginecompartment. C-46 engine 
compartments meet the requirements of Sec. 121.261 if--
    (1) The compartments conform to type design and comply with all 
applicable airworthiness directives or FAA approved equivalent; and
    (2) Drain lines from supercharger case, engine-driven fuel pump, and 
engine-driven hydraulic pump reach into the scupper drain located in the 
lower cowling segment.
    (b) Combustion heater compartment. C-46 heater compartments meet the 
requirements of Sec. 121.261 if they conform to AD-49-18-1 or FAA 
approved equivalent.
    25. Fire-extinguishing system. (a) To meet the requirements of 
Sec. 121.263, C-46 airplanes must have installed fire extinguishing 
systems to serve all designated fire zones. The fire-extinguishing 
systems, the quantity of extinguishing agent, and the rate of discharge 
shall be such as to provide a minimum of one adequate discharge for each 
designated fire zone. Compliance with this provision requires the 
installation of a separate fire extinguisher for each engine 
compartment. Insofar as the engine compartment is concerned, the system 
shall be capable of protecting the entire compartment against the 
various types of fires likely to occur in the compartment.
    (b) Fire-extinguishing systems which conform to the C-46 transport 
category requirements meet the requirements set forth in paragraph (a). 
Furthermore, fire-extinguishing systems for combustion heater 
compartments which conform to the requirements of AD-49-18-1 or an FAA 
approved equivalent also meet the requirements in paragraph (a).
    In addition, a fire-extinguishing system for C-46 airplanes meets 
the adequacy requirement of paragraph (a) if it provides the same or 
equivalent protection to that demonstrated by the CAA in tests conducted 
in 1941 and 1942, using a CW-20 type engine nacelle (without diaphragm). 
These tests were conducted at the Bureau of Standards facilities in 
Washington, DC, and copies of the test reports are available through the 
FAA Regional Engineering Offices. In this connection, the flow rates and 
distribution of extinguishing agent substantiated in American Airmotive 
Report No. 128-52-d, FAA approved February 9, 1953, provides protection 
equivalent to that demonstrated by the CAA in the CW-20 tests. In 
evaluating any C-46 fire-extinguishing system with respect to the 
aforementioned CW-20 tests, the Administration would require data in a 
narrative form, utilizing drawings or photographs to show at least the 
following:
    Installation of containers; installation and routing of plumbing; 
type, number, and location of outlets or nozzles; type, total volume, 
and distribution of extinguishing agent; length of time required for 
discharging; means for thermal relief, including type and location of 
discharge indicators; means of discharging, e.g., mechanical 
cutterheads, electric cartridge, or other method; and whether a one- or 
two-shot system is used; and if the latter is used, means of cross-
feeding or otherwise selecting distribution of extinguishing agent; and 
types of materials used in makeup of plumbing.

[[Page 502]]

    High rate discharge (HRD) systems using agents such as 
bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), 
may also meet the requirements of paragraph (a).
    26. Fire-extinguishing agents, Extinguishing agent container 
pressure relief, Extinguishing agent container compartment temperatures, 
and Fire-extinguishing system materials. No change from the requirements 
of Secs. 121.265 through 121.271.
    27. Fire-detector system. Compliance with the requirements of 
Sec. 121.273 requires that C-46 fire detector systems conform to:
    (a) AD-62-10-2 or FAA approved equivalent for engine compartments; 
and
    (b) AD-49-18-1 or FAA approved equivalent for combustion heater 
compartments
    28. Fire detectors. No change from the requirements of Sec. 121.275.
    29. Protection of other airplane components against fire. To meet 
the requirements of Sec. 121.277, C-46 airplanes must--
    (a) Conform to the type design and all applicable airworthiness 
directives; and
    (b) Be modified or have operational procedures established to 
provide additional fire protection for the wheel well door aft of each 
engine compartment. Modifications may consist of improvements in sealing 
of the main landing gear wheel well doors. An operational procedure 
which is acceptable to the Agency is one requiring the landing gear 
control to be placed in the up position in case of in-flight engine 
fire. In accordance with Sec. 121.315, such procedure must be set forth 
in the emergency portion of the operator's emergency checklist 
pertaining to in-flight engine fire.
    30. Control of engine rotation. C-46 propeller feathering systems 
which conform to the type design and all applicable airworthiness 
directives meet the requirements of Sec. 121.279.
    31. Fuel system independence. C-46 fuel systems which conform to the 
type design and all applicable airworthiness directives meet the 
requirements of Sec. 121.281.
    32. Induction system ice prevention. The C-46 carburetor anti-icing 
system which conforms to the type design and all applicable 
airworthiness directives meets the requirements of Sec. 121.283.
    33. Carriage of cargo in passenger compartments. Section 121.285 is 
not applicable to nontransport category C-46 cargo airplanes.
    34. Carriage of cargo in cargo compartments. A standard cargo 
loading and tiedown arrangement set forth in the operator's manual and 
found acceptable to the Administrator must be used in complying with 
Sec. 121.287.
    35. Performance data. Performance data on Curtiss model C-46 
airplane certificated for maximum weight of 45,000 and 48,000 pounds for 
cargo-only operations.
    1. The following performance limitation data, applicable to the 
Curtiss model C-46 airplane for cargo-only operation, must be used in 
determining compliance with Secs. 121.199 through 121.205. These data 
are presented in the tables and figures of this appendix.

                      Table 1--Takeoff Limitations

    (a) Curtiss C-46 certificated for maximum weight of 45,000 pounds.
    (1) Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 (distance to accelerate to 93 
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)

                           [Distance in feet]                           
------------------------------------------------------------------------
                                             Airplane weight in pounds  
        Standard altitude in feet         ------------------------------
                                            39,000    42,000   45,000\1\
------------------------------------------------------------------------
S.L......................................     4,110     4,290      4,570
1,000....................................     4,250     4,440      4,720
2,000....................................     4,400     4,600      4,880
3,000....................................     4,650     4,880      5,190
4,000....................................     4,910     5,170      5,500
5,000....................................     5,160     5,450      5,810
6,000....................................     5,420     5,730      6,120
7,000....................................     5,680     6,000      6,440
8,000....................................     5,940     6,280      (\1\)
------------------------------------------------------------------------
\1\Ref. Fig. 1(a)(1) for weight and distance for altitudes above 7,000'.

    (2) Actual length of runway required when effective length, 
considering obstacles, is not determined (distance to accelerate to 93 
knots TIAS and stop, divided by the factor 0.85).

                           [Distance in feet]                           
------------------------------------------------------------------------
                                             Airplane weight in pounds  
        Standard altitude in feet         ------------------------------
                                            39,000    42,000   45,000\1\
------------------------------------------------------------------------
S.L......................................     4,830     5,050      5,370
1,000....................................     5,000     5,230      5,550
2,000....................................     5,170     5,410      5,740
3,000....................................     5,470     5,740      6,100
4,000....................................     5,770     6,080      6,470
5,000....................................     6,070     6,410      6,830
6,000....................................     6,380     6,740      7,200
7,000....................................     6,680     7,070      7,570
8,000....................................     6,990     7,410      (\1\)
------------------------------------------------------------------------
\1\Ref. Fig. 1(a)(2) for weight and distance for altitudes above 7,000'.

    (b) Curtiss C-46 certificated for maximum weight 48,000 pounds.
    (1) Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 (distance to accelerate to 93 
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)

                           [Distance in feet]                           
------------------------------------------------------------------------
                                        Airplane weight in pounds       
   Standard altitude in feet    ----------------------------------------
                                  39,000    42,000    45,000   48,000\1\
------------------------------------------------------------------------
S.L............................     4,110     4,290     4,570      4,950
1,000..........................     4,250     4,440     4,720      5,130
2,000..........................     4,400     4,600     4,880      5,300
3,000..........................     4,650     4,880     5,190      5,670

[[Page 503]]

                                                                        
4,000..........................     4,910     5,170     5,500      6,050
5,000..........................     5,160     5,450     5,810      6,420
6,000..........................     5,420     5,730     6,120      6,800
7,000..........................     5,680     6,000     6,440      (\1\)
8,000..........................     5,940     6,280     6,750      (\1\)
------------------------------------------------------------------------
\1\Ref. Fig. 1(b)(1) for weight and distance for altitudes above 6,000'.

    (2) Actual length of runway required when effective length, 
considering obstacles, is not determined (distance to accelerate to 93 
knots TIAS and stop, divided by the factor 0.85).

                           [Distance in feet]                           
------------------------------------------------------------------------
                                        Airplane weight in pounds       
   Standard altitude in feet    ----------------------------------------
                                  39,000    42,000    45,000   48,000\1\
------------------------------------------------------------------------
S.L............................     4,830     5,050     5,370      5,830
1,000..........................     5,000     5,230     5,550      6,030
2,000..........................     5,170     5,410     5,740      6,230
3,000..........................     5,470     5,740     6,100      6,670
4,000..........................     5,770     6,080     6,470      7,120
5,000..........................     6,070     6,410     6,830      7,560
6,000..........................     6,380     6,740     7,200      8,010
7,000..........................     6,680     7,070     7,570      (\1\)
8,000..........................     6,990     7,410     7,940      (\1\)
------------------------------------------------------------------------
\1\Ref. Fig. 1(b)(2) for weight and distance for altitudes above 6,000'.

                      Table 2--En Route Limitations

    (a) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds (based on a climb speed of 113 knots (TIAS)).

------------------------------------------------------------------------
                                          Terrain                       
            Weight (pounds)              clearance     Blower setting   
                                         (feet)\1\                      
------------------------------------------------------------------------
45,000................................       6,450  Low.                
44,000................................       7,000      Do.             
43,000................................       7,500      Do.             
42,200................................       8,000  High.               
41,000................................       9,600      Do.             
40,000................................      11,000      Do.             
39,000................................      12,300      Do.             
------------------------------------------------------------------------
\1\Highest altitude of terrain over which airplanes may be operated in  
  compliance with Sec.  121.201.                                        
Ref. Fig. 2(a).                                                         

    (b) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds or with engine installation approved for 2,550 revolutions per 
minute (1,700 brake horsepower). Maximum continuous power in low blower 
(based on a climb speed of 113 knots (TIAS)).

------------------------------------------------------------------------
                                          Terrain                       
            Weight (pounds)              clearance     Blower setting   
                                         (feet)\1\                      
------------------------------------------------------------------------
48,000................................       5,850  Low.                
47,000................................       6,300      Do.             
46,000................................       6,700      Do.             
45,000................................       7,200      Do.             
44,500................................       7,450      Do.             
44,250................................       8,000  High.               
44,000................................       8,550      Do.             
43,000................................      10,800      Do.             
42,000................................      12,500      Do.             
41,000................................      13,000      Do.             
------------------------------------------------------------------------
\1\Highest altitude of terrain over which airplanes may be operated in  
  compliance with Sec.  121.201.                                        
Ref. Fig. 2(b).                                                         

                      Table 3--Landing Limitations

    (a) Intended Destination.
    Effective length of runway required for intended destination when 
effective length is determined in accordance with Sec. 121.171 with zero 
wind and zero gradient.
    (1) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds.  (0.60 factor)

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\1\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    4,320     86    4,500     88    4,700     90    4,800     91
1,000...........................................    4,440     86    4,620     88    4,830     90    4,930     91
2,000...........................................    4,550     86    4,750     88    4,960     90    5,050     91
3,000...........................................    4,670     86    4,880     88    5,090     90    5,190     91
4,000...........................................    4,800     86    5,000     88    5,220     90    5,320     91
5,000...........................................    4,920     86    5,140     88    5,360     90    5,460     91
6,000...........................................    5,040     86    5,270     88    5,550     90    5,600     91
7,000...........................................    5,170     86    5,410     88    5,650     90    5,750     91
8,000...........................................    5,310     86    5,550     88    5,800     90    5,900     91
----------------------------------------------------------------------------------------------------------------
\1\Steady approach speed through 50-foot height TIAS denoted by symbol V50.                                     
Ref. Fig. 3(a)(1).                                                                                              

    (2) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds.\1\  (0.60 factor.)

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\2\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    43,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,370     80    3,490     82    3,620     84    3,740     86
1,000...........................................    3,460     80    3,580     82    3,710     84    3,830     86

[[Page 504]]

                                                                                                                
2,000...........................................    3,540     80    3,670     82    3,800     84    3,920     86
3,000...........................................    3,630     80    3,760     82    3,890     84    4,020     86
4,000...........................................    3,720     80    3,850     82    3,980     84    4,110     86
5,000...........................................    3,800     80    3,940     82    4,080     84    4,220     86
6,000...........................................    3,890     80    4,040     82    4,180     84    4,320     86
7,000...........................................    3,980     80    4,140     82    4,280     84    4,440     86
8,000...........................................    4,080     80    4,240     82    4,390     84    4,550     86
----------------------------------------------------------------------------------------------------------------
\1\For use with Curtiss model C-46 airplanes when approved for this weight.                                     
\2\Steady approach speed through 50 height knots TIAS denoted by symbol V503.                                   
Ref. Fig. 3(a)(2).                                                                                              

    (b) Alternate Airports.
    Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 with zero wind and zero 
gradient.
    (1) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds.  (0.70 factor.)

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\1\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,700     86    3,860     88    4,030     90    4,110     91
1,000...........................................    3,800     86    3,960     88    4,140     90    4,220     91
2,000...........................................    3,900     86    4,070     88    4,250     90    4,340     91
3,000...........................................    4,000     86    4,180     88    4,360     90    4,450     91
4,000...........................................    4,110     86    4,290     88    4,470     90    4,560     91
5,000...........................................    4,210     86    4,400     88    4,590     90    4,680     91
6,000...........................................    4,330     86    4,510     88    4,710     90    4,800     91
7,000...........................................    4,430     86    4,630     88    4,840     90    4,930     91
8,000...........................................    4,550     86    4,750     88    4,970     90    5,060     91
----------------------------------------------------------------------------------------------------------------
\1\Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.                               
Ref. Fig. 3(b)(1).                                                                                              

    (2) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds.\1\  (0.70 factor.)

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\2\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    2,890     80    3,000     82    3,110     84    3,220     86
1,000...........................................    2,960     80    3,070     82    3,180     84    3,280     86
2,000...........................................    3,040     80    3,150     82    3,260     84    3,360     86
3,000...........................................    3,110     80    3,220     82    3,340     84    3,440     86
4,000...........................................    3,180     80    3,300     82    3,410     84    3,520     86
5,000...........................................    3,260     80    3,380     82    3,500     84    3,610     86
6,000...........................................    3,330     80    3,460     82    3,580     84    3,700     86
7,000...........................................    3,420     80    3,540     82    3,670     84    3,800     86
8,000...........................................    3,500     80    3,630     82    3,760     84    3,900     86
----------------------------------------------------------------------------------------------------------------
\1\For use with Curtiss model C-46 airplanes when approved for this weight.                                     
\2\Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.                               
Ref. Fig. 3(b)(2).                                                                                              

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

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\1\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    4,710     86    4,910     88    5,130     90    5,230     91
1,000...........................................    4,840     86    5,050     88    5,270     90    5,370     91
2,000...........................................    4,960     86    5,180     88    5,410     90    5,510     91
3,000...........................................    5,090     86    5,320     88    5,550     90    5,660     91
4,000...........................................    5,230     86    5,460     88    5,700     90    5,810     91
5,000...........................................    5,360     86    5,600     88    5,850     90    5,960     91
6,000...........................................    5,500     86    5,740     88    6,000     90    6,110     91
7,000...........................................    5,640     86    5,900     88    6,170     90    6,280     91

[[Page 505]]

                                                                                                                
8,000...........................................    5,790     86    6,050     88    6,340     90    6,450     91
----------------------------------------------------------------------------------------------------------------
\1\Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.                               
Ref. Fig. 3(c)(1).                                                                                              

    (2) Curtiss C-46 certificated for maximum weight of 48,000 
pounds.\1\  (0.55 factor.)

                                                Distance in feet                                                
----------------------------------------------------------------------------------------------------------------
                                                     Airplane weight in pounds and approach speeds\2\ in knots  
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50 
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,680     80    3,820     82    3,960     84    4,090     86
1,000...........................................    3,770     80    3,910     82    4,050     84    4,180     86
2,000...........................................    3,860     80    4,000     82    4,140     84    4,280     86
3,000...........................................    3,960     80    4,090     82    4,240     84    4,380     86
4,000...........................................    4,050     80    4,190     82    4,340     84    4,490     86
5,000...........................................    4,150     80    4,290     82    4,450     84    4,600     86
6,000...........................................    4,240     80    4,400     82    4,560     84    4,710     86
7,000...........................................    4,350     80    4,510     82    4,670     84    4,840     86
8,000...........................................    4,450     80    4,620     82    4,790     84    4,960     86
----------------------------------------------------------------------------------------------------------------
\1\For use with Curtiss model C-46 airplanes when approved for this weight.                                     
\2\Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.                               
Ref. Fig. 3(c)(2).                                                                                              


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[Doc. No. 4080, 30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as 
amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989]

[[Page 520]]

    Appendix D to Part 121--Criteria for Demonstration of Emergency 
                Evacuation Procedures Under Sec. 121.291

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

[[Page 521]]

using stands or ramps allowed by item (3) above are considered to be on 
the ground when they are on the stand or ramp: Provided, That the 
acceptance rate of the stand or ramp is no greater than the acceptance 
rate of the means available on the airplane for descent from the wing 
during an actual crash situation.
    (b) Ditching demonstration. The demonstration must assume that 
daylight hours exist outside the airplane, and that all required 
crewmembers are available for the demonstration.
    (1) If the certificate holder's manual requires the use of 
passengers to assist in the launching of liferafts, the needed 
passengers must be aboard the airplane and participate in the 
demonstration according to the manual.
    (2) A stand must be placed at each emergency exit and wing, with the 
top of the platform at a height simulating the water level of the 
airplane following a ditching.
    (3) After the ditching signal has been received, each evacuee must 
don a life vest according to the certificate holder's manual.
    (4) Each liferaft must be launched and inflated, according to the 
certificate holder's manual, and all other required emergency equipment 
must be placed in rafts.
    (5) Each evacuee must enter a liferaft, and the crewmembers assigned 
to each liferaft must indicate the location of emergency equipment 
aboard the raft and describe its use.
    (6) Either the airplane, a mockup of the airplane or a floating 
device simulating a passenger compartment must be used.
    (i) If a mockup of the airplane is used, it must be a life-size 
mockup of the interior and representative of the airplane currently used 
by or proposed to be used by the certificate holder, and must contain 
adequate seats for use of the evacuees. Operation of the emergency exits 
and the doors must closely simulate those on the airplane. Sufficient 
wing area must be installed outside the over-the-wing exits to 
demonstrate the evacuation.
    (ii) If a floating device simulating a passenger compartment is 
used, it must be representative, to the extent possible, of the 
passenger compartment of the airplane used in operations. Operation of 
the emergency exits and the doors must closely simulate operation on 
that airplane. Sufficient wing area must be installed outside the over-
the-wing exits to demonstrate the evacuation. The device must be 
equipped with the same survival equipment as is installed on the 
airplane, to accommodate all persons participating in the demonstration.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 
FR 13268, Sept. 20, 1967; Amdt. 121-41, 33 FR 9067, June 20, 1968; Amdt. 
121-46, 34 FR 5545, Mar. 22, 1969; Amdt. 121-47, 34 FR 11489, July 11, 
1969; Amdt. 121-233, 58 FR 45230, Aug. 26, 1993]

          Appendix E to Part 121--Flight Training Requirements

    The maneuvers and procedures required by Sec. 121.424 of this part 
for pilot initial, transition, and upgrade flight training are set forth 
in the certificate holder's approved low-altitude windshear flight 
training program and in this appendix and must be performed inflight 
except that windshear maneuvers and procedures must be performed in an 
airplane simulator in which the maneuvers and procedures are 
specifically authorized to be accomplished and except to the extent that 
certain other maneuvers and procedures may be performed in an airplane 
simulator with a visual system (visual simulator), an airplane simulator 
without a visual system (nonvisual simulator), a training device, or a 
static airplane as indicated by the appropriate symbol in the respective 
column opposite the maneuver or procedure.
    Whenever a maneuver or procedure is authorized to be performed in a 
nonvisual simulator, it may be performed in a visual simulator; when 
authorized in a training device, it may be performed in a visual or 
nonvisual simulator, and in some cases, a static airplane. Whenever the 
requirement may be performed in either a training device or a static 
airplane, the appropriate symbols are entered in the respective columns.
    For the purpose of this appendix, the following symbols mean--
 P=Pilot in Command (PIC).
 S=Second in Command (SIC).
 B=PIC and SIC.
 F=Flight Engineer.
PJ=PIC transition Jet to Jet.
PP=PIC transition Prop. to Prop.
SJ=SIC transition Jet to Jet.
SP=SIC transition Prop. to Prop.
AT=All transition categories (PJ, PP, SJ, SP).
PS=SIC upgrading to PIC (same airplane).
SF=Flight Engineer upgrading to SIC (same airplane).
BU=Both SIC and Flight Engineer upgrading (same airplane).

[[Page 522]]



                                                                                                                                              Flight Training Requirements                                                                                                                                              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  Initial training                                                                         Transition training                                                                       Upgrade training                                   
                                             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              A/P                                       Simulator                                       A/P                                       Simulator                                       A/P                                      Simulator                    
            Maneuvers/Procedures             ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Nonvisual                                                                                 Nonvisual                                                                                Nonvisual                    
                                                  Inflight           Static       Visual simulator      simulator      Training device      Inflight           Static       Visual simulator      simulator      Training device      Inflight           Static       Visual simulator     simulator     Training device
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
As appropriate to the airplane and the        ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
 operation involved, flight training for                                                                                                                                                                                                                                                                                
 pilots must include the following maneuvers                                                                                                                                                                                                                                                                            
 and procedures..                                                                                                                                                                                                                                                                                                       
I. Preflight:                                                                                                                                                                                                                                                                                                           
  (a) Visual inspection of the exterior and   ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ...............  ...............
   interior of the airplane, the location of                                                                                                                                                                                                                                                                            
   each item to be inspected, and the                                                                                                                                                                                                                                                                                   
   purpose for inspecting it. If a flight                                                                                                                                                                                                                                                                               
   engineer is a required crewmember for the                                                                                                                                                                                                                                                                            
   particular type of airplane, the visual                                                                                                                                                                                                                                                                              
   inspection may be replaced by using an                                                                                                                                                                                                                                                                               
   approved pictorial means that                                                                                                                                                                                                                                                                                        
   realistically portrays the location and                                                                                                                                                                                                                                                                              
   detain of preflight inspection items..                                                                                                                                                                                                                                                                               
  (b) Use of the prestart check list,         ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   appropriate control system checks,                                                                                                                                                                                                                                                                                   
   starting procedures, radio and electronic                                                                                                                                                                                                                                                                            
   equipment checks, and the selection of                                                                                                                                                                                                                                                                               
   proper navigation and communications                                                                                                                                                                                                                                                                                 
   radio facilities and frequencies prior to                                                                                                                                                                                                                                                                            
   flight.                                                                                                                                                                                                                                                                                                              
  (c) Taxiing, sailing, and docking           B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
   procedures in compliance with                                                                                                                                                                                                                                                                                        
   instructions issued by the appropriate                                                                                                                                                                                                                                                                               
   Traffic Control Authority or by the                                                                                                                                                                                                                                                                                  
   person conducting the training.                                                                                                                                                                                                                                                                                      
  (d) Pretakeoff checks that include power-   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   plant checks.                                                                                                                                                                                                                                                                                                        
II. Takeoffs:                                                                                                                                                                                                                                                                                                           
  (a) Normal takeoffs which, for the purpose  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
   of this maneuver, begin when the airplane                                                                                                                                                                                                                                                                            
   is taxied into position on the runway to                                                                                                                                                                                                                                                                             
   be used.                                                                                                                                                                                                                                                                                                             
  (b) Takeoffs with instrument conditions     ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
   simulated at or before reaching an                                                                                                                                                                                                                                                                                   
   altitude of 100' above the airport                                                                                                                                                                                                                                                                                   
   elevation.                                                                                                                                                                                                                                                                                                           
  (c) Crosswind takeoffs....................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
  (d) Takeoffs with a simulated failure of    ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
   the most critical powerplant--.                                                                                                                                                                                                                                                                                      

[[Page 523]]

                                                                                                                                                                                                                                                                                                                        
    (1) At a point after V1 and before V2     ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     that in the judgment of the person                                                                                                                                                                                                                                                                                 
     conducting the training is appropriate                                                                                                                                                                                                                                                                             
     to the airplane type under the                                                                                                                                                                                                                                                                                     
     prevailing conditions; or.                                                                                                                                                                                                                                                                                         
    (2) At a point as close as possible       ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     after V1 when V1 and V2 or V1 and VR                                                                                                                                                                                                                                                                               
     are identical; or.                                                                                                                                                                                                                                                                                                 
    (3) At the appropriate speed for          ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     nontransport category airplanes.                                                                                                                                                                                                                                                                                   
For transition training in an airplane group  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
 with engines mounted in similar positions,                                                                                                                                                                                                                                                                             
 or from wing-mounted engines to aft                                                                                                                                                                                                                                                                                    
 fuselage-mounted engines, the maneuver may                                                                                                                                                                                                                                                                             
 be performed in a nonvisual simulator.                                                                                                                                                                                                                                                                                 
  (e) Rejected takeoffs accomplished during   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   a normal takeoff run after reaching a                                                                                                                                                                                                                                                                                
   reasonable speed determined by giving due                                                                                                                                                                                                                                                                            
   consideration to aircraft                                                                                                                                                                                                                                                                                            
   characteristics, runway length, surface                                                                                                                                                                                                                                                                              
   conditions, wind direction and velocity,                                                                                                                                                                                                                                                                             
   brake heat energy, and any other                                                                                                                                                                                                                                                                                     
   pertinent factors that may adversely                                                                                                                                                                                                                                                                                 
   affect safety or the airplane.                                                                                                                                                                                                                                                                                       
  Training in at least one of the above       ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
   takeoffs must be accomplished at night.                                                                                                                                                                                                                                                                              
   For transitioning pilots this requirement                                                                                                                                                                                                                                                                            
   may be met during the operating                                                                                                                                                                                                                                                                                      
   experience required under Sec.  121.434                                                                                                                                                                                                                                                                              
   of this part by performing a normal                                                                                                                                                                                                                                                                                  
   takeoff at night when a check airman                                                                                                                                                                                                                                                                                 
   serving as pilot-in-command is occupying                                                                                                                                                                                                                                                                             
   a pilot station.                                                                                                                                                                                                                                                                                                     
III. Flight Maneuvers and Procedures:                                                                                                                                                                                                                                                                                   
  (a) Turns with and without spoilers.......  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
  (b) Tuck and Mach buffet..................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
  (c) Maximum endurance and maximum range     ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   procedures.                                                                                                                                                                                                                                                                                                          
  (d) Operation of systems and controls at    ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  PS.............  ...............
   the flight engineer station.                                                                                                                                                                                                                                                                                         
  (e) Runway and jammed stabilizer..........  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
  (f) Normal and abnormal or alternate                                                                                                                                                                                                                                                                                  
   operation of the following systems and                                                                                                                                                                                                                                                                               
   procedures:                                                                                                                                                                                                                                                                                                          
    (1) Pressurization......................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU             
    (2) Pneumatic...........................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU             
    (3) Air conditioning....................  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU             
    (4) Fuel and oil........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
    (5) Electrical..........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
    (6) Hydraulic...........................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
    (7) Flight control......................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ...............  BU             
    (8) Anti-icing and deicing..............  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............

[[Page 524]]

                                                                                                                                                                                                                                                                                                                        
    (9) Auto-pilot..........................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
    (10) Automatic or other approach aids...  B...............  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  SF..............  ................  ................  BU.............  ...............
    (11) Stall warning devices, stall         B...............  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  SF..............  ................  ................  BU.............  ...............
     avoidance devices, and stability                                                                                                                                                                                                                                                                                   
     augmentation devices.                                                                                                                                                                                                                                                                                              
    (12) Airborne radar devices.............  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
    (13) Any other systems, devices, or aids  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
     available.                                                                                                                                                                                                                                                                                                         
    (14) Electrical, hydraulic, flight        ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
     control, and flight instrument system                                                                                                                                                                                                                                                                              
     malfunctioning or failure.                                                                                                                                                                                                                                                                                         
    (15) Landing gear and flap systems        ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
     failure or malfunction.                                                                                                                                                                                                                                                                                            
    (16) Failure of navigation or             ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
     communications equipment.                                                                                                                                                                                                                                                                                          
  (g) Flight emergency procedures that                                                                                                                                                                                                                                                                                  
   include at least the following:                                                                                                                                                                                                                                                                                      
    (1) Powerplant, heater, cargo             ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  ...............  BU             
     compartment, cabin, flight deck, wing,                                                                                                                                                                                                                                                                             
     and electrical fires.                                                                                                                                                                                                                                                                                              
    (2) Smoke control.......................  ................  B...............  ................  ................  B...............  ................  AT..............  ................  ................  AT..............  ................  BU..............  ................  BU.............  BU             
    (3) Powerplant failures.................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  ...............  BU             
    (4) Fuel jettisoning....................  ................  B...............  ................  ................  B...............  ................  B...............  ................  ................  B...............  ................  BU..............  ................  ...............  BU             
    (5) Any other emergency procedures        ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
     outlined in the appropriate flight                                                                                                                                                                                                                                                                                 
     manual.                                                                                                                                                                                                                                                                                                            
  (h) Steep turns in each direction. Each     ................  ................  ................  P...............  ................  ................  ................  ................  PJ..............  ................  ................  ................  ................  PS.............  ...............
   steep turn must involve a bank angle of                                                                                                                                                                                                                                                                              
   45 deg. with a heading change of at least                                                                                                                                                                                                                                                                            
   180 deg. but not more than 360 deg..                                                                                                                                                                                                                                                                                 
  (i) Approaches to stalls in the takeoff     ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   configuration (except where the airplane                                                                                                                                                                                                                                                                             
   uses only a zero-flap configuration), in                                                                                                                                                                                                                                                                             
   the clean configuration, and in the                                                                                                                                                                                                                                                                                  
   landing configuration.                                                                                                                                                                                                                                                                                               
Training in at least one of the above         ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
 configurations must be accomplished while                                                                                                                                                                                                                                                                              
 in a turn with a bank angle between 15 deg.                                                                                                                                                                                                                                                                            
 and 30 deg..                                                                                                                                                                                                                                                                                                           
  (j) Recovery from specific flight           ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
   characteristics that are peculiar to the                                                                                                                                                                                                                                                                             
   airplane type.                                                                                                                                                                                                                                                                                                       

[[Page 525]]

                                                                                                                                                                                                                                                                                                                        
  (k) Instrument procedures that include the                                                                                                                                                                                                                                                                            
   following:                                                                                                                                                                                                                                                                                                           
    (1) Area departure and arrival..........  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
    (2) Use of navigation systems including   ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
     adherence to assigned radials.                                                                                                                                                                                                                                                                                     
    (3) Holding.............................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU.............  ...............
  (l) ILS instrument approaches that include                                                                                                                                                                                                                                                                            
   the following:                                                                                                                                                                                                                                                                                                       
    (1) Normal ILS approaches...............  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
    (2) Manually controlled ILS approaches    B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
     with a simulated failure of one                                                                                                                                                                                                                                                                                    
     powerplane which occurs before                                                                                                                                                                                                                                                                                     
     initiating the final approach course                                                                                                                                                                                                                                                                               
     and continues to touchdown or through                                                                                                                                                                                                                                                                              
     the missed approach procedure.                                                                                                                                                                                                                                                                                     
  (m) Instrument approaches and missed                                                                                                                                                                                                                                                                                  
   approaches other than ILS which include                                                                                                                                                                                                                                                                              
   the following:                                                                                                                                                                                                                                                                                                       
    (1) Nonprecision approaches that the      ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  BU..............  ...............  ...............
     trainee is likely to use.                                                                                                                                                                                                                                                                                          
    (2) In addition to subparagraph (1) of    ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
     this paragraph, at least one other                                                                                                                                                                                                                                                                                 
     nonprecision approach and missed                                                                                                                                                                                                                                                                                   
     approach procedure that the trainee is                                                                                                                                                                                                                                                                             
     likely to use.                                                                                                                                                                                                                                                                                                     
In connection with paragraphs III(k) and      ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
 III(l), each instrument approach must be                                                                                                                                                                                                                                                                               
 performed according to any procedures and                                                                                                                                                                                                                                                                              
 limitations approved for the approach                                                                                                                                                                                                                                                                                  
 facility used. The instrument approach                                                                                                                                                                                                                                                                                 
 begins when the airplane is over the                                                                                                                                                                                                                                                                                   
 initial approach fix for the approach                                                                                                                                                                                                                                                                                  
 procedure being used (or turned over to the                                                                                                                                                                                                                                                                            
 final approach controller in the case of                                                                                                                                                                                                                                                                               
 GCA approach) and ends when the airplane                                                                                                                                                                                                                                                                               
 touches down on the runway or when                                                                                                                                                                                                                                                                                     
 transition to a missed approach                                                                                                                                                                                                                                                                                        
 configuration is completed.                                                                                                                                                                                                                                                                                            
  (n) Circling approaches which include the   B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
   following:                                                                                                                                                                                                                                                                                                           
    (1) That portion of the circling          ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     approach to the authorized minimum                                                                                                                                                                                                                                                                                 
     altitude for the procedure being used                                                                                                                                                                                                                                                                              
     must be made under simulated instrument                                                                                                                                                                                                                                                                            
     conditions.                                                                                                                                                                                                                                                                                                        

[[Page 526]]

                                                                                                                                                                                                                                                                                                                        
    (2) The circling approach must be made    ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     to the authorized minimum circling                                                                                                                                                                                                                                                                                 
     approach altitude followed by a change                                                                                                                                                                                                                                                                             
     in heading and the necessary                                                                                                                                                                                                                                                                                       
     maneuvering (by visual reference) to                                                                                                                                                                                                                                                                               
     maintain a flight path that permits a                                                                                                                                                                                                                                                                              
     normal landing on a runway at least 90                                                                                                                                                                                                                                                                             
     deg. from the final approach course of                                                                                                                                                                                                                                                                             
     the simulated instrument portion of the                                                                                                                                                                                                                                                                            
     approach.                                                                                                                                                                                                                                                                                                          
    (3) The circling approach must be         ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     performed without excessive                                                                                                                                                                                                                                                                                        
     maneuvering, and without exceeding the                                                                                                                                                                                                                                                                             
     normal operating limits of the                                                                                                                                                                                                                                                                                     
     airplane. The angle of bank should not                                                                                                                                                                                                                                                                             
     exceed 30 deg..                                                                                                                                                                                                                                                                                                    
Training in the circling approach maneuver    ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
 is not required for a pilot employed by a                                                                                                                                                                                                                                                                              
 certificate holder subject to the operating                                                                                                                                                                                                                                                                            
 rules of Part 121 of this chapter if the                                                                                                                                                                                                                                                                               
 certificate holder's manual prohibits a                                                                                                                                                                                                                                                                                
 circling approach in weather conditions                                                                                                                                                                                                                                                                                
 below 1000-3 (ceiling and visibility); for                                                                                                                                                                                                                                                                             
 a SIC if the certificate holder's manual                                                                                                                                                                                                                                                                               
 prohibits the SIC from performing a                                                                                                                                                                                                                                                                                    
 circling approach in operations under this                                                                                                                                                                                                                                                                             
 part.                                                                                                                                                                                                                                                                                                                  
  (o) Zero-flap approaches. Training in this  P...............  ................  ................  ................  ................  ................  ................  PP, PJ..........  ................  ................  ................  ................  PS..............  ...............  ...............
   maneuver is not required for a particular                                                                                                                                                                                                                                                                            
   airplane type if the Administrator has                                                                                                                                                                                                                                                                               
   determined that the probability of flap                                                                                                                                                                                                                                                                              
   extension failure on that type airplane                                                                                                                                                                                                                                                                              
   is extremely remote due to system design.                                                                                                                                                                                                                                                                            
   In making this determination, the                                                                                                                                                                                                                                                                                    
   Administrator determines whether training                                                                                                                                                                                                                                                                            
   on slats only and partial flap approaches                                                                                                                                                                                                                                                                            
   is necessary.                                                                                                                                                                                                                                                                                                        
  (p) Missed approaches which include the                                                                                                                                                                                                                                                                               
   following:                                                                                                                                                                                                                                                                                                           
    (1) Missed approaches from ILS            ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
     approaches.                                                                                                                                                                                                                                                                                                        

[[Page 527]]

                                                                                                                                                                                                                                                                                                                        
    (2) Other missed approaches.............  ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU             
    (3) Missed approaches that include a      ................  ................  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ...............  BU             
     complete approved missed approach                                                                                                                                                                                                                                                                                  
     procedure.                                                                                                                                                                                                                                                                                                         
    (4) Missed approaches that include a      ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
     powerplant failure.                                                                                                                                                                                                                                                                                                
IV. Landings and Approaches to Landings:                                                                                                                                                                                                                                                                                
  (a) Normal landings.......................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
  (b) Landing and go around with the          P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  ................  ...............  PS             
   horizontal stabilizer out of trim.                                                                                                                                                                                                                                                                                   
  (c) Landing in sequence from an ILS         B...............  ................  ................  ................  ................  AT..............  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
   instrument approach.                                                                                                                                                                                                                                                                                                 
  (d) Cross wind landing....................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
  (e) Maneuvering to a landing with                                                                                                                                                                                                                                                                                     
   simulated powerplant failure, as follows:                                                                                                                                                                                                                                                                            
    (1) Except as provided in subparagraph    P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  PS..............  ...............  ...............
     (3) of this paragraph in the case of 3-                                                                                                                                                                                                                                                                            
     engine airplanes, maneuvering to a                                                                                                                                                                                                                                                                                 
     landing with an approved procedure that                                                                                                                                                                                                                                                                            
     approximates the loss of two                                                                                                                                                                                                                                                                                       
     powerplants (center and one out-board                                                                                                                                                                                                                                                                              
     engine).                                                                                                                                                                                                                                                                                                           
    (2) Except as provided in subparagraph    P...............  ................  ................  ................  ................  ................  ................  PJ, PP..........  ................  ................  ................  ................  PS..............  ...............  ...............
     (3) of this paragraph, in the case of                                                                                                                                                                                                                                                                              
     other multiengine airplanes,                                                                                                                                                                                                                                                                                       
     maneuvering to a landing with a                                                                                                                                                                                                                                                                                    
     simulated failure of 50 percent of                                                                                                                                                                                                                                                                                 
     available powerplants with the                                                                                                                                                                                                                                                                                     
     simulated loss of power on one side of                                                                                                                                                                                                                                                                             
     the airplane.                                                                                                                                                                                                                                                                                                      
    (3) Notwithstanding the requirements of                                                                                                                                                                                                                                                                             
     subparagraphs (1) and (2) of this                                                                                                                                                                                                                                                                                  
     paragraph, flight crewmembers who                                                                                                                                                                                                                                                                                  
     satisfy those requirements in a visual                                                                                                                                                                                                                                                                             
     simulator must also:                                                                                                                                                                                                                                                                                               
      (i) Take inflight training in one-      ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
       engine inoperative landings; and.                                                                                                                                                                                                                                                                                
      (ii) In the case of a second-in-        ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
       command up-grading to a pilot-in-                                                                                                                                                                                                                                                                                
       command and who has not previously                                                                                                                                                                                                                                                                               
       performed the maneuvers required by                                                                                                                                                                                                                                                                              
       this paragraph in flight, meet the                                                                                                                                                                                                                                                                               
       requirements of this paragraph                                                                                                                                                                                                                                                                                   
       applicable to initial training for                                                                                                                                                                                                                                                                               
       pilots-in-command.                                                                                                                                                                                                                                                                                               

[[Page 528]]

                                                                                                                                                                                                                                                                                                                        
    (4) In the case of flight crewmembers     ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
     other than the pilot-in-command,                                                                                                                                                                                                                                                                                   
     perform the maneuver with the simulated                                                                                                                                                                                                                                                                            
     loss of power of the most critical                                                                                                                                                                                                                                                                                 
     powerplant only.                                                                                                                                                                                                                                                                                                   
  (f) Landing under simulated circling        B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
   approach conditions (exceptions under                                                                                                                                                                                                                                                                                
   III(n) applicable to this requirement).                                                                                                                                                                                                                                                                              
  (g) Rejected landings that include a        B...............  ................  ................  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
   normal missed approach procedure after                                                                                                                                                                                                                                                                               
   the landing is rejected. For the purpose                                                                                                                                                                                                                                                                             
   of this maneuver the landing should be                                                                                                                                                                                                                                                                               
   rejected at approximately 50 feet and                                                                                                                                                                                                                                                                                
   approximately over the runway threshold.                                                                                                                                                                                                                                                                             
  (h) Zero-flap landings if the               P...............  ................  ................  ................  ................  ................  ................  PP, PJ..........  ................  ................  ................  ................  PS..............  ...............  ...............
   Administrator finds that maneuver                                                                                                                                                                                                                                                                                    
   appropriate for training in the airplane.                                                                                                                                                                                                                                                                            
  (i) Manual reversion (if appropriate).....  ................  ................  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ...............  ...............
  Training in landings and approaches to      ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ................  ...............  ...............
   landings must include the types and                                                                                                                                                                                                                                                                                  
   conditions provided in IV(a) through (i)                                                                                                                                                                                                                                                                             
   but more than one type may be combined                                                                                                                                                                                                                                                                               
   where appropriate.                                                                                                                                                                                                                                                                                                   
  Training in one of the above landings must  B...............  ................  ................  ................  ................  AT..............  ................  ................  ................  ................  BU..............  ................  ................  ...............  ...............
   be accomplished at night. For                                                                                                                                                                                                                                                                                        
   transitioning pilots, this requirement                                                                                                                                                                                                                                                                               
   may be met during the operating                                                                                                                                                                                                                                                                                      
   experience required under Sec.  121.434                                                                                                                                                                                                                                                                              
   of this part by performing a normal                                                                                                                                                                                                                                                                                  
   landing when a check pilot serving as                                                                                                                                                                                                                                                                                
   pilot-in-command is occupying a pilot                                                                                                                                                                                                                                                                                
   station.                                                                                                                                                                                                                                                                                                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


  [Doc. No. 9509, 35 FR 97, Jan. 3, 1970, as amended by Amdt. 121-91, 37 FR 10730, May 27, 1972; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121-  
 159, 45 FR 41595, June 19, 1980; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988]                                                                           
                                                                                                                                                        


[[Page 529]]

         Appendix F to Part 121--Proficiency Check Requirements

    The maneuvers and procedures required by Sec. 121.441 for pilot 
proficiency checks are set forth in this appendix and must be performed 
inflight except to the extent that certain maneuvers and procedures may 
be performed in an airplane simulator with a visual system (visual 
simulator), an airplane simulator without a visual system (nonvisual 
simulator), or a training device as indicated by the appropriate symbol 
in the respective column opposite the maneuver or procedure.
    Whenever a maneuver or procedure is authorized to be performed in a 
nonvisual simulator, it may also be performed in a visual simulator; 
when authorized in a training device, it may be performed in a visual or 
nonvisual simulator.
    For the purpose of this appendix, the following symbols mean--
P=Pilot in Command.
B=Both Pilot in Command and Second in Command.
*=A symbol and asterisk (B*) indicates that a particular condition is 
specified in the maneuvers and procedures column.
=When a maneuver is preceded by this symbol it indicates the maneuver 
may be required in the airplane at the discretion of the person 
conducting the check.
    Throughout the maneuvers prescribed in this appendix, good judgment 
commensurate with a high level of safety must be demonstrated. In 
determining whether such judgment has been shown, the person conducting 
the check considers adherence to approved procedures, actions based on 
analysis of situations for which there is no prescribed procedure or 
recommended practice, and qualities of prudence and care in selecting a 
course of action.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Required                            Permitted                   
                                                                                 -----------------------------------------------------------------------
                              Maneuvers/Procedures                                 Simulated                                                 Waiver     
                                                                                  instrument  Inflight    Visual   Nonvisual  Training    provisions of 
                                                                                  conditions            simulator  simulator   device   Sec.  121.441(d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The procedures and maneuvers set forth in this appendix must be performed in a                                                                          
 manner that satisfactorily demonstrates knowledge and skill with respect to--                                                                          
  (1) The airplane, its systems and components;.................................  ..........  ........  .........  .........  ........  ................
  (2) Proper control of airspeed, configuration, direction, altitude, and                                                                               
   attitude in accordance with procedures and limitations contained in the                                                                              
   approved Airplane Flight Manual, the certificate holder's operations Manual,                                                                         
   check lists, or other approved material appropriate to the airplane type; and  ..........  ........  .........  .........  ........  ................
  (3) Compliance with approach, ATC, or other applicable procedures.............  ..........  ........  .........  .........  ........  ................
I. Preflight:                                                                                                                                           
  (a) Equipment examination (oral or written). As part of the practical test the                                                                        
   equipment examination must be closely coordinated with, and related to, the                                                                          
   flight maneuvers portion but may not be given during the flight maneuvers                                                                            
   portion. The equipment examination must cover--..............................  ..........  ........  .........  .........        B   ................
    (1) Subjects requiring a practical knowledge of the airplane, its                                                                                   
     powerplants, systems, components, operational, and performance factors;....  ..........  ........  .........  .........  ........  ................
    (2) Normal, abnormal, and emergency procedures, and the operations and                                                                              
     limitations relating thereto; and..........................................  ..........  ........  .........  .........  ........  ................
    (3) The appropriate provisions of the approved Airplane Flight Manual.......  ..........  ........  .........  .........  ........  ................
The person conducting the check may accept, as equal to this equipment test, an                                                                         
 equipment test given to the pilot in the certificate holder's ground school                                                                            
 within the preceding 6 calendar months                                                                                                                 
  (b) Preflight inspection. The pilot must--....................................  ..........  ........  .........  .........        B             B*    
    (1) Conduct an actual visual inspection of the exterior and interior of the                                                                         
     airplane, locating each item and explaining briefly the purpose for                                                                                
     inspecting it; and.........................................................  ..........  ........  .........  .........  ........  ................
    (2) Demonstrate the use of the prestart check list, appropriate control                                                                             
     system checks, starting procedures, radio and electronic equipment checks,                                                                         
     and the selection of proper navigation and communications radio facilities                                                                         
     and frequencies prior to flight............................................  ..........  ........  .........  .........  ........  ................

[[Page 530]]

                                                                                                                                                        
Except for flight checks required by Sec.  121.424(d)(2), an approved pictorial                                                                         
 means that realistically portrays the location and detail of preflight                                                                                 
 inspection items and provides for the portrayal of abnormal conditions may be                                                                          
 substituted for the preflight inspection. If a flight engineer is a required                                                                           
 flight crewmember for the particular type airplane, the visual inspection may                                                                          
 be waived under Sec.  121.441(d)                                                                                                                       
  (c) Taxiing. This maneuver includes taxiing (in the case of a second in                                                                               
   command proficiency check to the extent practical from the second in command                                                                         
   crew position), sailing, or docking procedures in compliance with                                                                                    
   instructions issued by the appropriate traffic control authority or by the                                                                           
   person conducting the checks.................................................  ..........        B   .........  .........  ........  ................
  (d) Powerplant checks. As appropriate to the airplane type....................  ..........  ........  .........        B    ........  ................
II. Takeoff:                                                                                                                                            
  (a) Normal. One normal takeoff which, for the purpose of this maneuver, begins                                                                        
   when the airplane is taxied into position on the runway to be used...........  ..........       B*   .........  .........  ........  ................
  (b) Instrument. One takeoff with instrument conditions simulated at or before                                                                         
   reaching an altitude of 100' above the airport elevation.....................          B   ........       B*    .........  ........  ................
  (c) Crosswind. One crosswind takeoff, if practicable, under the existing                                                                              
   meteorological, airport, and traffic conditions..............................  ..........       B*   .........  .........  ........  ................
Requirements (a) and (c) may be combined, and requirements (a), (b), and (c) may                                                                        
 be combined if (b) is performed inflight                                                                                                               
  (d) Powerplant failure. One takeoff with a simulated failure of the most                                                                             
   critical powerplant--........................................................  ..........  ........        B    .........  ........  ................
    (1) At a point after V1 and before V2 that in the judgment of the person                                                                            
     conducting the check is appropriate to the airplane type under the                                                                                 
     prevailing conditions;.....................................................  ..........  ........  .........  .........  ........  ................
    (2) At a point as close as possible after V1 when V1 and V2 or V1 and Vr are                                                                        
     identical; or..............................................................  ..........  ........  .........  .........  ........  ................
    (3) At the appropriate speed for non-transport category airplanes...........  ..........  ........  .........  .........  ........  ................
In an airplane group with aft fuselage-mounted engines this maneuver may be                                                                             
 performed in a non-visual simulator                                              ..........  ........  .........  .........  ........  ................
(e) Rejected. A rejected takeoff may be performed in an airplane during a normal                                                                        
 takeoff run after reaching a reasonable speed determined by giving due                                                                                 
 consideration to aircraft characteristics, runway length, surface conditions,                                                                          
 wind direction and velocity, brake heat energy, and any other pertinent factors                                                                        
 that may adversely affect safety or the airplane...............................  ..........  ........  .........       B*    ........             B    
III. Instrument procedures:                                                                                                                             
  (a) Area departure and area arrival. During each of these maneuvers the                                                                               
   applicant must--.............................................................          B   ........  .........        B    ........            B*    
    (1) Adhere to actual or simulated ATC clearances (including assigned                                                                                
     radials); and..............................................................  ..........  ........  .........  .........  ........  ................
    (2) Properly use available navigation facilities............................  ..........  ........  .........  .........  ........  ................
Either area arrival or area departure, but not both, may be waived under Sec.                                                                           
 121.441(d)                                                                                                                                             
  (b) Holding. This maneuver includes entering, maintaining, and leaving holding                                                                        
   patterns. It may be performed in connection with either area departure or                                                                            
   area arrival.................................................................          B   ........  .........        B    ........             B    
  (c) ILS and other instrument approaches. There must be the following:                                                                                 
    (1) At least one normal ILS approach........................................          B   ........        B    .........  ........  ................
    (2) At least one manually controlled ILS approach with a simulated failure                                                                          
     of one powerplant. The simulated failure should occur before initiating the                                                                        
     final approach course and must continue to touchdown or through the missed                                                                         
     approach procedure.........................................................          B   ........  .........  .........  ........  ................
    (3) At least one nonprecision approach procedure that is representative of                                                                          
     the nonprecision approach procedures that the certificate holder is likely                                                                         
     to use.....................................................................          B   ........        B    .........  ........  ................

[[Page 531]]

                                                                                                                                                        
    (4) Demonstration of at least one nonprecision approach procedure on a                                                                              
     letdown aid other than the approach procedure performed under subparagraph                                                                         
     (3) of this paragraph that the certificate holder is approved to use. If                                                                           
     performed in a training device, the procedures must be observed by a check                                                                         
     pilot or an approved instructor............................................          B   ........  .........  .........        B   ................
Each instrument approach must be performed according to any procedures and                                                                              
 limitations approved for the approach facility used. The instrument approach                                                                           
 begins when the airplane is over the initial approach fix for the approach                                                                             
 procedure being used (or turned over to the final approach controller in the                                                                           
 case of GCA approach) and ends when the airplane touches down on the runway or                                                                         
 when transition to a missed approach configuration is completed. Instrument                                                                            
 conditions need not be simulated below 100' above touchdown zone elevation                                                                             
  (d) Circling approaches. If the certificate holder is approved for circling                                                                           
   minimums below 1000-3, at least one circling approach must be made under the                                                                         
   following conditions--.......................................................  ..........  ........       B*    .........  ........            B*    
    (1) The portion of the approach to the authorized minimum circling approach                                                                         
     altitude must be made under simulated instrument conditions................          B   ........  .........  .........  ........  ................
    (2) The approach must be made to the authorized minimum circling approach                                                                           
     altitude followed by a change in heading and the necessary maneuvering (by                                                                         
     visual reference) to maintain a flight path that permits a normal landing                                                                          
     on a runway at least 90 deg. from the final approach course of the                                                                                 
     simulated instrument portion of the approach...............................  ..........  ........  .........  .........  ........  ................
    (3) The circling approach must be performed without excessive maneuvering,                                                                          
     and without exceeding the normal operating limits of the airplane. The                                                                             
     angle of bank should not exceed 30 deg.....................................  ..........  ........  .........  .........  ........  ................
If local conditions beyond the control of the pilot prohibit the maneuver or                                                                            
 prevent it from being performed as required, it may be waived as provided in                                                                           
 Sec.  121.441(d): Provided, however, That the maneuver may not be waived under                                                                         
 this provision for two successive proficiency checks. The circling approach                                                                            
 maneuver is not required for a second-in-command if the certificate holder's                                                                           
 manual prohibits a second-in-command from performing a circling approach in                                                                            
 operations under this part                                                                                                                             
  (e) Missed approach...........................................................  ..........  ........  .........  .........  ........  ................
    (1) Each pilot must perform at least one missed approach from an ILS                                                                                
     approach...................................................................  ..........  ........       B*    .........  ........  ................
    (2) Each pilot in command must perform at least one additional missed                                                                               
     approach...................................................................  ..........  ........       P*    .........  ........  ................
A complete approved missed approach procedure must be accomplished at least                                                                             
 once. At the discretion of the person conducting the check a simulated                                                                                 
 powerplant failure may be required during any of the missed approaches. These                                                                          
 maneuvers may be performed either independently or in conjunction with                                                                                 
 maneuvers required under Sections III or V of this appendix. At least one                                                                              
 missed approach must be performed in flight                                                                                                            
IV. Inflight Maneuvers:                                                                                                                                 
  (a) Steep turns. At least one steep turn in each direction must be performed.                                                                         
   Each steep turn must involve a bank angle of 45 deg. with a heading change of                                                                        
   at least 180 deg. but not more than 360 deg..................................          P   ........  .........        P    ........             P    
  (b) Approaches to stalls. For the purpose of this maneuver the required                                                                               
   approach to a stall is reached when there is a perceptible buffet or other                                                                           
   response to the initial stall entry. Except as provided below there must be                                                                          
   at least three approaches to stalls as follows:..............................          B   ........  .........        B    ........            B*    

[[Page 532]]

                                                                                                                                                        
    (1) One must be in the takeoff configuration (except where the airplane uses                                                                        
     only a zero-flap takeoff configuration)....................................  ..........  ........  .........  .........  ........  ................
    (2) One in a clean configuration............................................  ..........  ........  .........  .........  ........  ................
    (3) One in a landing configuration..........................................  ..........  ........  .........  .........  ........  ................
At the discretion of the person conducting the check, one approach to a stall                                                                           
 must be performed in one of the above configurations while in a turn with the                                                                          
 bank angle between 15 deg. and 30 deg.. Two out of the three approaches                                                                                
 required by this paragraph may be waived                                                                                                               
If the certificate holder is authorized to dispatch or flight release the                                                                               
 airplane with a stall warning device inoperative the device may not be used                                                                            
 during this maneuver                                                                                                                                   
  (c) Specific flight characteristics. Recovery from specific flight                                                                                    
   characteristics that are peculiar to the airplane type.......................  ..........  ........  .........        B    ........             B    
  (d) Powerplant failures. In addition to specific requirements for maneuvers                                                                           
   with simulated powerplant failures, the person conducting the check may                                                                              
   require a simulated powerplant failure at any time during the check..........  ..........  ........  .........        B    ........  ................
V. Landings and Approaches to Landings:                                                                                                                 
Notwithstanding the authorizations for combining and waiving maneuvers and for                                                                          
 the use of a simulator, at least two actual landings (one to a full stop) must                                                                         
 be made for all pilot-in-command and initial second-in-command proficiency                                                                             
 checks. Landings, and approaches to landings must include the following, but                                                                           
 more than one type may be combined where appropriate:                                                                                                  
Landings and approaches to landings must include the types listed below, but                                                                            
 more than one type may be combined where appropriate:                                                                                                  
  (a) Normal landing............................................................  ..........        B   .........  .........  ........  ................
  (b) Landing in sequence from an ILS instrument approach except that if                                                                                
   circumstances beyond the control of the pilot prevent an actual landing, the                                                                         
   person conducting the check may accept an approach to a point where in his                                                                           
   judgment a landing to a full stop could have been made.......................  ..........       B*   .........  .........  ........  ................
  (c) Crosswind landing, if practical under existing meteorological, airport,                                                                           
   and traffic conditions.......................................................  ..........       B*   .........  .........  ........  ................
  (d) Maneuvering to a landing with simulated powerplant failure as follows:                                                                            
    (1) In the case of 3-engine airplanes, maneuvering to a landing with an                                                                             
     approved procedure that approximates the loss of two powerplants (center                                                                           
     and one outboard engine); or...............................................  ..........  ........       B*    .........  ........  ................
    (2) In the case of other multiengine airplanes, maneuvering to a landing                                                                            
     with a simulated failure of 50 percent of available powerplants, with the                                                                          
     simulated loss of power on one side of the airplane........................  ..........  ........       B*    .........  ........  ................

[[Page 533]]

                                                                                                                                                        
Notwithstanding the requirements of subparagraphs (d) (1) and (2) of this                                                                               
 paragraph, in a proficiency check for other than a pilot-in-command, the                                                                               
 simulated loss of power may be only the most critical powerplant. However, if a                                                                        
 pilot satisfies the requirements of subparagraphs (d) (1) or (2) of this                                                                               
 paragraph in a visual simulator, he also must maneuver in flight to a landing                                                                          
 with a simulated failure of the most critical powerplant. In addition, a pilot-                                                                        
 in-command may omit the maneuver required by subparagraph (d)(1) or (d)(2) of                                                                          
 this paragraph during a required proficiency check or simulator course of                                                                              
 training if he satisfactorily performed that maneuver during the preceding                                                                             
 proficiency check, or during the preceding approved simulator course of                                                                                
 training under the observation of a check airman, whichever was completed later                                                                        
  (e) Except as provided in paragraph (f) of this section, if the certificate                                                                           
   holder is approved for circling minimums below 1000-3, a landing under                                                                               
   simulated circling approach conditions. However, when performed in an                                                                                
   airplane, if circumstances beyond the control of the pilot prevent a landing,                                                                        
   the person conducting the check may accept an approach to a point where, in                                                                          
   his judgment, a landing to a full stop could have been made..................  ..........  ........       B*    .........  ........  ................
  (f) A rejected landing, including a normal missed approach procedure, that is                                                                        
   rejected approximately 50' over the runway and approximately over the runway                                                                         
   threshold. This maneuver may be combined with instrument, circling, or missed                                                                        
   approach procedures, but instrument conditions need not be simulated below                                                                           
   100 feet above the runway....................................................  ..........  ........        B    .........  ........  ................
VI. Normal and Abnormal Procedures:                                                                                                                     
Each applicant must demonstrate the proper use of as many of the systems and                                                                            
 devices listed below as the person conducting the check finds are necessary to                                                                         
 determine that the person being checked has a practical knowledge of the use of                                                                        
 the systems and devices appropriate to the airplane type:                                                                                              
  (a) Anti-icing and de-icing systems...........................................  ..........  ........  .........        B    ........  ................
  (b) Auto-pilot systems........................................................  ..........  ........  .........        B    ........  ................
  (c) Automatic or other approach aid systems...................................  ..........  ........  .........        B    ........  ................
  (d) Stall warning devices, stall avoidance devices, and stability augmentation                                                                        
   devices......................................................................  ..........  ........  .........        B    ........  ................
  (e) Airborne radar devices....................................................  ..........  ........  .........        B    ........  ................
  (f) Any other systems, devices, or aids available.............................  ..........  ........  .........        B    ........  ................
  (g) Hydraulic and electrical system failures and malfunctions.................  ..........  ........  .........  .........        B   ................
  (h) Landing gear and flap systems failure or malfunction......................  ..........  ........  .........  .........        B   ................
  (i) Failure of navigation or communications equipment.........................  ..........  ........  .........        B    ........  ................
VII. Emergency Procedures:                                                                                                                              
Each applicant must demonstrate the proper emergency procedures for as many of                                                                          
 the emergency situations listed below as the person conducting the check finds                                                                         
 are necessary to determine that the person being checked has an adequate                                                                               
 knowledge of, and ability to perform, such procedure:                                                                                                  
  (a) Fire in flight............................................................  ..........  ........  .........        B    ........  ................
  (b) Smoke control.............................................................  ..........  ........  .........        B    ........  ................
  (c) Rapid decompression.......................................................  ..........  ........  .........        B    ........  ................
  (d) Emergency descent.........................................................  ..........  ........  .........        B    ........  ................
  (e) Any other emergency procedures outlined in the appropriate approved                                                                               
   Airplane Flight Manual.......................................................  ..........  ........  .........        B    ........  ................
--------------------------------------------------------------------------------------------------------------------------------------------------------

[Doc. No. 9509, 35 FR 99, Jan. 3, 1970, as amended by Amdt. 121-80, 36 
FR 19362, Oct. 5, 1971; Amdt. 121-91, 37 FR 10730, May 27, 1972; Amdt. 
121-92, 37 FR 12717, June 28, 1972; Amdt. 121-108, 38 FR 35448, Dec. 28, 
1973; Amdt. 121-136, 42 FR 43389, Aug. 29, 1977]

[[Page 534]]

  Appendix G to Part 121--Doppler Radar and Inertial Navigation System 
  (INS): Request for Evaluation; Equipment and Equipment Installation; 
Training Program; Equipment Accuracy and Reliability; Evaluation Program

    1. Application authority. (a) An applicant for authority to use a 
Doppler Radar or Inertial Navigation System must submit a request for 
evaluation of the system to the Flight Standards District Office or 
International Field Office charged with the overall inspection of its 
operations 30 days prior to the start of evaluation flights.
    (b) The application must contain:
    (1) A summary of experience with the system showing to the 
satisfaction of the Administrator a history of the accuracy and 
reliability of the system proposed to be used.
    (2) A training program curriculum for initial approval under 
Sec. 121.405.
    (3) A maintenance program for compliance with subpart L of this 
part.
    (4) A description of equipment installation.
    (5) Proposed revisions to the Operations Manual outlining all normal 
and emergency procedures relative to use of the proposed system, 
including detailed methods for continuing the navigational function with 
partial or complete equipment failure, and methods for determining the 
most accurate system when an unusually large divergence between systems 
occurs. For the purpose of this appendix, a large divergence is a 
divergence that results in a track that falls beyond clearance limits.
    (6) Any proposed revisions to the minimum equipment list with 
adequate justification therefor.
    (7) A list of operations to be conducted using the system, 
containing an analysis of each with respect to length, magnetic compass 
reliability, availability of en route aids, and adequacy of gateway and 
terminal radio facilities to support the system. For the purpose of this 
appendix, a gateway is a specific navigational fix where use of long 
range navigation commences or terminates.
    2. Equipment and equipment installation--Inertial Navigation Systems 
(INS) orDoppler Radar System. (a) Inertial Navigation and Doppler Radar 
Systems must be installed in accordance with applicable airworthiness 
requirements.
    (b) Cockpit arrangement must be visible and useable by either pilot 
seated at his duty station.
    (c) The equipment must provide, by visual, mechanical, or electrical 
output signals, indications of the invalidity of output data upon the 
occurrence of probable failures or malfunctions within the system.
    (d) A probable failure or malfunction within the system must not 
result in loss of the aircraft's required navigation capability.
    (e) The alignment, updating, and navigation computer functions of 
the system must not be invalidated by normal aircraft power 
interruptions and transients.
    (f) The system must not be the source of cause of objectionable 
radio frequency interference, and must not be adversely affected by 
radio frequency interference from other aircraft systems.
    (g) The FAA-approved airplane flight manual, or supplement thereto, 
must include pertinent material as required to define the normal and 
emergency operating procedures and applicable operating limitations 
associated with INS and Doppler performance (such as maximum latitude at 
which ground alignment capability is provided, or deviations between 
systems).
    3. Equipment and equipment installation--Inertial Navigation Systems 
(INS). (a) If an applicant elects to use an Inertial Navigation System 
it must be at least a dual system (including navigational computers and 
reference units). At least two systems must be operational at takeoff. 
The dual system may consist of either two INS units, or one INS unit and 
one Doppler Radar unit.
    (b) Each Inertial Navigation System must incorporate the following:
    (1) Valid ground alignment capability at all latitudes appropriate 
for intended use of the installation.
    (2) A display of alignment status or a ready to navigate light 
showing completed alignment to the flight crew.
    (3) The present position of the airplane in suitable coordinates.
    (4) Information relative to destinations or waypoint positions:
    (i) The information needed to gain and maintain a desired track and 
to determine deviations from the desired track.
    (ii) The information needed to determine distance and time to go to 
the next waypoint or destination.
    (c) For INS installations that do not have memory or other inflight 
alignment means, a separate electrical power source (independent of the 
main propulsion system) must be provided which can supply, for at least 
5 minutes, enough power (as shown by analysis or as demonstrated in the 
airplane) to maintain the INS in such condition that its full capability 
is restored upon the reactivation of the normal electrical supply.
    (d) The equipment must provide such visual, mechanical, or 
electrical output signals as may be required to permit the flight crew 
to detect probable failures or malfunctions in the system.
    4. Equipment and equipment installation--Doppler Radar Systems. (a) 
If an applicant elects to use a Doppler Radar System it must be at least 
a dual system (including

[[Page 535]]

dual antennas or a combined antenna designed for multiple operation), 
except that:
    (1) A single operating transmitter with a standby capable of 
operation may be used in lieu of two operating transmitters.
    (2) Single heading source information to all installations may be 
utilized, provided a compass comparator system is installed and 
operational procedures call for frequent cross-checks of all compass 
heading indicators by crewmembers.

The dual system may consist of either two Doppler Radar units or one 
Doppler Radar unit and one INS unit.
    (b) At least two systems must be operational at takeoff.
    (c) As determined by the Administrator and specified in the 
certificate holder's operations specifications, other navigational aids 
may be required to update the Doppler Radar for a particular operation. 
These may include Loran, Consol, DME, VOR, ADF, ground-based radar, and 
airborne weather radar. When these aids are required, the cockpit 
arrangement must be such that all controls are accessible to each pilot 
seated at his duty station.
    5. Training programs. The initial training program for Doppler Radar 
and Inertial Navigation Systems must include the following:
    (a) Duties and responsibilities of flight crewmembers, dispatchers, 
and maintenance personnel.
    (b) For pilots, instruction in the following:
    (1) Theory and procedures, limitations, detection of malfunctions, 
preflight and inflight testing, and cross-checking methods.
    (2) The use of computers, an explanation of all systems, compass 
limitations at high latitudes, a review of navigation, flight planning, 
and applicable meteorology.
    (3) The methods for updating by means of reliable fixes.
    (4) The actual plotting of fixes.
    (c) Abnormal and emergency procedures.
    6. Equipment accuracy and reliability. (a) Each Inertial Navigation 
System must meet the following accuracy requirements, as appropriate:
    (1) For flights up to 10 hours' duration, no greater than 2 nautical 
miles per hour of circular error on 95 percent of system flights 
completed is permitted.
    (2) For flights over 10 hours' duration, a tolerance of 
plus-minus20 miles cross-track and plus-minus25 
miles along-track on 95 percent of system flights completed is 
permitted.
    (b) Compass heading information to the Doppler Radar must be 
maintained to an accuracy of plus-minus1 deg. and total 
system deviations must not exceed 2 deg.. When free gyro techniques are 
used, procedures shall be utilized to ensure that an equivalent level of 
heading accuracy and total system deviation is attained.
    (c) Each Doppler Radar System must meet accuracy requirements of 
plus-minus20 miles cross-track and plus-minus25 
miles along-track for 95 percent of the system flights completed. 
Updating is permitted.

A system that does not meet the requirements of this section will be 
considered a failed system.
    7. Evaluation program. (a) Approval by evaluation must be requested 
as a part of the application for operational approval of a Doppler Radar 
or Inertial Navigation System.
    (b) The applicant must provide sufficient flights which show to the 
satisfaction of the Administrator the applicant's ability to use cockpit 
navigation in his operation.
    (c) The Administrator bases his evaluation on the following:
    (1) Adequacy of operational procedures.
    (2) Operational accuracy and reliability of equipment and 
feasibility of the system with regard to proposed operations.
    (3) Availability of terminal, gateway, area, and en route ground-
based aids, if required, to support the self-contained system.
    (4) Acceptability of cockpit workload.
    (5) Adequacy of flight crew qualifications.
    (6) Adequacy of maintenance training and availability of spare 
parts.

After successful completion of evaluation demonstrations, FAA approval 
is indicated by issuance of amended operations specifications and en 
route flight procedures defining the new operation. Approval is limited 
to those operations for which the adequacy of the equipment and the 
feasibility of cockpit navigation has been satisfactorily demonstrated.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989]

               Appendix H to Part 121--Advanced Simulation

    This appendix provides guidelines and a means for achieving 
flightcrew training in advanced airplane simulators. This appendix 
describes the simulator and visual system requirements which must be 
achieved to obtain approval of certain types of training in the 
simulator. The requirements in this appendix are in addition to the 
simulator approval requirements in Sec. 121.407. Each simulator which is 
used under this appendix must be approved as a Level B, C, or D 
simulator, as appropriate.
    To obtain FAA approval of the simulator for a specific level, the 
following must be demonstrated to the satisfaction of the Administrator:
    1. Documented proof of compliance with the appropriate simulator, 
visual system, and additional training requirements of this

[[Page 536]]

appendix for the level for which approval is requested.
    2. An evaluation of the simulator to ensure that its ground, flight, 
and landing performance matches the type of airplane simulated.
    3. An evaluation of the appropriate simulator and visual system 
requirements of the level for which approval is requested.

                     Changes to Simulator Programing

    While a need exists for some flexibility in making changes in the 
software program, strict scrutiny of these changes is essential to 
ensure that the simulator retains its ability to duplicate the 
airplane's flight and ground characteristics. Therefore, the following 
procedure must be followed to allow these changes without affecting the 
approval of an appendix H simulator:
    1. Twenty-one calendar days before making changes to the software 
program which might impact flight or ground dynamics of an appendix H 
simulator, a complete list of these planned changes, including dynamics 
related to the motion and visual systems, must be provided in writing to 
the FAA office responsible for conducting the recurrent evaluation of 
that simulator.
    2. If the FAA does not object to the planned change within 21 
calendar days, the operator may make the change.
    3. Changes which might affect the approved simulator Level B test 
guide must be tested by the operator in the simulator to determine the 
impact of the change before submission to the FAA.
    4. Software changes actually installed must be summarized and 
provided to the FAA. When the operator's test shows a difference in 
simulator performance due to a change, an amended copy of the test guide 
page which includes the new simulator test results will also be provided 
to update the FAA's copy of the test guide.
    5. The FAA may examine supporting data or flight check the 
simulator, or both, to ensure that the aerodynamic quality of the 
simulator has not been degraded by any change in software programing.
    6. All requests for changes are evaluated on the basis of the same 
criteria used in the initial approval of the simulator for Level B, C, 
or D.

                 Simulator Minimum Equipment List (MEL)

    Because of the strict tolerances and other approval requirements of 
appendix H simulators, the simulator can provide realistic training with 
certain nonessential items inoperative. Therefore, an operator may 
operate its simulator under an MEL which has been approved by the 
Administrator for that simulator. The MEL includes simulator components 
and indicates the type of training or checking that is authorized if the 
component becomes inoperative. To accomplish this, the component is 
placed in one of the following categories along with any remarks 
applicable to the component's use in the training program:
    1. No training or checking.
    2. Training in specific maneuvers.
    3. Certification and checking.
    4. Line Oriented Flight Training (LOFT).

                  Advanced Simulation Training Program

    For an operator to conduct Level C or D training under this appendix 
all required simulator instruction and checks must be conducted under an 
advanced simulation training program which is approved by the 
Administrator for the operator. This program must also ensure that all 
instructors and check airmen used in appendix H training and checking 
are highly qualified to provide the training required in the training 
program. The advanced simulation training program shall include the 
following:
    1. The operator's initial, transition, upgrade, and recurrent 
simulator training programs and its procedures for re-establishing 
recency of experience in the simulator.
    2. How the training program will integrate Level B, C, and D 
simulators with other simulators and training devices to maximize the 
total training, checking, and certification functions.
    3. Documentation that each instructor and check airman has served 
for at least 1 year in that capacity in a certificate holder's approved 
program or has served for at least 1 year as a pilot in command or 
second in command in an airplane of the group in which that pilot is 
instructing or checking.
    4. A procedure to ensure that each instructor and check airman 
actively participates in either an approved regularly scheduled line 
flying program as a flight crewmember or an approved line observation 
program in the same airplane type for which that person is instructing 
or checking.
    5. A procedure to ensure that each instructor and check airman is 
given a minimum of 4 hours of training each year to become familiar with 
the operator's advanced simulation training program, or changes to it, 
and to emphasize their respective roles in the program. Training for 
simulator instructors and check airmen shall include training policies 
and procedures, instruction methods and techniques, operation of 
simulator controls (including environmental and trouble panels), 
limitations of the simulator, and minimum equipment required for each 
course of training.
    6. A special Line Oriented Flight Training (LOFT) program to 
facilitate the transition from the simulator to line flying. This LOFT 
program consists of at least a 4-hour course of training for each 
flightcrew. It also contains at least two representative flight segments 
of the operator's route. One of the

[[Page 537]]

flight segments contains strictly normal operating procedures from push 
back at one airport to arrival at another. Another flight segment 
contains training in appropriate abnormal and emergency flight 
operations.

                                 Level B

                     Training and Checking Permitted

    1. Regency of experience (Sec. 121.439).
    2. Night takeoffs and landings (part 121, appendix E).
    3. Landings in a proficiency check without the landing on the line 
requirements (Sec. 121.441).

                         Simulator Requirements

    1. Aerodynamic programing to include:
    a. Ground effect--for example, roundout, flare, and touchdown. This 
requires data on lift, drag, and pitching moment in ground effect.
    b. Ground reaction--Reaction of the airplane upon contact with the 
runway during landing to include strut deflections, tire friction, and 
side forces.
    c. Ground handling characteristics--steering inputs to include 
crosswind, braking, thrust reversing, deceleration, and turning radius.
    2. Minimum of 3-axis freedom of motion systems.
    3. Level B landing maneuver test guide to verify simulator data with 
actual airplane flight test data, and provide simulator performance 
tests for Level B initial approval.
    4. Multichannel recorders capable of recording Level B performance 
tests.

                           Visual Requirements

    1. Visual system compatibility with aerodynamic programing.
    2. Visual system response time from pilot control input to visual 
system output shall not exceed 300 milliseconds more than the movement 
of the airplane to a similar input. Visual system response time is 
defined as the completion of the visual display scan of the first video 
field containing different information resulting from an abrupt control 
input.
    3. A means of recording the visual response time for comparison with 
airplane data.
    4. Visual cues to assess sink rate and depth perception during 
landings.
    5. Visual scene to instrument correlation to preclude perceptible 
lags.

                                 Level C

                     Training and Checking Permitted

    1. For all pilots, transition training between airplanes in the same 
group, and for a pilot in command the certification check required by 
Sec. 61.157 of this chapter.
    2. Upgrade to pilot-in-command training and the certification check 
when the pilot--
    a. Has previously qualified as second in command in the equipment to 
which the pilot is upgrading;
    b. Has at least 500 hours of actual flight time while serving as 
second in command in an airplane of the same group; and
    c. Is currently serving as second in command in an airplane in this 
same group.
    3. Initial pilot-in-command training and the certification check 
when the pilot--
    a. Is currently serving as second in command in an airplane of the 
same group;
    b. Has a minimum of 2,500 flight hours as second in command in an 
airplane of the same group; and
    c. Has served as second in command on at least two airplanes of the 
same group.
    4. For all second-in-command pilot applicants who meet the 
aeronautical experience requirements of Sec. 61.155 of this chapter in 
the airplane, the initial and upgrade training and checking required by 
this part, and the certification check requirements of Sec. 61.157 of 
this chapter.

                         Simulator Requirements

    1. Representative crosswind and three-dimensional windshear dynamics 
based on airplane related data.
    2. Representative stopping and directional control forces for at 
least the following runway conditions based on airplane related data:
    a. Dry.
    b. Wet.
    c. Icy.
    d. Patchy wet.
    e. Patchy icy.
    f. Wet on rubber residue in touchdown zone.
    3. Representative brake and tire failure dynamics (including 
antiskid) and decreased brake efficiency due to high brake temperatures 
based on airplane related data.
    4. A motion system which provides motion cues equal to or better 
than those provided by a six-axis freedom of motion system.
    5. Operational principal navigation systems, including electronic 
flight instrument systems, INS, and OMEGA, if applicable.
    6. Means for quickly and effectively testing simulator programing 
and hardware.
    7. Expanded simulator computer capacity, accuracy, resolution, and 
dynamic response to meet Level C demands. Resolution equivalent to that 
of at least a 32-bit word length computer is required for critical 
aerodynamic programs.
    8. Timely permanent update of simulator hardware and programing 
subsequent to airplane modification.
    9. Sound of precipitation and significant airplane noises 
perceptible to the pilot during normal operations and the sound of a 
crash when the simulator is landed in excess of landing gear 
limitations.

[[Page 538]]

    10. Aircraft control feel dynamics shall duplicate the airplane 
simulated. This shall be determined by comparing a recording of the 
control feel dynamics of the simulator to airplane measurements in the 
takeoff, cruise, and landing configuration.
    11. Relative responses of the motion system, visual system, and 
cockpit instruments shall be coupled closely to provide integrated 
sensory cues. These systems shall respond to abrupt pitch, roll, and yaw 
inputs at the pilot's position within 150 milliseconds of the time, but 
not before the time, when the airplane would respond under the same 
conditions. Visual scene changes from steady state disturbance shall not 
occur before the resultant motion onset but within the system dynamic 
response tolerance of 150 milliseconds. The test to determine compliance 
with these requirements shall include simultaneously recording the 
analog output from the pilot's control column and rudders, the output 
from an accelerometer attached to the motion system platform located at 
an acceptable location near the pilots' seats, the output signal to the 
visual system display (including visual system analog delays), and the 
output signal to the pilot's attitude indicator or an equivalent test 
approved by the Administrator. The test results in a comparison of a 
recording of the simulator's response to actual airplane response data 
in the takeoff, cruise, and landing configuration.

                           Visual Requirements

    1. Dusk and night visual scenes with at least three specific airport 
representations, including a capability of at least 10 levels of 
occulting, general terrain characteristics, and significant landmarks.
    2. Radio navigation aids properly oriented to the airport runway 
layout.
    3. Test procedures to quickly confirm visual system color, RVR, 
focus, intensity, level horizon, and attitude as compared to the 
simulator attitude indicator.
    4. For the approach and landing phase of flight, at and below an 
altitude of 2,000 feet height above the airport (HAA) and within a 
radius of 10 miles from the airport, weather representations including 
the following:
    a. Variable cloud density.
    b. Partial obscuration of ground scenes; that is, the effect of a 
scattered to broken cloud deck.
    c. Gradual break out.
    d. Patchy fog.
    e. The effect of fog on airport lighting.
    f. Category II and III weather conditions.
    5. Continuous minimum visual field of view of 75 deg. horizontal and 
30 deg. vertical per pilot seat. Visual gaps shall occur only as they 
would in the airplane simulated or as required by visual system 
hardware. Both pilot seat visual systems shall be able to be operated 
simultaneously.
    6. Capability to present ground and air hazards such as another 
airplane crossing the active runway or converging airborne traffic.

                                 Level D

                     Training and Checking Permitted

    Except for the requirements listed in the next sentence, all pilot 
flight training and checking required by this part and the certification 
check requirements of Sec. 61.157 and appendix A of part 61 of this 
chapter. The line check required by Sec. 121.440, the static airplane 
requirements of appendix E of this part, and the operating experience 
requirements of Sec. 121.434 must still be performed in the airplane.

                         Simulator Requirements

    1. Characteristic buffet motions that result from operation of the 
airplane (for example, high-speed buffet, extended landing gear, flaps, 
nose-wheel scuffing, stall) which can be sensed at the flight deck. The 
simulator must be programed and instrumented in such a manner that the 
characteristic buffet modes can be measured and compared to airplane 
data. Airplane data are also required to define flight deck motions when 
the airplane is subjected to atmospheric disturbances such as rough air 
and cobblestone turbulence. General purpose disturbance models that 
approximate demonstrable flight test data are acceptable.
    2. Aerodynamic modeling for aircraft for which an original type 
certificate is issued after June 1, 1980, including low-altitude, level-
flight ground effect, mach effect at high altitude, effects of airframe 
icing, normal and reverse dynamic thrust effect on control surfaces, 
aero-elastic representations, and representations of nonlinearities due 
to side slip based on airplane flight test data provided by the 
manufacturer.
    3. Realistic amplitude and frequency of cockpit noises and sounds, 
including precipitation static and engine and airframe sounds. The 
sounds shall be coordinated with the weather representations required in 
visual requirement No. 3.
    4. Self-testing for simulator hardware and programing to determine 
compliance with Level B, C, and D simulator requirements.
    5. Diagnostic analysis printout of simulator malfunctions sufficient 
to determine MEL compliance. These printouts shall be retained by the 
operator between recurring FAA simulator evaluations as part of the 
daily discrepancy log required under Sec. 121.407(a)(5).

                           Visual Requirements

    1. Daylight, dusk, and night visual scenes with sufficient scene 
content to recognize a

[[Page 539]]

specific airport, the terrain, and major landmarks around that airport 
and to successfully accomplish a visual landing. The daylight visual 
scene must be part of a total daylight cockpit environment which at 
least represents the amount of light in the cockpit on an overcast day. 
For the purpose of this rule, daylight visual system is defined as a 
visual system capable of producing, as a minimum, full color 
presentations, scene content comparable in detail to that produced by 
4,000 edges or 1,000 surfaces for daylight and 4,000 light points for 
night and dusk scenes, 6-foot lamberts of light at the pilot's eye 
(highlight brightness), 3-arc minutes resolution for the field of view 
at the pilot's eye, and a display which is free of apparent quantization 
and other distracting visual effects while the simulator is in motion. 
The simulation of cockpit ambient lighting shall be dynamically 
consistent with the visual scene displayed. For daylight scenes, such 
ambient lighting shall neither ``washout'' the displayed visual scene 
nor fall below 5-foot lamberts of light as reflected from an approach 
plate at knee height at the pilot's station and/or 2-foot lamberts of 
light as reflected from the pilot's face.
    2. Visual scenes portraying representative physical relationships 
which are known to cause landing illusions in some pilots, including 
short runway, landing over water, runway gradient, visual topographic 
features, and rising terrain.
    3. Special weather representations which include the sound, visual, 
and motion effects of entering light, medium, and heavy precipitation 
near a thunderstorm on takeoff, approach, and landings at and below an 
altitude of 2,000 feet HAA and within a radius of 10 miles from the 
airport.
    4. Level C visual requirements in daylight as well as dusk and night 
representations.
    5. Wet and, if appropriate for the operator, snow-covered runway 
representations, including runway lighting effects.
    6. Realistic color and directionality of airport lighting.
    7. Weather radar presentations in aircraft where radar information 
is presented on the pilot's navigation instruments.

(Secs. 313, 601, 603, 604, Federal Aviation Act of 1958, as amended (49 
U.S.C. 1354, 1421, 1423, 1424); sec. 6(c), Department of Transportation 
Act (49 U.S.C. 1655(c)))

[Doc. No. 19758, 45 FR 44183, June 30, 1980; 45 FR 48599, July 31, 1980, 
as amended by Amdt. 121-258, 61 FR 30732, June 17, 1996; 61 FR 39859, 
July 31, 1996]

              Appendix I to Part 121--Drug Testing Program

    This appendix contains the standards and components that must be 
included in an antidrug program required by this chapter.
    I. DOT Procedures. Each employer shall ensure that drug testing 
programs conducted pursuant to 14 CFR parts 65, 121, and 135 comply with 
the requirements of this appendix and the ``Procedures for 
Transportation Workplace Drug Testing Programs'' published by the 
Department of Transportation (DOT) (49 CFR part 40). An employer may not 
use or contract with any drug testing laboratory that is not certified 
by the Department of Health and Human Services (DHHS) pursuant to the 
DHHS ``Mandatory Guidelines for Federal Workplace Drug Testing 
Programs'' (53 FR 11970; April 11, 1988 as amended by 59 FR 29908; June 
9, 1994).
    II. Definitions. For the purpose of this appendix, the following 
definitions apply:
    Accident means an occurrence associated with the operation of an 
aircraft which takes place between the time any person boards the 
aircraft with the intention of flight and all such persons have 
disembarked, and in which any person suffers death or serious injury, or 
in which the aircraft receives substantial damage.
    Annualized rate for the purposes of unannounced testing of employees 
based on random selection means the percentage of specimen collection 
and testing of employees performing a safety-sensitive function during a 
calendar year. The employer shall determine the annualized rate by 
referring to the total number of employees performing a safety-sensitive 
function for the employer at the beginning of the calendar year.
    Contractor company means a company that has employees who perform 
safety-sensitive functions by contract for an employer.
    DOT agency means an agency (or ``operating administration'') of the 
United States Department of Transportation administering regulations 
requiring drug testing (14 CFR part 61 et al.; 46 CFR part 16; 49 CFR 
parts 199, 219, and 382) in accordance with 49 CFR part 40.
    Employee is a person who performs, either directly or by contract, a 
safety-sensitive function for an employer, as defined below. Provided, 
however, that an employee who works for an employer who holds a part 135 
certificate and who holds a part 121 certificate is considered to be an 
employee of the part 121 certificate holder for the purposes of this 
appendix.
    Employer is a part 121 certificate holder, a part 135 certificate 
holder, an operator as defined in Sec. 135.1(c) of this chapter, or an 
air traffic control facility not operated by the FAA or by or under 
contract to the U.S. military. Provided, however, that an employer may 
use a person who is not included under that employer's drug program to 
perform a safety-sensitive function, if that person is subject to the 
requirements of another employer's FAA-approved antidrug program.
    Performing (a safety-sensitive function): an employee is considered 
to be performing a

[[Page 540]]

safety-sensitive function during any period in which he or she is 
actually performing, ready to perform, or immediately available to 
perform such function.
    Positive rate means the number of positive results for random drug 
tests conducted under this appendix plus the number of refusals to take 
random tests required by this appendix, divided by the total number of 
random drug tests conducted under this appendix plus the number of 
refusals to take random tests required by this appendix.
    Prohibited drug means marijuana, cocaine, opiates, phencyclidine 
(PCP), amphetamines, or a substance specified in Schedule I or Schedule 
II of the Controlled Substances Act, 21 U.S.C. 811, 812, unless the drug 
is being used as authorized by a legal prescription or other exemption 
under Federal, state, or local law.
    Refusal to submit means that an individual failed to provide a urine 
sample as required by 49 CFR part 40, without a genuine inability to 
provide a specimen (as determined by a medical evaluation), after he or 
she has received notice of the requirement to be tested in accordance 
with this appendix, or engaged in conduct that clearly obstructed the 
testing process.
    Safety-sensitive function means a function listed in section III of 
this appendix.
    Verified negative drug test result means that the test result of a 
urine sample collected and tested under this appendix has been verified 
by a Medical Review Officer as negative in accordance with 49 CFR part 
40.
    Verified positive drug test result means that the test result of a 
urine sample collected and tested under this appendix has been verified 
by a Medical Review Officer as positive in accordance with 49 CFR part 
40.
    III. Employees Who Must Be Tested. Each person who performs a 
safety-sensitive function directly or by contract for an employer must 
be tested pursuant to an FAA-approved antidrug program conducted in 
accordance with this appendix:
    A. Flight crewmember duties.
    B. Flight attendant duties.
    C. Flight instruction duties.
    D. Aircraft dispatcher duties.
    E. Aircraft maintenance or preventive maintenance duties.
    F. Ground security coordinator duties.
    G. Aviation screening duties.
    H. Air traffic control duties.
    IV. Substances for Which Testing Must Be Conducted. Each employer 
shall test each employee who performs a safety-sensitive function for 
evidence of marijuana, cocaine, opiates, phencyclidine (PCP), and 
amphetamines during each test required by section V of this appendix. As 
part of a reasonable cause drug testing program established pursuant to 
this part, employers may test for drugs in addition to those specified 
in this part only with approval granted by the FAA under 49 CFR part 40 
and for substances for which the Department of Health and Human Services 
has established an approved testing protocol and positive threshold.
    V. Types of Drug Testing Required. Each employer shall conduct the 
following types of testing in accordance with the procedures set forth 
in this appendix and the DOT ``Procedures for Transportation Workplace 
Drug Testing Programs'' (49 CFR part 40):
    A. Pre-employment Testing.
    1. Prior to the first time an individual performs a safety-sensitive 
function for an employer, the employer shall require the individual to 
undergo testing for prohibited drug use.
    2. An employer is permitted to require pre-employment testing of an 
individual if the following criteria are met:
    (a) The individual previously performed a covered function for the 
employer;
    (b) The employer removed the individual from the employer's random 
testing program conducted under this appendix for reasons other than a 
verified positive test result on an FAA-mandated drug test or a refusal 
to submit to such testing; and
    (c) The individual will be returning to the performance of a safety-
sensitive function.
    3. No employer shall allow an individual required to undergo pre-
employment testing under section V, paragraphs A.1 or A.2 of this 
appendix to perform a safety-sensitive function unless the employer has 
received a verified negative drug test result for the individual.
    4. The employer shall advise each individual applying to perform a 
safety-sensitive function at the time of application that the individual 
will be required to undergo pre-employment testing to determine the 
presence of marijuana, cocaine, opiates, phencyclidine (PCP), and 
amphetamines, or a metabolite of those drugs in the individual's system. 
The employer shall provide this same notification to each individual 
required by the employer to undergo pre-employment testing under section 
V, paragraph A.(2) of this appendix.
    B. Periodic Testing. Each employee who performs a safety-sensitive 
function for an employer and who is required to undergo a medical 
examination under part 67 of this chapter shall submit to a periodic 
drug test. The employee shall be tested for the presence of marijuana, 
cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite 
of those drugs during the first calendar year of implementation of the 
employer's antidrug program. The tests shall be conducted in conjunction 
with the first medical evaluation of the employee or in accordance with 
an alternative method for collecting periodic test specimens detailed in 
an employer's approved antidrug program. An employer may discontinue 
periodic testing of its employees

[[Page 541]]

after the first calendar year of implementation of the employer's 
antidrug program when the employer has implemented an unannounced 
testing program based on random selection of employees.
    C. Random Testing.
    1. Except as provided in paragraphs 2-4 of this section, the minimum 
annual percentage rate for random drug testing shall be 50 percent of 
covered employees.
    2. The Administrator's decision to increase or decrease the minimum 
annual percentage rate for random drug testing is based on the reported 
positive rate for the entire industry. All information used for this 
determination is drawn from the statistical reports required by section 
X of this appendix. In order to ensure reliability of the data, the 
Administrator considers the quality and completeness of the reported 
data, may obtain additional information or reports from employers, and 
may make appropriate modifications in calculating the industry positive 
rate. Each year, the Administrator will publish in the Federal Register 
the minimum annual percentage rate for random drug testing of covered 
employees. The new minimum annual percentage rate for random drug 
testing will be applicable starting January 1 of the calendar year 
following publication.
    3. When the minimum annual percentage rate for random drug testing 
is 50 percent, the Administrator may lower this rate to 25 percent of 
all covered employees if the Administrator determines that the data 
received under the reporting requirements of this appendix for two 
consecutive calendar years indicate that the reported positive rate is 
less than 1.0 percent.
    4. When the minimum annual percentage rate for random drug testing 
is 25 percent, and the data received under the reporting requirements of 
this appendix for any calendar year indicate that the reported positive 
rate is equal to or greater than 1.0 percent, the Administrator will 
increase the minimum annual percentage rate for random drug testing to 
50 percent of all covered employees.
    5. The selection of employees for random drug testing shall be made 
by a scientifically valid method, such as a random-number table or a 
computer-based random number generator that is matched with employees' 
Social Security numbers, payroll identification numbers, or other 
comparable identifying numbers. Under the selection process used, each 
covered employee shall have an equal chance of being tested each time 
selections are made.
    6. The employer shall randomly select a sufficient number of covered 
employees for testing during each calendar year to equal an annual rate 
not less than the minimum annual percentage rate for random drug testing 
determined by the Administrator. If the employer conducts random drug 
testing through a consortium, the number of employees to be tested may 
be calculated for each individual employer or may be based on the total 
number of covered employees covered by the consortium who are subject to 
random drug testing at the same minimum annual percentage rate under 
this part or any DOT drug testing rule.
    7. Each employer shall ensure that random drug tests conducted under 
this appendix are unannounced and that the dates for administering 
random tests are spread reasonably throughout the calendar year.
    8. If a given covered employee is subject to random drug testing 
under the drug testing rules of more than one DOT agency, the employee 
shall be subject to random drug testing at the percentage rate 
established for the calendar year by the DOT agency regulating more than 
50 percent of the employee's function.
    9. If an employer is required to conduct random drug testing under 
the drug testing rules of more than one DOT agency, the employer may--
    (a) Establish separate pools for random selection, with each pool 
containing the covered employees who are subject to testing at the same 
required rate; or
    (b) Randomly select covered employees for testing at the highest 
percentage rate established for the calendar year by any DOT agency to 
which the employer is subject.
    10. An employer required to conduct random drug testing under the 
anti drug rules of more than one DOT agency shall provide each such 
agency access to the employer's records of random drug testing, as 
determined to be necessary by the agency to ensure the employer's 
compliance with the rule.
    D. Post-accident Testing. Each employer shall test each employee who 
performs a safety-sensitive function for the presence of marijuana, 
cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite 
of those drugs in the employee's system if that employee's performance 
either contributed to an accident or can not be completely discounted as 
a contributing factor to the accident. The employee shall be tested as 
soon as possible but not later than 32 hours after the accident. The 
decision not to administer a test under this section must be based on a 
determination, using the best information available at the time of the 
determination, that the employee's performance could not have 
contributed to the accident. The employee shall submit to post-accident 
testing under this section.
    E. Testing Based on Reasonable Cause. Each employer shall test each 
employee who performs a safety-sensitive function and who is reasonably 
suspected of using a prohibited drug. Each employer shall test an 
employee's specimen for the presence of marijuana, cocaine, opiates, 
phencyclidine (PCP), and amphetamines, or a metabolite of those drugs.

[[Page 542]]

An employer may test an employee's specimen for the presence of other 
prohibited drugs or drug metabolites only in accordance with this 
appendix and the DOT ``Procedures for Transportation Workplace Drug 
Testing Programs'' (49 CFR part 40). At least two of the employee's 
supervisors, one of whom is trained in detection of the symptoms of 
possible drug use, shall substantiate and concur in the decision to test 
an employee who is reasonably suspected of drug use; provided, however, 
that in the case of an employer other than a part 121 certificate holder 
who employs 50 or fewer employees who perform safety-sensitive 
functions, one supervisor who is trained in detection of symptoms of 
possible drug use shall substantiate the decision to test an employee 
who is reasonably suspected of drug use. The decision to test must be 
based on a reasonable and articulable belief that the employee is using 
a prohibited drug on the basis of specific contemporaneous physical, 
behavioral, or performance indicators of probable drug use.
    F. Return to Duty Testing. Each employer shall ensure that before an 
individual is returned to duty to perform a safety-sensitive function 
after refusing to submit to a drug test required by this appendix or 
receiving a verified positive drug test result on a test conducted under 
this appendix the individual shall undergo a drug test. No employer 
shall allow an individual required to undergo return to duty testing to 
perform a safety-sensitive function unless the employer has received a 
verified negative drug test result for the individual.
    G. Follow-up Testing. 1. Each employer shall implement a reasonable 
program of unannounced testing of each individual who has been hired to 
perform or who has been returned to the performance of a safety-
sensitive function after refusing to submit to a drug test required by 
this appendix or receiving a verified positive drug test result on a 
test conducted under this appendix.
    2. The number and frequency of such testing shall be determined by 
the employer's Medical Review Officer. In the case of any individual 
evaluated under this appendix and determined to be in need of assistance 
in resolving problems associated with illegal use of drugs, follow-up 
testing shall consist of at least six tests in the first 12 months 
following the employee's return to duty.
    3. The employer may direct the employee to undergo testing for 
alcohol, in addition to drugs, if the Medical Review Officer determines 
that alcohol testing is necessary for the particular employee. Any such 
alcohol testing shall be conducted in accordance with the provisions of 
49 CFR part 40.
    4. Follow-up testing shall not exceed 60 months after the date the 
individual begins to perform or returns to the performance of a safety-
sensitive function. The Medical Review Officer may terminate the 
requirement for follow-up testing at any time after the first six tests 
have been conducted, if the Medical Review Officer determines that such 
testing is no longer necessary.
    VI. Administrative and Other Matters. A. Collection, Testing, and 
Rehabilitation Records. Each employer shall maintain all records related 
to the collection process, including all logbooks and certification 
statements, for two years. Each employer shall maintain records of 
employee confirmed positive drug test results, SAP evaluations, and 
employee rehabilitation for five years. The employer shall maintain 
records of negative test results for 12 months. The employer shall 
permit the Administrator or the Administrator's representative to 
examine these records.
    B. Laboratory Inspections. The employer shall contract only with a 
laboratory that permits pre-award inspections by the employer before the 
laboratory is awarded a testing contract and unannounced inspections, 
including examination of any and all records at any time by the 
employer, the Administrator, or the Administrator's representative.
    C. Employee Request for Test of a Split Specimen. 1. Not later than 
72 hours after receipt of notice of a verified positive test result, an 
employee may request that the MRO arrange for testing of the second, 
``split'' specimen obtained during the collection of the primary 
specimen that resulted in the confirmed positive test result.
    2. The split specimen shall be tested in accordance with the 
procedures in 49 CFR part 40.
    3. The MRO shall not delay verification of the primary test result 
following a request for a split specimen test unless such delay is based 
on reasons other than the pendency of the split specimen test result. If 
the primary test result is verified as positive, actions required under 
this rule (e.g., notification to the Federal Air Surgeon, removal from 
safety-sensitive position) are not stayed during the 72-hour request 
period or pending receipt of the split specimen test result.
    D. Release of Drug Testing Information. An employer shall release 
information regarding an employee's drug testing results, evaluation, or 
rehabilitation to a third party in accordance with the specific, written 
consent of the employee authorizing release of the information to an 
identified person, to the National Transportation Safety Board as part 
of an accident investigation upon written request or order, to the FAA 
upon request, or as required by this appendix. Except as required by law 
or this appendix, no employer shall release employee information.
    E. Refusal to Submit to Testing. 1. Each employer shall notify the 
FAA within 5 working days of any employee who holds a certificate issued 
under part 61, part 63, or part 65 of

[[Page 543]]

this chapter who has refused to submit to a drug test required under 
this appendix. Notification should be sent to: Federal Aviation 
Administration, Aviation Standards National Field Office, Airmen 
Certification Branch, AVN-460, P.O. Box 25082, Oklahoma City, OK 73125.
    2. Employers are not required to notify the above office of refusals 
to submit to pre-employment or return to duty testing.
    F. Permanent Disqualification From Service. An employee who has 
verified positive drug test results on two drug tests required by 
appendix I to part 121 of this chapter and conducted after September 19, 
1994 is permanently precluded from performing for an employer the 
safety-sensitive duties the employee performed prior to the second drug 
test.
    2. An employee who has engaged in prohibited drug use during the 
performance of a safety-sensitive function after September 19, 1994 is 
permanently precluded from performing that safety-sensitive function for 
an employer.
    VII. Medical Review Officer/Substance Abuse Professional. The 
employer shall designate or appoint a Medical Review Officer (MRO) who 
shall be qualified in accordance with 49 CFR part 40 and shall perform 
the functions set forth in 49 CFR part 40 and this appendix. If the 
employer does not have a qualified individual on staff to serve as MRO, 
the employer may contract for the provision of MRO services as part of 
its drug testing program.
    A. MRO and Substance Abuse Professional Duties. In addition to the 
functions delineated in 49 CFR part 40, the MRO shall perform the duties 
listed hereunder.
    1. During the MRO's interview with an employee or applicant who has 
had a confirmed positive drug test result, the MRO shall inquire, and 
the individual must disclose, whether the individual holds an airman 
medical certificate issued under part 67 of this chapter or, if an 
applicant, would be required to hold such certificate in order to 
perform the duties of the position for which the applicant is applying.
    2. The MRO must process employee requests for testing of split 
specimens in accordance with section VI, paragraph C, of this appendix.
    3. The MRO shall advise each employee who receives a verified 
positive drug test result on or refuses to submit to a drug test 
required under this appendix of the resources available to the employee 
in evaluating and resolving problems associated with illegal use of 
drugs, including the names, addresses, and telephone numbers of 
substance abuse professionals (SAP) and counseling and treatment 
programs.
    4. The MRO shall ensure that each employee who receives a verified 
positive drug test result on or refuses to submit to a drug test 
required under this appendix is evaluated by a SAP to determine if the 
employee is in need of assistance in resolving problems associated with 
illegal use of drugs. The MRO may perform this evaluation if the MRO is 
qualified as a SAP.
    5. Prior to recommending that an employee be returned to the 
performance of a safety-sensitive function after the employee has 
received a verified positive drug test result on or refused to submit to 
a drug test required by this appendix, the MRO shall--
    a. Ensure that an employee returning to the performance of a safety-
sensitive function has received a return to duty verified negative drug 
test result on a test conducted under section V., paragraph F of this 
appendix;
    b. Ensure that each employee has been evaluated in accordance with 
section VII, paragraph A.4 of this appendix; and
    c. Ensure that the employee demonstrates compliance with any 
rehabilitation program recommended following the evaluation required 
under section VII, paragraph A.4 of this appendix.
    6. Prior to recommending that an individual be hired to perform a 
safety-sensitive function after such individual has received a verified 
positive drug test result on a pre-employment test or has refused to 
submit to a pre-employment drug test required by this appendix, the MRO 
shall--
    a. Ensure that an individual has received a verified negative drug 
test result on a subsequent pre-employment test conducted under section 
V, paragraph A, of this appendix;
    b. Evaluate the individual (if the MRO is qualified to be a SAP), or 
have the individual evaluated by a SAP, for drug use or abuse; and
    c. Ensure that the individual has complied with the requirements of 
any rehabilitation program in which the individual participated 
following the verified positive pre-employment drug test result or the 
refusal to submit to a pre-employment test.
    7. The MRO shall not recommend that a person who fails to satisfy 
the requirements in section VII, paragraph A.5 or A.6 of this appendix 
be hired to perform or returned to duty to perform a safety-sensitive 
function.
    B. MRO Determinations. In the case of an employee or applicant who 
holds an airman medical certificate issued under part 67 of this 
chapter, or who is or would be required to hold such certificate in 
order to perform a safety-sensitive function for an employer, the MRO 
shall take the following actions after verifying a positive drug test 
result.
    1. In addition to the evaluation required in section VII, paragraph 
A.4 of this appendix, the MRO shall make a determination of probable 
drug dependence or nondependence as specified in part 67 of this chapter 
within 10 working days of verifying the test result.

[[Page 544]]

If the MRO is unable to make such a determination, he or she should so 
state in the individual's records.
    2. If the MRO determines that an individual is nondependent, the MRO 
may recommend that the individual be returned to duty or hired to 
perform safety-sensitive functions subject to the requirements of 
section VII, paragraph A.5 of this appendix. If the MRO makes a 
determination of probable drug dependence or cannot make a dependency 
determination, the MRO shall not recommend that the individual be 
returned to duty unless and until such individual has been found 
nondependent by or has received a special issuance medical certificate 
from the Federal Air Surgeon.
    3. After making the determinations in section VII, paragraphs B.1 
and B.2 of this appendix, the MRO must forward the names of such 
individuals with identifying information, the determinations concerning 
dependence, SAP evaluation (if available), return to duty 
recommendations, and any supporting information to the Federal Air 
Surgeon within 12 working days after verifying the positive drug test 
result of such individuals.
    4. All reports required under this section shall be forwarded to the 
Federal Air Surgeon, Federal Aviation Administration, Attn: Drug 
Abatement Division (AAM-800), 400 7th Street, SW., Washington, DC 20590.
    C. MRO Records. Each MRO shall maintain records concerning drug 
tests performed under this rule in accordance with the following 
provisions:
    1. All records shall be maintained in confidence and shall be 
released only in accordance with the provisions of this rule and 49 CFR 
part 40.
    2. Records concerning drug tests confirmed positive by the 
laboratory shall be maintained for 5 years. Such records include the MRO 
copies of the custody and control form, medical interviews, 
documentation of the basis for verifying as negative test results 
confirmed as positive by the laboratory, any other documentation 
concerning the MRO's verification process, and copies of dependency 
determinations where applicable.
    3. Records of confirmed negative test results shall be maintained 
for 12 months.
    4. All records maintained pursuant to this rule by each MRO are 
subject to examination by the Administrator or the Administrator's 
representative at any time.
    5. Should the employer change MROs for any reason, the employer 
shall ensure that the former MRO forwards all records maintained 
pursuant to this rule to the new MRO within 10 working days of receiving 
notice from the employer of the new MRO's name and address.
    6. Any employer obtaining MRO services by contract, including a 
contract through a consortium, shall ensure that the contract includes a 
recordkeeping provision that is consistent with this paragraph, 
including requirements for transferring records to a new MRO.
    D. Evaluations and Referrals. Each employer shall ensure that a 
substance abuse professional, including an MRO if he/she is qualified as 
a substance abuse professional, who determines that a covered employee 
requires assistance in resolving problems associated with illegal use of 
drugs does not refer the employee to the substance abuse professional's 
private practice or to a person or organization from which the substance 
abuse professional receives remuneration or in which the substance abuse 
professional has a financial interest. This paragraph does not prohibit 
a substance abuse professional from referring an employee for assistance 
provided through--
    1. A public agency, such as a State, county, or municipality;
    2. The employer or a person under contract to provide treatment for 
drug problems on behalf of the employer;
    3. The sole source of therapeutically appropriate treatment under 
the employee's health insurance program; or
    -4. The sole source of therapeutically appropriate treatment 
reasonably accessible to the employee.
    VIII. Employee Assistance Program (EAP). The employer shall provide 
an EAP for employees. The employer may establish the EAP as a part of 
its internal personnel services or the employer may contract with an 
entity that will provide EAP services to an employee. Each EAP must 
include education and training on drug use for employees and training 
for supervisors making determinations for testing of employees based on 
reasonable cause.
    A. EAP Education Program. Each EAP education program must include at 
least the following elements: display and distribution of informational 
material; display and distribution of a community service hot-line 
telephone number for employee assistance; and display and distribution 
of the employer's policy regarding drug use in the workplace. The 
employer's policy shall include information regarding the consequences 
under the rule of using drugs while performing safety-sensitive 
functions, receiving a verified positive drug test result, or refusing 
to submit to a drug test required under the rule.
    B. EAP Training Program. Each employer shall implement a reasonable 
program of initial training for employees. The employee training program 
must include at least the following elements: The effects and 
consequences of drug use on personal health,

[[Page 545]]

safety, and work environment; the manifestations and behavioral cues 
that may indicate drug use and abuse; and documentation of training 
given to employees and employer's supervisory personnel. The employer's 
supervisory personnel who will determine when an employee is subject to 
testing based on reasonable cause shall receive specific training on 
specific, contemporaneous physical, behavioral, and performance 
indicators of probable drug use in addition to the training specified 
above. The employer shall ensure that supervisors who will make 
reasonable cause determinations receive at least 60 minutes of initial 
training. The employer shall implement a reasonable recurrent training 
program for supervisory personnel making reasonable cause determinations 
during subsequent years. The employer shall identify the employee and 
supervisor EAP training in the employer's drug testing plan submitted to 
the FAA for approval.
    IX. Employer's Antidrug Program Plan. A. Schedule for Submission of 
Plans and Implementation. 1. Each employer shall submit an antidrug 
program plan to the Federal Aviation Administration, Office of Aviation 
Medicine, Drug Abatement Division (AAM-800), 400 7th Street, SW., 
Washington, DC 20590.
    2. (a) Any person who applies for a certificate under the provisions 
of part 121 or part 135 of this chapter after September 19, 1994 shall 
submit an antidrug program plan to the FAA for approval and must obtain 
such approval prior to beginning operations under the certificate. The 
program shall be implemented not later than the date of inception of 
operations. Contractor employees to a new certificate holder must be 
subject to an FAA-approved antidrug program within 60 days of the 
implementation of the employer's program.
    (b) Any person who intends to begin sightseeing operations as an 
operator under 14 CFR 135.1(c) after September 19, 1994 shall, not later 
than 60 days prior to the proposed initiation of such operations, submit 
an antidrug program plan to the FAA for approval. No operator may begin 
conducting sightseeing flights prior to receipt of approval; the program 
shall be implemented concurrently with the inception of operations. 
Contractor employees to a new operator must be subject to an FAA-
approved program within 60 days of the implementation of the employer's 
program.
    (c) Any person who intends to begin air traffic control operations 
as an employer as defined in 14 CFR 65.46(a)(2) (air traffic control 
facilities not operated by the FAA or by or under contract to the U.S. 
military) after September 19, 1994 shall, not later than 60 days prior 
to the proposed initiation of such operations, submit an antidrug 
program plan to the FAA for approval. No air traffic control facility 
may begin conducting air traffic control operations prior to receipt of 
approval; the program shall be implemented concurrently with the 
inception of operations. Contractor employees to a new air traffic 
control facility must be subject to an FAA-approved program within 60 
days of the implementation of the facility's program.
    3. In accordance with this appendix, an entity or individual that 
holds a repair station certificate issued by the FAA pursuant to part 
145 of this chapter and employs individuals who perform a safety-
sensitive function pursuant to a primary or direct contract with an 
employer or an operator may submit an antidrug program plan (specifying 
the procedures for complying with this appendix) to the FAA for 
approval. Each certificated repair station shall implement its approved 
antidrug program in accordance with its terms.
    4. Any entity or individual whose employees perform safety-sensitive 
functions pursuant to a contract with an employer (as defined in section 
II of this appendix), and any consortium may submit an antidrug program 
plan to the FAA for approval on a form and in a manner prescribed by the 
Administrator.
    (a) The plan shall specify the procedures that will be used to 
comply with the requirements of this appendix.
    (b) Each consortium program must provide for reporting changes in 
consortium membership to the FAA within 10 working days of such changes.
    (c) Each contractor or consortium shall implement its antidrug 
program in accordance with the terms of its approved plan.
    5. Each air traffic control facility operating under contract to the 
FAA shall submit an antidrug program plan to the FAA (specifying the 
procedures for all testing required by this appendix) not later than 
November 17, 1994. Each facility shall implement its antidrug program 
not later than 60 days after approval of the program by the FAA. 
Employees performing air traffic control duties by contract for the air 
traffic control facility (i.e., not directly employed by the facility) 
must be subject to an FAA-approved antidrug program within 60 days of 
implementation of the air traffic control facility's program.
    6. Each employer, or contractor company that has submitted an 
antidrug plan directly to the FAA, shall ensure that it is continuously 
covered by an FAA-approved antidrug program, and shall obtain 
appropriate approval from the FAA prior to changing programs (e.g., 
joining another carrier's program, joining a consortium, or transferring 
to another consortium).
    B. An employer's antidrug plan must specify the methods by which the 
employer will comply with the testing requirements of this appendix. The 
plan must provide the name and address of the laboratory which has been 
selected by the employer for analysis of the

[[Page 546]]

specimens collected during the employer's antidrug testing program.
    C. An employer's antidrug plan must specify the procedures and 
personnel the employer will use to ensure that a determination is made 
as to the veracity of test results and possible legitimate explanations 
for an employee receiving a verified positive drug test result.
    D. The employer shall consider its antidrug program to be approved 
by the Administrator, unless notified to the contrary by the FAA, within 
60 days after submission of the plan to the FAA.
    X. Reporting of Antidrug Program Results. A. Annual reports of 
antidrug program results shall be submitted to the FAA in the form and 
manner prescribed by the Administrator by March 15 of the succeeding 
calendar year for the prior calendar year (January 1 through December 
31) in accordance with the provisions below.
    1. Each part 121 certificate holder shall submit an annual report 
each year.
    2. Each entity conducting an antidrug program under an FAA-approved 
antidrug plan, other than a part 121 certificate holder, that has 50 or 
more employees performing a safety-sensitive function on January 1 of 
any calendar year shall submit an annual report to the FAA for that 
calendar year.
    3. The Administrator reserves the right to require that aviation 
employers not otherwise required to submit annual reports prepare and 
submit such reports to the FAA. Employers that will be required to 
submit annual reports under this provision will be notified in writing 
by the FAA.
    B. Each report shall be submitted in the form and manner prescribed 
by the Administrator. No other form, including another DOT Operating 
Administration's form, is acceptable for submission to the FAA.
    C. Each report shall be signed by the employer's antidrug program 
manager or other designated representative.
    D. Each report with verified positive drug test results shall 
include all of the following informational elements:
    1. Number of covered employees by employee category.
    2. Number of covered employees affected by the antidrug rule of 
another operating administration identified and reported by number and 
employee category.
    3. Number of specimens collected by type of test and employee 
category.
    4. Number of positive drug test results verified by a Medical Review 
Officer (MRO) by type of test, type of drug, and employee category.
    5. Number of negative drug test results reported by an MRO by type 
of test and employee category.
    6. Number of persons denied a safety-sensitive position based on a 
verified positive pre-employment drug test result reported by an MRO.
    7. Action taken following a verified positive drug test result(s), 
by type of action.
    8. Number of employees returned to duty during the reporting period 
after having received a verified positive drug test result on or refused 
to submit to a drug test required under the FAA rule.
    9. Number of employees by employee category with tests verified 
positive for multiple drugs by an MRO.
    10. Number of employees who refused to submit to a drug test and the 
action taken in response to the refusal(s).
    11. Number of covered employees who have received required initial 
training.
    12. Number of supervisory personnel who have received required 
initial training.
    13. Number of supervisors who have received required recurrent 
training.
    E. Each report with only negative drug test results shall include 
all of the following informational elements. (This report may only be 
submitted by employers with no verified positive drug test results 
during the reporting year.)
    1. Number of covered employees by employee category.
    2. Number of covered employees affected by the antidrug rule of 
another operating administration identified and reported by number and 
employee category.
    3. Number of specimens collected by type of test and employee 
category.
    4. Number of negative tests reported by an MRO by type of test and 
employee category.
    5. Number of employees who refused to submit to a drug test and the 
action taken in response to the refusal(s).
    6. Number of employees returned to duty during the reporting period 
after having received a verified positive drug test result on or refused 
to submit to a drug test required under the FAA rule.
    7. Number of covered employees who have received required initial 
training.
    8. Number of supervisory personnel who have received required 
initial training.
    9. Number of supervisors who have received required recurrent 
training.
    F. An FAA-approved consortium may prepare reports on behalf of 
individual aviation employers for purposes of compliance with this 
reporting requirement. However, the aviation employer shall sign and 
submit such a report and shall remain responsible for ensuring the 
accuracy and timeliness of each report prepared on its behalf by a 
consortium.
    XI. Preemption. A. The issuance of 14 CFR parts 65, 121, and 135 by 
the FAA preempts any state or local law, rule, regulation, order, or 
standard covering the subject matter of 14 CFR parts 65, 121, and 135, 
including but not limited to, drug testing of aviation

[[Page 547]]

personnel performing safety-sensitive functions.
    B. The issuance of 14 CFR parts 65, 121, and 135 does not preempt 
provisions of state criminal law that impose sanctions for reckless 
conduct of an individual that leads to actual loss of life, injury, or 
damage to property whether such provisions apply specifically to 
aviation employees or generally to the public.
    XII. Employees Located Outside the Territory of the United States. 
A. No individual shall undergo a drug test required under the provisions 
of this appendix while located outside the territory of the United 
States.
    1. Each employee who is assigned to perform safety-sensitive 
functions solely outside the territory of the United States shall be 
removed from the random testing pool upon the inception of such 
assignment.
    2. Each covered employee who is removed from the random testing pool 
under this paragraph A shall be returned to the random testing pool when 
the employee resumes the performance of safety-sensitive functions 
wholly or partially within the territory of the United States.
    B. The provisions of this appendix shall not apply to any person who 
performs a function listed in section III of this appendix by contract 
for an employer outside the territory of the United States.

[Amdt. 121-240, 59 FR 42928, Aug. 19, 1994; 59 FR 53869, Oct. 26, 1994, 
as amended at 59 FR 62226, Dec. 2, 1994; Amdt. 121-240, 59 FR 66672, 
Dec. 28, 1994; 61 FR 37224, July 17, 1996]

        Appendix J to Part 121--Alcohol Misuse Prevention Program

    This appendix contains the standards and components that must be 
included in an alcohol misuse prevention program required by this 
chapter.

                               I. General.

    A. Purpose. The purpose of this appendix is to establish programs 
designed to help prevent accidents and injuries resulting from the 
misuse of alcohol by employees who perform safety-sensitive functions in 
aviation.
    B. Alcohol testing procedures. Each employer shall ensure that all 
alcohol testing conducted pursuant to this appendix complies with the 
procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 
that address alcohol testing are made applicable to employers by this 
appendix.
    C. Definitions.
    As used in this appendix--
    Accident means an occurrence associated with the operation of an 
aircraft which takes place between the time any person boards the 
aircraft with the intention of flight and the time all such persons have 
disembarked, and in which any person suffers death or serious injury or 
in which the aircraft receives substantial damage.
    Administrator means the Administrator of the Federal Aviation 
Administration or his or her designated representative.
    Alcohol means the intoxicating agent in beverage alcohol, ethyl 
alcohol, or other low molecular weight alcohols, including methyl or 
isopropyl alcohol.
    Alcohol concentration (or content) means the alcohol in a volume of 
breath expressed in terms of grams of alcohol per 210 liters of breath 
as indicated by an evidential breath test under this appendix.
    Alcohol use means the consumption of any beverage, mixture, or 
preparation, including any medication, containing alcohol.
    Confirmation test means a second test, following a screening test 
with a result 0.02 or greater, that provides quantitative data of 
alcohol concentration.
    Consortium means an entity, including a group or association of 
employers or contractors, that provides alcohol testing as required by 
this appendix and that acts on behalf of such employers or contractors, 
provided that it has submitted an alcohol misuse prevention program 
certification statement to the FAA in accordance with this appendix.
    Contractor company means a company that has employees who perform 
safety-sensitive functions by contract for an employer.
    Covered employee means a person who performs, either directly or by 
contract, a safety-sensitive function listed in section II of this 
appendix for an employer (as defined below). For purposes of pre-
employment testing only, the term ``covered employee'' includes a person 
applying to perform a safety-sensitive function.
    DOT agency means an agency (or ``operating administration'') of the 
United States Department of Transportation administering regulations 
requiring alcohol testing (14 CFR parts 65, 121, and 135; 49 CFR parts 
199, 219, and 382) in accordance with 49 CFR part 40.
    Employer means a part 121 certificate holder; a part 135 certificate 
holder; an air traffic control facility not operated by the FAA or by or 
under contract to the U.S. military; and an operator as defined in 14 
CFR 135.1(c).
    Performing (a safety-sensitive function): an employee is considered 
to be performing a safety-sensitive function during any period in which 
he or she is actually performing, ready to perform, or immediately 
available to perform such functions.
    Refuse to submit (to an alcohol test) means that a covered employee 
fails to provide adequate breath for testing without a valid medical 
explanation after he or she has received notice of the requirement to be 
tested in accordance with this appendix, or engages in conduct that 
clearly obstructs the testing process.

[[Page 548]]

    Safety-sensitive function means a function listed in section II of 
this appendix.
    Screening test means an analytical procedure to determine whether a 
covered employee may have a prohibited concentration of alcohol in his 
or her system.
    Violation rate means the number of covered employees (as reported 
under section IV of this appendix) found during random tests given under 
this appendix to have an alcohol concentration of 0.04 or greater plus 
the number of employees who refused a random test required by this 
appendix, divided by the total reported number of employees in the 
industry given random alcohol tests under this appendix plus the total 
reported number of employees in the industry who refuse a random test 
required by this appendix.
    D. Preemption of State and local laws.
    1. Except as provided in subparagraph 2 of this paragraph, these 
regulations preempt any State or local law, rule, regulation, or order 
to the extent that:
    (a) Compliance with both the State or local requirement and this 
appendix is not possible; or
    (b) Compliance with the State or local requirement is an obstacle to 
the accomplishment and execution of any requirement in this appendix.
    2. The alcohol misuse requirements of this title shall not be 
construed to preempt provisions of State criminal law that impose 
sanctions for reckless conduct leading to actual loss of life, injury, 
or damage to property, whether the provisions apply specifically to 
transportation employees or employers or to the general public.
    E. Other requirements imposed by employers.
    Except as expressly provided in these alcohol misuse requirements, 
nothing in these requirements shall be construed to affect the authority 
of employers, or the rights of employees, with respect to the use or 
possession of alcohol, including any authority and rights with respect 
to alcohol testing and rehabilitation.
    F. Requirement for notice.
    Before performing an alcohol test under this appendix, each employer 
shall notify a covered employee that the alcohol test is required by 
this appendix. No employer shall falsely represent that a test is 
administered under this appendix.

                          II. Covered Employees

    Each employee who performs a function listed in this section 
directly or by contract for an employer as defined in this appendix must 
be subject to alcohol testing under an FAA-approved alcohol misuse 
prevention program implemented in accordance with this appendix. The 
covered safety-sensitive functions are:
    1. Flight crewmember duties.
    2. Flight attendant duties.
    3. Flight instruction duties.
    4. Aircraft dispatcher duties.
    5. Aircraft maintenance or preventive maintenance duties.
    6. Ground security coordinator duties.
    7. Aviation screening duties.
    8. Air traffic control duties.

                           III. Tests Required

                            A. Pre-employment

    1. Prior to the first time a covered employee performs safety-
sensitive functions for an employer, the employee shall undergo testing 
for alcohol. No employer shall allow a covered employee to perform 
safety-sensitive functions unless the employee has been administered an 
alcohol test with a result indicating an alcohol concentration less than 
0.04. If a pre-employment test result under this paragraph indicates an 
alcohol concentration of 0.02 or greater but less than 0.04, the 
provisions of paragraph F of section V of this appendix apply.
    2. An employer is not required to administer an alcohol test as 
required by this paragraph if:
    (a) The employee has undergone an alcohol test required by this 
appendix or the alcohol misuse rule of another DOT agency under 49 CFR 
part 40 within the previous 6 months, with a result indicating an 
alcohol concentration less than 0.04; and
    (b) The employer ensures that no prior employer of the covered 
employee of whom the employer has knowledge has records of a violation 
of Sec. 65.46a, 121.458, or 135.253 of this chapter or the alcohol 
misuse rule of another DOT agency within the previous 6 months.

                            B. Post-accident

    1. As soon as practicable following an accident, each employer shall 
test each surviving covered employee for alcohol if that employee's 
performance of a safety-sensitive function either contributed to the 
accident or cannot be completely discounted as a contributing factor to 
the accident. The decision not to administer a test under this section 
shall be based on the employer's determination, using the best available 
information at the time of the determination, that the covered 
employee's performance could not have contributed to the accident.
    2. (a) If a test required by this section is not administered within 
2 hours following the accident, the employer shall prepare and maintain 
on file a record stating the reasons the test was not promptly 
administered. If a test required by this section is not administered 
within 8 hours following the accident, the employer shall cease attempts 
to administer an alcohol test and shall prepare and maintain the same 
record. Records shall be submitted to the FAA upon request of the 
Administrator or his or her designee.

[[Page 549]]

    (b) For the years stated in this paragraph, employers who submit MIS 
reports shall submit to the FAA each record of a test required by this 
section that is not completed within 8 hours. The employer's records of 
tests that are not completed within 8 hours shall be submitted to the 
FAA by March 15, 1996; March 15, 1997; and March 15, 1998; for calendar 
years 1995, 1996, and 1997, respectively. Employers shall append these 
records to their MIS submissions. Each record shall include the 
following information:
    (i) Type of test (reasonable suspicion/post-accident);
    (ii) Triggering event (including date, time, and location);
    (iii) Employee category (do not include employee name or other 
identifying information);
    (iv) Reason(s) test could not be completed within 8 hours; and
    (v) If blood alcohol testing could have been completed within eight 
hours, the name, address, and telephone number of the testing site where 
blood testing could have occurred.
    3. A covered employee who is subject to post-accident testing shall 
remain readily available for such testing or may be deemed by the 
employer to have refused to submit to testing. Nothing in this section 
shall be construed to require the delay of necessary medical attention 
for injured people following an accident or to prohibit a covered 
employee from leaving the scene of an accident for the period necessary 
to obtain assistance in responding to the accident or to obtain 
necessary emergency medical care.

                            C. Random testing

    1. Except as provided in paragraphs 2-4 of this section, the minimum 
annual percentage rate for random alcohol testing will be 25 percent of 
the covered employees.
    2. The Administrator's decision to increase or decrease the minimum 
annual percentage rate for random alcohol testing is based on the 
violation rate for the entire industry. All information used for this 
determination is drawn from alcohol MIS reports required by this 
appendix. In order to ensure reliability of the data, the Administrator 
considers the quality and completeness of the reported data, may obtain 
additional information or reports from employers, and may make 
appropriate modifications in calculating the industry violation rate. 
Each year, the Administrator will publish in the Federal Register the 
minimum annual percentage rate for random alcohol testing of covered 
employees. The new minimum annual percentage rate for random alcohol 
testing will be applicable starting January 1 of the calendar year 
following publication.
    3. (a) When the minimum annual percentage rate for random alcohol 
testing is 25 percent or more, the Administrator may lower this rate to 
10 percent of all covered employees if the Administrator determines that 
the data received under the reporting requirements of this appendix for 
two consecutive calendar years indicate that the violation rate is less 
than 0.5 percent.
    (b) When the minimum annual percentage rate for random alcohol 
testing is 50 percent, the Administrator may lower this rate to 25 
percent of all covered employees if the Administrator determines that 
the data received under the reporting requirements of this appendix for 
two consecutive calendar years indicate that the violation rate is less 
than 1.0 percent but equal to or greater than 0.5 percent.
    4. (a) When the minimum annual percentage rate for random alcohol 
testing is 10 percent, and the data received under the reporting 
requirements of this appendix for that calendar year indicate that the 
violation rate is equal to or greater than 0.5 percent but less than 1.0 
percent, the Administrator will increase the minimum annual percentage 
rate for random alcohol testing to 25 percent of all covered employees.
    (b) When the minimum annual percentage rate for random alcohol 
testing is 25 percent or less, and the data received under the reporting 
requirements of this appendix for that calendar year indicate that the 
violation rate is equal to or greater than 1.0 percent, the 
Administrator will increase the minimum annual percentage rate for 
random alcohol testing to 50 percent of all covered employees.
    5. The selection of employees for random alcohol testing shall be 
made by a scientifically valid method, such as a random-number table or 
a computer-based random number generator that is matched with employees' 
Social Security numbers, payroll identification numbers, or other 
comparable identifying numbers. Under the selection process used, each 
covered employee shall have an equal chance of being tested each time 
selections are made.
    6. The employer shall randomly select a sufficient number of covered 
employees for testing during each calendar year to equal an annual rate 
not less than the minimum annual percentage rate for random alcohol 
testing determined by the Administrator. If the employer conducts random 
testing through a consortium, the number of employees to be tested may 
be calculated for each individual employer or may be based on the total 
number of covered employees who are subject to random alcohol testing at 
the same minimum annual percentage rate under this appendix or any DOT 
alcohol testing rule.
    7. Each employer shall ensure that random alcohol tests conducted 
under this appendix are unannounced and that the dates for administering 
random tests are spread reasonably throughout the calendar year.

[[Page 550]]

    8. Each employer shall require that each covered employee who is 
notified of selection for random testing proceeds to the testing site 
immediately; provided, however, that if the employee is performing a 
safety-sensitive function at the time of the notification, the employer 
shall instead ensure that the employee ceases to perform the safety-
sensitive function and proceeds to the testing site as soon as possible.
    9. A covered employee shall only be randomly tested while the 
employee is performing safety-sensitive functions; just before the 
employee is to perform safety-sensitive functions; or just after the 
employee has ceased performing such functions.
    10. If a given covered employee is subject to random alcohol testing 
under the alcohol testing rules of more than one DOT agency, the 
employee shall be subject to random alcohol testing at the percentage 
rate established for the calendar year by the DOT agency regulating more 
than 50 percent of the employee's functions.
    11. If an employer is required to conduct random alcohol testing 
under the alcohol testing rules of more than one DOT agency, the 
employer may--
    (a) Establish separate pools for random selection, with each pool 
containing the covered employees who are subject to testing at the same 
required rate; or
    (b) Randomly select such employees for testing at the highest 
percentage rate established for the calendar year by any DOT agency to 
which the employer is subject.

                     D. Reasonable Suspicion Testing

    1. An employer shall require a covered employee to submit to an 
alcohol test when the employer has reasonable suspicion to believe that 
the employee has violated the alcohol misuse prohibitions in 
Sec. 65.46a, 121.458, or 135.253 of this chapter.
    2. The employer's determination that reasonable suspicion exists to 
require the covered employee to undergo an alcohol test shall be based 
on specific, contemporaneous, articulable observations concerning the 
appearance, behavior, speech or body odors of the employee. The required 
observations shall be made by a supervisor who is trained in detecting 
the symptoms of alcohol misuse. The supervisor who makes the 
determination that reasonable suspicion exists shall not conduct the 
breath alcohol test on that employee.
    3. Alcohol testing is authorized by this section only if the 
observations required by paragraph 2 are made during, just preceding, or 
just after the period of the work day that the covered employee is 
required to be in compliance with this rule. An employee may be directed 
by the employer to undergo reasonable suspicion testing for alcohol only 
while the employee is performing safety-sensitive functions; just before 
the employee is to perform safety-sensitive functions; or just after the 
employee has ceased performing such functions.
    4. (a) If a test required by this section is not administered within 
2 hours following the determination made under paragraph 2 of this 
section, the employer shall prepare and maintain on file a record 
stating the reasons the test was not promptly administered. If a test 
required by this section is not administered within 8 hours following 
the determination made under paragraph 2 of this section, the employer 
shall cease attempts to administer an alcohol test and shall state in 
the record the reasons for not administering the test.
    (b) For the years stated in this paragraph, employers who submit MIS 
reports shall submit to the FAA each record of a test required by this 
section that is not completed within 8 hours. The employer's records of 
tests that are not completed within 8 hours shall be submitted to the 
FAA by March 15, 1996; March 15, 1997; and March 15, 1998; for calendar 
years 1995, 1996, and 1997, respectively. Employers shall append these 
records to their MIS submissions. Each record shall include the 
following information:
    (i) Type of test (reasonable suspicion/post-accident);
    (ii) Triggering event (including date, time, and location);
    (iii) Employee category (do not include employee name or other 
identifying information);
    (iv) Reason(s) test could not be completed within 8 hours; and
    (v) If blood alcohol testing could have been completed within eight 
hours, the name, address, and telephone number of the testing site where 
blood testing could have occurred.
    (c) Notwithstanding the absence of a reasonable suspicion alcohol 
test under this section, no covered employee shall report for duty or 
remain on duty requiring the performance of safety-sensitive functions 
while the employee is under the influence of or impaired by alcohol, as 
shown by the behavioral, speech, or performance indicators of alcohol 
misuse, nor shall an employer permit the covered employee to perform or 
continue to perform safety-sensitive functions until:
    (1) An alcohol test is administered and the employee's alcohol 
concentration measures less than 0.02; or
    (2) The start of the employee's next regularly scheduled duty 
period, but not less than 8 hours following the determination made under 
paragraph 2 of this section that there is reasonable suspicion that the 
employee has violated the alcohol misuse provisions in Sec. 65.46a, 
121.458, or 135.253 of this chapter.
    (d) Except as provided in paragraph 4(b), no employer shall take any 
action under this appendix against a covered employee based

[[Page 551]]

solely on the employee's behavior and appearance in the absence of an 
alcohol test. This does not prohibit an employer with authority 
independent of this appendix from taking any action otherwise consistent 
with law.

                        E. Return to Duty Testing

    Each employer shall ensure that before a covered employee returns to 
duty requiring the performance of a safety-sensitive function after 
engaging in conduct prohibited in Sec. 65.46a, 121.458, or 135.253 of 
this chapter, the employee shall undergo a return to duty alcohol test 
with a result indicating an alcohol concentration of less than 0.02.

                          F. Follow-up Testing

    Following a determination under section VI, paragraph C.2 of this 
appendix that a covered employee is in need of assistance in resolving 
problems associated with alcohol misuse, each employer shall ensure that 
the employee is subject to unannounced follow-up alcohol testing as 
directed by a substance abuse professional in accordance with the 
provisions of section VI, paragraph C.3(b)(2) of this appendix. A 
covered employee shall be tested under this paragraph only while the 
employee is performing safety-sensitive functions; just before the 
employee is to perform safety-sensitive functions; or just after the 
employee has ceased performing such functions.

G. Retesting of Covered Employees With an Alcohol Concentration of 0.02 
                      or Greater but Less Than 0.04

    Each employer shall retest a covered employee to ensure compliance 
with the provisions of section V, paragraph F of this appendix, if the 
employer chooses to permit the employee to perform a safety-sensitive 
function within 8 hours following the administration of an alcohol test 
indicating an alcohol concentration of 0.02 or greater but less than 
0.04.

   IV. Handling of Test Results, Record Retention, and Confidentiality

                         A. Retention of Records

    1. General Requirement. Each employer shall maintain records of its 
alcohol misuse prevention program as provided in this section. The 
records shall be maintained in a secure location with controlled access.
    2. Period of Retention. Each employer shall maintain the records in 
accordance with the following schedule:
    (a) Five years. Records of employee alcohol test results with 
results indicating an alcohol concentration of 0.02 or greater, records 
related to other violations of Sec. 65.46a, 121.458, or 135.253 of this 
chapter, documentation of refusals to take required alcohol tests, 
calibration documentation, employee evaluations and referrals, and 
copies of any annual reports submitted to the FAA under this appendix 
shall be maintained for a minimum of 5 years.
    (b) Two years. Records related to the collection process (except 
calibration of evidential breath testing devices) and training shall be 
maintained for a minimum of 2 years.
    (c) One year. Records of all test results below 0.02 shall be 
maintained for a minimum of 1 year.
    3. Types of Records. The following specific records shall be 
maintained.
    (a) Records related to the collection process:
    (1) Collection logbooks, if used.
    (2) Documents relating to the random selection process.
    (3) Calibration documentation for evidential breath testing devices.
    (4) Documentation of breath alcohol technician training.
    (5) Documents generated in connection with decisions to administer 
reasonable suspicion alcohol tests.
    (6) Documents generated in connection with decisions on post-
accident tests.
    (7) Documents verifying existence of a medical explanation of the 
inability of a covered employee to provide adequate breath for testing.
    (b) Records related to test results:
    (1) The employer's copy of the alcohol test form, including the 
results of the test;
    (2) Documents related to the refusal of any covered employee to 
submit to an alcohol test required by this appendix.
    (3) Documents presented by a covered employee to dispute the result 
of an alcohol test administered under this appendix.
    (c) Records related to other violations of Sec. 65.46a, 121.458, or 
135.253 of this chapter.
    (d) Records related to evaluations:
    (1) Records pertaining to a determination by a substance abuse 
professional concerning a covered employee's need for assistance.
    (2) Records concerning a covered employee's compliance with the 
recommendations of the substance abuse professional.
    (3) Records of notifications to the Federal Air Surgeon of 
violations of the alcohol misuse prohibitions in this chapter by covered 
employees who hold medical certificates issued under part 67 of this 
chapter.
    (e) Records related to education and training:
    (1) Materials on alcohol misuse awareness, including a copy of the 
employer's policy on alcohol misuse.
    (2) Documentation of compliance with the requirements of section VI, 
paragraph A of this appendix.
    (3) Documentation of training provided to supervisors for the 
purpose of qualifying the

[[Page 552]]

supervisors to make a determination concerning the need for alcohol 
testing based on reasonable suspicion.
    (4) Certification that any training conducted under this appendix 
complies with the requirements for such training.

       B. Reporting of Results in a Management Information System

    1. Annual reports summarizing the results of alcohol misuse 
prevention programs shall be submitted to the FAA in the form and manner 
prescribed by the Administrator by March 15 of each year covering the 
previous calendar year (January 1 through December 31) in accordance 
with the provisions below.
    (a) Each part 121 certificate holder shall submit an annual report 
each year.
    (b) Each entity conducting an alcohol misuse prevention program 
under the provisions of this appendix, other than a part 121 certificate 
holder, that has 50 or more covered employees on January 1 of any 
calendar year shall submit an annual report to the FAA for that calendar 
year.
    (c) The Administrator reserves the right to require employers not 
otherwise required to submit annual reports to prepare and submit such 
reports to the FAA. Employers that will be required to submit annual 
reports under this provision will be notified in writing by the FAA.
    2. Each employer that is subject to more than one DOT agency alcohol 
rule shall identify each employee covered by the regulations of more 
than one DOT agency. The identification will be by the total number and 
category of covered function. Prior to conducting any alcohol test on a 
covered employee subject to the rules of more than one DOT agency, the 
employer shall determine which DOT agency rule or rules authorizes or 
requires the test. The test result information shall be directed to the 
appropriate DOT agency or agencies.
    3. Each employer shall ensure the accuracy and timeliness of each 
report submitted.
    4. Each report shall be submitted in the form and manner prescribed 
by the Administrator.
    5. Each report shall be signed by the employer's alcohol misuse 
prevention program manager or other designated representative.
    6. Each report that contains information on an alcohol screening 
test result of 0.02 or greater or a violation of the alcohol misuse 
provisions of Sec. 65.46a, 121.458, or 135.253 of this chapter shall 
include the following informational elements:
    (a) Number of covered employees by employee category.
    (b) Number of covered employees in each category subject to alcohol 
testing under the alcohol misuse rule of another DOT agency, identified 
by each agency.
    (c)(1) Number of screening tests by type of test and employee 
category.
    (2) Number of confirmation tests, by type of test and employee 
category.
    (d) Number of confirmation alcohol tests indicating an alcohol 
concentration of 0.02 or greater but less than 0.04 by type of test and 
employee category.
    (e) Number of confirmation alcohol tests indicating an alcohol 
concentration of 0.04 or greater, by type of test and employee category.
    (f) Number of persons denied a position as a covered employee 
following a pre-employment alcohol test indicating an alcohol 
concentration of 0.04 or greater.
    (g) Number of covered employees with a confirmation alcohol test 
indicating an alcohol concentration of 0.04 or greater who were returned 
to duty in covered positions (having complied with the recommendations 
of a substance abuse professional as described in section V, paragraph 
E, and section VI, paragraph C of this appendix).
    (h) Number of covered employees who were administered alcohol and 
drug tests at the same time, with both a positive drug test result and 
an alcohol test result indicating an alcohol concentration of 0.04 or 
greater.
    (i) Number of covered employees who were found to have violated 
other alcohol misuse provisions of Sec. 65.46a, 121.458, or 135.253 of 
this chapter, and the action taken in response to the violation.
    (j) Number of covered employees who refused to submit to an alcohol 
test required under this appendix, the number of such refusals that were 
for random tests, and the action taken in response to each refusal.
    (k) Number of supervisors who have received required training during 
the reporting period in determining the existence of reasonable 
suspicion of alcohol misuse.
    7. Each report with no screening test results of 0.02 or greater or 
violations of the alcohol misuse provisions of Sec. 65.46a, 121.458, or 
135.253 of this chapter shall include the following informational 
elements. (This report may only be submitted if the program results meet 
these criteria.)
    (a) Number of covered employees by employee category.
    (b) Number of covered employees in each category subject to alcohol 
testing under the alcohol misuse rule of another DOT agency, identified 
by each agency.
    (c) Number of screening tests by type of test and employee category.
    (d) Number of covered employees who engaged in alcohol misuse who 
were returned to duty in covered positions (having complied with the 
recommendations of a substance abuse professional as described in 
section V, paragraph E, and section VI, paragraph C of this appendix).
    (e) Number of covered employees who refused to submit to an alcohol 
test required under this appendix, and the action taken in response to 
each refusal.

[[Page 553]]

    (f) Number of supervisors who have received required training during 
the reporting period in determining the existence of reasonable 
suspicion of alcohol misuse.
    8. An FAA-approved consortium may prepare reports on behalf of 
individual aviation employers for purposes of compliance with this 
reporting requirement. However, the aviation employer shall sign and 
submit such a report and shall remain responsible for ensuring the 
accuracy and timeliness of each report prepared on its behalf by a 
consortium.

                   C. Access to Records and Facilities

    1. Except as required by law or expressly authorized or required in 
this appendix, no employer shall release covered employee information 
that is contained in records required to be maintained under this 
appendix.
    2. A covered employee is entitled, upon written request, to obtain 
copies of any records pertaining to the employee's use of alcohol, 
including any records pertaining to his or her alcohol tests. The 
employer shall promptly provide the records requested by the employee. 
Access to an employee's records shall not be contingent upon payment for 
records other than those specifically requested.
    3. Each employer shall make available copies of all results of 
alcohol testing conducted under this appendix and any other information 
pertaining to the employer's alcohol misuse prevention program, when 
requested by the Secretary of Transportation or any DOT agency with 
regulatory authority over the employer or covered employee.
    4. When requested by the National Transportation Safety Board as 
part of an accident investigation, each employer shall disclose 
information related to the employer's administration of a post-accident 
alcohol test administered following the accident under investigation.
    5. Records shall be made available to a subsequent employer upon 
receipt of written request from the covered employee. Disclosure by the 
subsequent employer is permitted only as expressly authorized by the 
terms of the employee's request.
    6. An employer may disclose information required to be maintained 
under this appendix pertaining to a covered employee to the employee or 
to the decisionmaker in a lawsuit, grievance, or other proceeding 
initiated by or on behalf of the individual and arising from the results 
of an alcohol test administered under this appendix or from the 
employer's determination that the employee engaged in conduct prohibited 
under Sec. 65.46a, 121.458, or 135.253 of this chapter (including, but 
not limited to, a worker's compensation, unemployment compensation, or 
other proceeding relating to a benefit sought by the employee).
    7. An employer shall release information regarding a covered 
employee's records as directed by the specific, written consent of the 
employee authorizing release of the information to an identified person. 
Release of such information by the person receiving the information is 
permitted only in accordance with the terms of the employee's consent.
    8. Each employer shall permit access to all facilities utilized in 
complying with the requirements of this appendix to the Secretary of 
Transportation or any DOT agency with regulatory authority over the 
employer or any of its covered employees.

    V. Consequences for Employees Engaging in Alcohol-Related Conduct

                A. Removal From Safety-sensitive Function

    1. Except as provided in section VI of this appendix, no covered 
employee shall perform safety-sensitive functions if the employee has 
engaged in conduct prohibited by Sec. 65.46a, 121.458, or 135.253 of 
this chapter or an alcohol misuse rule of another DOT agency.
    2. No employer shall permit any covered employee to perform safety-
sensitive functions if the employer has determined that the employee has 
violated this paragraph.

               B. Permanent Disqualification From Service

    An employee who violates Sec. 65.46a(c), 121.458(c), or 135.253(c) 
of this chapter, or who engages in alcohol use that violates another 
alcohol misuse provision of Sec. 65.46a, 121.458, or 135.253 of this 
chapter and had previously engaged in alcohol use that violated the 
provisions of Sec. 65.46a, 121.458, or 135.253 of this chapter after 
becoming subject to such prohibitions is permanently precluded from 
performing for an employer the safety-sensitive duties the employee 
performed before such violation.

                  C. Notice to the Federal Air Surgeon

    1. An employer who determines that a covered employee who holds an 
airman medical certificate issued under part 67 of this chapter has 
engaged in alcohol use that violated the alcohol misuse provisions of 
Sec. 65.46a, 121.458, or 135.253 of this chapter shall notify the 
Federal Air Surgeon within 2 working days.
    2. Each such employer shall forward to the Federal Air Surgeon a 
copy of the report of any evaluation performed under the provisions of 
section VI of this appendix within 2 working days of the employer's 
receipt of the report.
    3. All documents shall be sent to the Federal Air Surgeon, Office of 
Aviation Medicine, Drug Abatement Division (AAM-800), 400 7th Street 
SW., Washington, DC 20590.
    4. No covered employee who holds a part 67 airman medical 
certificate shall perform

[[Page 554]]

safety-sensitive duties for an employer following a violation until and 
unless the Federal Air Surgeon has recommended that the employee be 
permitted to perform such duties.

                          D. Notice of Refusals

    1. Except as provided in subparagraph 2 of this paragraph D, each 
employer shall notify the FAA within 5 working days of any covered 
employee who holds a certificate issued under 14 CFR part 61, part 63, 
or part 65 who has refused to submit to an alcohol test required under 
this appendix. Notifications should be sent to: Federal Aviation 
Administration, Aviation Standards National Field Office, Airmen 
Certification Branch, AVN-460, P.O. Box 25082, Oklahoma City, OK 73125.
    2. An employer is not required to notify the above office of 
refusals to submit to pre-employment alcohol tests or refusals to submit 
to return to duty tests.

                   E. Required Evaluation and Testing

    No covered employee who has engaged in conduct prohibited by 
Sec. 65.46a, 121.458, or 135.253 of this chapter shall perform safety-
sensitive functions unless the employee has met the requirements of 
section VI, paragraph C of this appendix. No employer shall permit a 
covered employee who has engaged in such conduct to perform safety-
sensitive functions unless the employee has met the requirements of 
section VI, paragraph C of this appendix.

                    F. Other Alcohol-Related Conduct

    1. No covered employee tested under the provisions of section III of 
this appendix who is found to have an alcohol concentration of 0.02 or 
greater but less than 0.04 shall perform or continue to perform safety-
sensitive functions for an employer, nor shall an employer permit the 
employee to perform or continue to perform safety-sensitive functions, 
until:
    (a) The employee's alcohol concentration measures less than 0.02; or
    (b) The start of the employee's next regularly scheduled duty 
period, but not less than 8 hours following administration of the test.
    2. Except as provided in subparagraph 1 of this paragraph, no 
employer shall take any action under this rule against an employee based 
solely on test results showing an alcohol concentration less than 0.04. 
This does not prohibit an employer with authority independent of this 
rule from taking any action otherwise consistent with law.

         VI. Alcohol Misuse Information, Training, and Referral

 A. Employer Obligation to Promulgate a Policy on the Misuse of Alcohol

    1. General requirements. Each employer shall provide educational 
materials that explain these alcohol misuse requirements and the 
employer's policies and procedures with respect to meeting those 
requirements.
    (a) The employer shall ensure that a copy of these materials is 
distributed to each covered employee prior to the start of alcohol 
testing under the employer's FAA-mandated alcohol misuse prevention 
program and to each person subsequently hired for or transferred to a 
covered position.
    (b) Each employer shall provide written notice to representatives of 
employee organizations of the availability of this information.
    2. Required content. The materials to be made available to employees 
shall include detailed discussion of at least the following:
    (a) The identity of the person designated by the employer to answer 
employee questions about the materials.
    (b) The categories of employees who are subject to the provisions of 
these alcohol misuse requirements.
    (c) Sufficient information about the safety-sensitive functions 
performed by those employees to make clear what period of the work day 
the covered employee is required to be in compliance with these alcohol 
misuse requirements.
    (d) Specific information concerning employee conduct that is 
prohibited by this chapter.
    (e) The circumstances under which a covered employee will be tested 
for alcohol under this appendix.
    (f) The procedures that will be used to test for the presence of 
alcohol, protect the employee and the integrity of the breath testing 
process, safeguard the validity of the test results, and ensure that 
those results are attributed to the correct employee.
    (g) The requirement that a covered employee submit to alcohol tests 
administered in accordance with this appendix.
    (h) An explanation of what constitutes a refusal to submit to an 
alcohol test and the attendant consequences.
    (i) The consequences for covered employees found to have violated 
the prohibitions in this chapter, including the requirement that the 
employee be removed immediately from performing safety-sensitive 
functions, and the procedures under section VI of this appendix.
    (j) The consequences for covered employees found to have an alcohol 
concentration of 0.02 or greater but less than 0.04.

[[Page 555]]

    (k) Information concerning the effects of alcohol misuse on an 
individual's health, work, and personal life; signs and symptoms of an 
alcohol problem; and available methods of evaluating and resolving 
problems associated with the misuse of alcohol; and intervening when an 
alcohol problem is suspected, including confrontation, referral to any 
available employee assistance program, and/or referral to management.
    (l) Optional provisions. The materials supplied to covered employees 
may also include information on additional employer policies with 
respect to the use or possession of alcohol, including any consequences 
for an employee found to have a specified alcohol level, that are based 
on the employer's authority independent of this appendix. Any such 
additional policies or consequences must be clearly and obviously 
described as being based on independent authority.

                       B. Training for Supervisors

    Each employer shall ensure that persons designated to determine 
whether reasonable suspicion exists to require a covered employee to 
undergo alcohol testing under section II of this appendix receive at 
least 60 minutes of training on the physical, behavioral, speech, and 
performance indicators of probable alcohol misuse.

                 C. Referral, Evaluation, and Treatment

    1. Each covered employee who has engaged in conduct prohibited by 
Sec. 65.46a, 121.458, or 135.253 of this chapter shall be advised by the 
employer of the resources available to the employee in evaluating and 
resolving problems associated with the misuse of alcohol, including the 
names, addresses, and telephone numbers of substance abuse professionals 
and counseling and treatment programs.
    2. Each covered employee who engages in conduct prohibited under 
Sec. 65.46a, 121.458, or 135.253 of this chapter shall be evaluated by a 
substance abuse professional who must determine what assistance, if any, 
the employee needs in resolving problems associated with alcohol misuse.
    3. (a) Before a covered employee returns to duty requiring the 
performance of a safety-sensitive function after engaging in conduct 
prohibited by Sec. 65.46a, 121.458, or 135.253 of this chapter, the 
employee shall undergo a return-to-duty alcohol test with a result 
indicating an alcohol concentration of less than 0.02.
    (b) In addition, each covered employee identified as needing 
assistance in resolving problems associated with alcohol misuse--
    (i) Shall be evaluated by a substance abuse professional to 
determine whether the employee has properly followed any rehabilitation 
program prescribed under subparagraph 2 of this paragraph, and,
    (ii) Shall be subject to unannounced follow-up alcohol tests 
administered by the employer following the employee's return to duty. 
The number and frequency of such follow-up testing shall be determined 
by a substance abuse professional, but shall consist of at least six 
tests in the first 12 months following the employee's return to duty. 
The employer may direct the employee to undergo testing for drugs (both 
return to duty and follow-up), in addition to alcohol testing, if the 
substance abuse professional determines that drug testing is necessary 
for the particular employee. Any such drug testing shall be conducted in 
accordance with the requirements of 49 CFR part 40. Follow-up testing 
shall not exceed 60 months from the date of the employee's return to 
duty. The substance abuse professional may terminate the requirement for 
follow-up testing at any time after the first six tests have been 
administered, if the substance abuse professional determines that such 
testing is no longer necessary.
    4. Evaluation and rehabilitation may be provided by the employer, by 
a substance abuse professional under contract with the employer, or by a 
substance abuse professional not affiliated with the employer. The 
choice of substance abuse professional and assignment of costs shall be 
made in accordance with employer/employee agreements and employer 
policies.
    5. Each employer shall ensure that a substance abuse professional 
who determines that a covered employee requires assistance in resolving 
problems with alcohol misuse does not refer the employee to the 
substance abuse professional's private practice or to a person or 
organization from which the substance abuse professional receives 
remuneration or in which the substance abuse professional has a 
financial interest. This paragraph does not prohibit a substance abuse 
professional from referring an employee for assistance provided 
through--
    (a) A public agency, such as a State, county, or municipality;
    (b) The employer or a person under contract to provide treatment for 
alcohol problems on behalf of the employer;
    (c) The sole source of therapeutically appropriate treatment under 
the employee's health insurance program; or
    (d) The sole source of therapeutically appropriate treatment 
reasonably accessible to the employee.
    6. The requirements of this paragraph with respect to referral, 
evaluation, and rehabilitation do not apply to applicants who refuse to 
submit to pre-employment testing or have a pre-employment test with a 
result indicating an alcohol concentration of 0.04 or greater.

[[Page 556]]

            VII. Employer's Alcohol Misuse Prevention Program

       A. Schedule for Submission of Certification Statements and 
                             Implementation

    1. Each employer shall submit an alcohol misuse prevention program 
(AMPP) certification statement as prescribed in paragraph B of section 
VII of this appendix, in duplicate, to the FAA, Office of Aviation 
Medicine, Drug Abatement Division (AAM-800), 400 7th Street SW., 
Washington, DC 20590, in accordance with the schedule below.
    (a) Each employer that holds a part 121 certificate, each employer 
that holds a part 135 certificate and directly employs more than 50 
covered employees, and each air traffic control facility affected by 
this rule shall submit a certification statement to the FAA by July 1, 
1994. Each employer must implement an AMPP meeting the requirements of 
this appendix on January 1, 1995. Contractor employees to these 
employers must be subject to an AMPP meeting the requirements of this 
appendix by July 1, 1995.
    (b) Each employer that holds a part 135 certificate and directly 
employs from 11 to 50 covered employees shall submit a certification 
statement to the FAA by January 1, 1995. Each employer must implement an 
AMPP meeting the requirements of this appendix on July 1, 1995. 
Contractor employees to these employers must be subject to an AMPP 
meeting the requirements of this appendix by January 1, 1996.
    (c) Each employer that holds a part 135 certificate and directly 
employs ten or fewer covered employees, and each operator as defined in 
14 CFR 135.1(c) shall submit a certification statement to the FAA by 
July 1, 1995. Each employer must implement an AMPP meeting the 
requirements of this appendix on January 1, 1996. Contractor employees 
to these employers must be subject to an AMPP meeting the requirements 
of this appendix by July 1, 1996.
    2. A company providing covered employees by contract to employers 
may be authorized by the FAA to establish an AMPP under the auspices of 
this appendix by submitting a certification statement meeting the 
requirements of paragraph B of section VII of this appendix directly to 
the FAA. Each contractor company that establishes an AMPP shall 
implement its AMPP in accordance with the provisions of this appendix.
    (a) The FAA may revoke its authorization in the case of any 
contractor company that fails to properly implement its AMPP.
    (b) No employer shall use a contractor company's employee who is not 
subject to the employer's AMPP unless the employer has first determined 
that the employee is subject to the contractor company's FAA-mandated 
AMPP.
    3. A consortium may be authorized to establish a consortium AMPP 
under the auspices of this appendix by submitting a certification 
statement meeting the requirements of paragraph B of section VII of this 
appendix directly to the FAA. Each consortium that so certifies shall 
implement the AMPP on behalf of the consortium members in accordance 
with the provisions of this appendix.
    (a) The FAA may revoke its authorization in the case of any 
consortium that fails to properly implement the AMPP.
    (b) Each employer that participates in an FAA-approved consortium 
remains individually responsible for ensuring compliance with the 
provisions of these alcohol misuse requirements and must maintain all 
records required under section IV of this appendix.
    (c) Each consortium shall notify the FAA of any membership 
termination within 10 days of such termination.
    4. Any person who applies for a certificate under the provisions of 
parts 121 or 135 of this chapter after the effective date of the final 
rule shall submit an alcohol misuse prevention program (AMPP) 
certification statement to the FAA prior to beginning operations 
pursuant to the certificate. The AMPP shall be implemented concurrently 
with beginning such operations or on the date specified in paragraph 
A.1. of this section, whichever is later. Contractor employees to a new 
certificate holder must be subject to an FAA-mandated AMPP within 180 
days of the implementation of the employer's AMPP.

    5. Any person who intends to begin air traffic control operations as 
an employer as defined in 14 CFR 65.46(a)(2) (air traffic control 
facilities not operated by the FAA or by or under contract to the U.S. 
military) after March 18, 1994 shall, not later than 60 days prior to 
the proposed initiation of such operations, submit an alcohol misuse 
prevention program certification statement to the FAA. The AMPP shall be 
implemented concurrently with the inception of operations or on the date 
specified in paragraph A.1 of this section, whichever is later. 
Contractor employees to a new air traffic control facility must be 
subject to an FAA-approved program within 180 days of the implementation 
of the facility's program.

    6. Any person who intends to begin sightseeing operations as an 
operator under 14 CFR 135.1(c) after March 18, 1994 shall, not later 
than 60 days prior to the proposed initiation of such operations, submit 
an alcohol misuse prevention program (AMPP) certification statement to 
the FAA. The AMPP shall be implemented concurrently with the inception 
of operations or on the date specified in paragraph A.1 of this section, 
whichever is later. Contractor employees to a new operator must be 
subject to an FAA-mandated AMPP within 180 days of the implementation of 
the employer's AMPP.


[[Page 557]]


    7. The duplicate certification statement shall be annotated 
indicating receipt by the FAA and returned to the employer, contractor 
company, or consortium.

    8. Each consortium that submits an AMPP certification statement to 
the FAA must receive actual notice of the FAA's receipt of the statement 
prior to performing services as an FAA-approved consortium under this 
appendix on behalf of employers or contractor companies.

    9. Each employer, and each contractor company that submits a 
certification statement directly to the FAA, shall notify the FAA of any 
proposed change in status (e.g., join a consortium or another carrier's 
program, change consortium, etc.) prior to the effective date of such 
change. The employer or contractor company must ensure that it is 
continuously covered by an FAA-mandated alcohol misuse prevention 
program.

          B. Required Content of AMPP Certification Statements

    1. Each AMPP certification statement submitted by an employer or a 
contractor company shall provide the following information:
    (a) The name, address, and telephone number of the employer/
contractor company and for the employer/contractor company AMPP manager;
    (b) FAA operating certificate number (if applicable);
    (c) The date on which the employer or contractor company will 
implement its AMPP;
    (d) If the submitter is a consortium member, the identity of the 
consortium; and
    (e) A statement signed by an authorized representative of the 
employer or contractor company certifying an understanding of and 
agreement to comply with the provisions of the FAA's alcohol misuse 
prevention regulations.
    2. Each consortium certification statement shall provide the 
following information.
    (a) The name, address, and telephone number of the consortium's AMPP 
manager;
    (b) A list of the specific services the consortium will be providing 
in implementation of FAA-mandated AMPPs (e.g., random testing, SAP).
    (c) A statement signed by an authorized representative of the 
consortium certifying an understanding of and agreement to comply with 
the provisions of the FAA's alcohol misuse prevention regulations.

                VIII. Employees Located Outside the U.S.

    A. No covered employee shall be tested for alcohol misuse while 
located outside the territory of the United States.
    1. Each covered employee who is assigned to perform safety-sensitive 
functions solely outside the territory of the United States shall be 
removed from the random testing pool upon the inception of such 
assignment.
    2. Each covered employee who is removed from the random testing pool 
under this paragraph shall be returned to the random testing pool when 
the employee resumes the performance of safety-sensitive functions 
wholly or partially within the territory of the United States.
    B. The provisions of this appendix shall not apply to any person who 
performs a safety-sensitive function by contract for an employer outside 
the territory of the United States.

[Amdt. 121-237, 59 FR 7390, Feb. 15, 1994, as amended at 59 FR 53086, 
Oct. 21, 1994; 59 FR 62238, 62239, Dec. 2, 1994; 59 FR 66672, Dec. 28, 
1994; 61 FR 37224, July 17, 1996]

    Effective Date Note: By Amdt. 121-237, 60 FR 24766, May 10, 1995, 
part 121, was amended by suspending appendix J, sec. III, subsection A 
(``Pre-employment''), effective May 10, 1995.

      Appendix K to Part 121--Performance Requirements for Certain 
                    Turbopropeller Powered Airplanes

    1. Applicability. This appendix specifies requirements for the 
following turbopropeller powered airplanes that must comply with the 
Airplane Performance Operating Limitations in Secs. 121.189 through 
121.197:
    a. After December 20, 2010, each airplane manufactured before March 
20, 1997 and type certificated in the:
    i. Normal category before July 1, 1970, and meets special conditions 
issued by the Administrator for airplanes intended for use in operations 
under part 135 of this chapter.
    ii. Normal category before July 19, 1970, and meets the additional 
airworthiness standards in SFAR No. 23 of 14 CFR part 23.
    iii. Normal category, and complies with the additional airworthiness 
standards in appendix A of part 135 of this chapter.
    iv. Normal category, and complies with section 1.(a) or 1.(b) of 
SFAR No. 41 of 14 CFR part 21.
    b. After March 20, 1997, each airplane:
    i. Type certificated prior to March 29, 1995, in the commuter 
category.
    ii. Manufactured on or after March 20, 1997, and that was type 
certificated in the normal category, and complies with the requirements 
described in paragraphs 1.a.i through iii of this appendix.
    2. Background. Sections 121.157 and 121.173(b) require that the 
airplanes operated under this part and described in paragraph 1 of this 
appendix, comply with the Airplane Performance Operating Limitations in 
Secs. 121.189 through 121.197. Airplanes described in Sec. 121.157(f) 
and paragraph 1.a of this appendix must comply on and after December 20,

[[Page 558]]

2010. Airplanes described in Sec. 121.157(e) and paragraph 1.b of this 
appendix must comply on and after March 20, 1997. (Airplanes type 
certificated in the normal category, and in accordance with SFAR No. 41 
of 14 CFR part 21, as described in paragraph 1.a.iv of this appendix, 
may not be produced after October 17, 1991.)
    3. References. Unless otherwise specified, references in this 
appendix to sections of part 23 of this chapter are to those sections of 
14 CFR part 23, as amended by Amendment No. 23-45 (August 6, 1993, 58 FR 
42156).

                               Performance

    4. Interim Airplane Performance Operating Limitations.
    a. Until December 20, 2010, airplanes described in paragraph 1.a of 
this appendix may continue to comply with the requirements in subpart I 
of part 135 and Sec. 135.181(a)(2) of this chapter that apply to small, 
nontransport category airplanes.
    b. Until March 20, 1997, airplanes described in paragraph 1.b.i of 
this appendix may continue to comply with the requirements in subpart I 
of part 135 of this chapter that apply to commuter category airplanes.
    5. Final Airplane Performance Operating Limitations.
    a. Through an amended type certification program or a supplemental 
type certification program, each airplane described in paragraph 1.a and 
1.b.ii of this appendix must be shown to comply with the commuter 
category performance requirements specified in this appendix, which are 
included in part 23 of this chapter. Each new revision to a current 
airplane performance operating limitation for an airplane that is or has 
been demonstrated to comply, must also be approved by the Administrator. 
An airplane approved to the requirements of section 1.(b) of SFAR No. 41 
of 14 CFR part 21, as described in paragraph 1.a.iv of this appendix, 
and that has been demonstrated to comply with the additional 
requirements of section 4.(c) of SFAR No. 41 of 14 CFR part 21 and 
International Civil Aviation Organization Annex 8 (available from the 
FAA, 800 Independence Avenue SW., Washington, DC 20591), will be 
considered to be in compliance with the commuter category performance 
requirements.
    b. Each turbopropeller powered airplane subject to this appendix 
must be demonstrated to comply with the airplane performance operating 
limitation requirements of this chapter specified as follows:
    i. Section 23.45 Performance General.
    ii. Section 23.51 Takeoff.
    iii. Section 23.53 Takeoff speeds.
    iv. Section 23.55 Accelerate stop distance.
    v. Section 23.57 Takeoff path.
    vi. Section 23.59 Takeoff distance and takeoff run.
    vii. Section 23.61 Takeoff flight path.
    viii. Section 23.65 Climb: All engines operating.
    ix. Section 23.67 Climb: one engine inoperative.
    x. Section 23.75 Landing.
    xi. Section 23.77 Balked landing.
    xii. Sections 23.1581 through 23.1589 Airplane flight manual and 
approved manual material.
    6. Operation. After compliance with the final airplane performance 
operating limitations requirements has been demonstrated and added to 
the Airplane Flight Manual performance data of the affected airplane, 
that airplane must be operated in accordance with the performance 
limitations of Secs. 121.189 through 121.197.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995]

 Appendix L to Part 121--Type Certification Regulations Made Previously 
                                Effective

    Appendix L lists regulations in this part that require compliance 
with standards contained in superseded type certification regulations 
that continue to apply to certain transport category airplanes. The 
tables set out citations to current CFR section, applicable aircraft, 
superseded type certification regulation and applicable time periods, 
and the CFR edition and Federal Register documents where the regulation 
having prior effect is found. Copies of all superseded regulations may 
be obtained at the Federal Aviation Administration Law Library, Room 
924, 800 Independence Avenue SW., Washington, DC.

------------------------------------------------------------------------
                                         Applicable     Provisions: CFR/
          Part 121 section                aircraft        FR references 
------------------------------------------------------------------------
Sec.  121.312(a)(1)(i).............  Transport          Heat release    
                                      category; or       rate testing.  
                                      nontransport       14 CFR         
                                      category type      25.853(d) in   
                                      certificated       effect March 6,
                                      before January     1995: 14 CFR   
                                      1, 1965;           parts 1 to 59, 
                                      passenger          Revised as of  
                                      capacity of 20     January 1,     
                                      or more;           1995, and      
                                      manufactured       amended by Amdt
                                      prior to August    25-83, 60 FR   
                                      20, 1990.          6623, February 
                                                         2, 1995.       
                                                        Formerly 14 CFR 
                                                         25.853(a-1) in 
                                                         effect August  
                                                         20, 1986: 14   
                                                         CFR parts 1 to 
                                                         59, Revised as 
                                                         of January 1,  
                                                         1986.          

[[Page 559]]

                                                                        
Sec.  121.312(a)(1)(ii)............  Transport          Heat release    
                                      category; or       rate and smoke 
                                      nontransport       testing. 14 CFR
                                      category type      25.853(d) in   
                                      certificated       effect March 6,
                                      before January     1995: 14 CFR   
                                      1, 1965;           parts 1 to 59, 
                                      passenger          Revised as of  
                                      capacity of 20     January 1,     
                                      or more;           1995, and      
                                      manufactured       amended by Amdt
                                      after August 19,   25-83, 60 FR   
                                      1990.              6623, February 
                                                         2, 1995.       
                                                        Formerly 14 CFR 
                                                         25.853(a-1) in 
                                                         effect         
                                                         September 26,  
                                                         1988: 14 CFR   
                                                         parts 1 to 59, 
                                                         Revised as of  
                                                         January 1,     
                                                         1988, and      
                                                         amended by Amdt
                                                         25-66, 53 FR   
                                                         32584, August  
                                                         25, 1988       
Sec.  121.312(a)(2)(i).............  Transport          Provisions of 14
                                      category; or       CFR 25.853 in  
                                      nontransport       effect on April
                                      category type      30, 1972: 14   
                                      certificate        CFR parts 1 to 
                                      before January     59, Revised as 
                                      1, 1965;           of January 1,  
                                      application for    1972.          
                                      type certificate                  
                                      filed prior to                    
                                      May 1, 1972;                      
                                      substantially                     
                                      complete                          
                                      replacement of                    
                                      cabin interior                    
                                      on or after May                   
                                      1, 1972.                          
Sec.  121.312(a)(3)(i).............  Transport          Heat release    
                                      category type      rate testing.  
                                      certificated       14 CFR         
                                      after January 1,   25.853(d) in   
                                      1958;              effect March 6,
                                      nontransport       1995: 14 CFR   
                                      category type      parts 1 to 59, 
                                      certificated       Revised as of  
                                      after January 1,   January 1,     
                                      1958, but before   1995; and      
                                      January 1, 1965;   amended by Amdt
                                      passenger          25-83, 60 FR   
                                      capacity of 20     6623, February 
                                      or more;           2, 1995.       
                                      substantially     Formerly 14 CFR 
                                      complete           25.853(a-1) in 
                                      replacement of     effect August  
                                      the cabin          20, 1986: 14   
                                      interior on or     CFR parts 1 to 
                                      after March 6,     59, Revised as 
                                      1995.              of January 1,  
                                                         1986.          
Sec.  121.312(a)(3)(ii)............  Transport          Heat release    
                                      category type      rate and smoke 
                                      certificated       testing. 14 CFR
                                      after January 1,   25.853(d) in   
                                      1958;              effect March 6,
                                      nontransport       1995; 14 CFR   
                                      category type      parts 1 to 59, 
                                      certificated       Revised as of  
                                      after January 1,   January 1,     
                                      1958, but before   1995; and      
                                      January 1, 1965;   amended by Amdt
                                      passenger          25-83, 60 FR   
                                      capacity of 20     6623, February 
                                      or more;           2, 1995.       
                                      substantially     Formerly 14 CFR 
                                      complete           Sec.  25.853(a-
                                      replacement of     1) in effect   
                                      the cabin          September 26,  
                                      interior on or     1988: CFR,     
                                      after August 20,   Title 14, Parts
                                      1990.              1 to 59,       
                                                         Revised as of  
                                                         January 1,     
                                                         1988, and      
                                                         amended by Amdt
                                                         25-66, 53 FR   
                                                         32584, August  
                                                         25, 1988.      
Sec.  121.312(b) (1) and (2).......  Transport          Seat cushions.  
                                      category           14 CFR         
                                      airplane type      25.853(c)      
                                      certificated       effective on   
                                      after January 1,   November 26,   
                                      1958;              1984: 14 CFR   
                                      Nontransport       parts 1 to 59, 
                                      category           Revised as of  
                                      airplane type      January 1,     
                                      certificated       1984, and      
                                      after December     amended by Amdt
                                      31, 1964.          25-59, 49 FR   
                                                         43188, October 
                                                         26, 1984.      
Sec.  121.312(c)...................  Airplane type      Compartment     
                                      certificated in    interior       
                                      accordance with    requirements.  
                                      SFAR No. 41;       14 CFR         
                                      maximum            25.853(a) in   
                                      certificated       effect March 6,
                                      takeoff weight     1995: 14 CFR   
                                      in excess of       parts 1 to 59, 
                                      12,500 pounds.     Revised as of  
                                                         January 1,     
                                                         1995, and      
                                                         amended by Amdt
                                                         25-83, 60 FR   
                                                         6623, February 
                                                         2, 1995.       
                                                        Formerly 14 CFR 
                                                         25.853(a), (b- 
                                                         1), (b-2), and 
                                                         (b-3) in effect
                                                         on September   
                                                         26, 1978: 14   
                                                         CFR parts 1 to 
                                                         59, Revised as 
                                                         of January 1,  
                                                         1978.          
------------------------------------------------------------------------


[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995]



PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE--Table of Contents




           Special Federal Aviation Regulation No. 38-2 [Note]

                           Subpart A--General

Sec.
125.1  Applicability.
125.3  Deviation authority.
125.5  Operating certificate and operations specifications required.
125.7  Display of certificate.
125.9  Definitions.
125.11  Certificate eligibility and prohibited operations.

      Subpart B--Certification Rules and Miscellaneous Requirements

125.21  Application for operating certificate.
125.23  Rules applicable to operations subject to this part.
125.25  Management personnel required.
125.27  Issue of certificate.
125.29  Duration of certificate.
125.31  Contents of certificate and operations specifications.
125.33  Operations specifications not a part of certificate.

[[Page 560]]

125.35  Amendment of operations specifications.
125.37  Duty period limitations.
125.39  Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.
125.41  Availability of certificate and operations specifications.
125.43  Use of operations specifications.
125.45  Inspection authority.
125.47  Change of address.
125.49  Airport requirements.
125.51  En route navigational facilities.
125.53  Flight locating requirements.

                     Subpart C--Manual Requirements

125.71  Preparation.
125.73  Contents.
125.75  Airplane flight manual.

                    Subpart D--Airplane Requirements

125.91  Airplane requirements: General.
125.93  Airplane limitations.

              Subpart E--Special Airworthiness Requirements

125.111  General.
125.113  Cabin interiors.
125.115  Internal doors.
125.117  Ventilation.
125.119  Fire precautions.
125.121  Proof of compliance with Sec. 125.119.
125.123  Propeller deicing fluid.
125.125  Pressure cross-feed arrangements.
125.127  Location of fuel tanks.
125.129  Fuel system lines and fittings.
125.131  Fuel lines and fittings in designated fire zones.
125.133  Fuel valves.
125.135  Oil lines and fittings in designated fire zones.
125.137  Oil valves.
125.139  Oil system drains.
125.141  Engine breather lines.
125.143  Firewalls.
125.145  Firewall construction.
125.147  Cowling.
125.149  Engine accessory section diaphragm.
125.151  Powerplant fire protection.
125.153  Flammable fluids.
125.155  Shutoff means.
125.157  Lines and fittings.
125.159  Vent and drain lines.
125.161  Fire-extinguishing systems.
125.163  Fire-extinguishing agents.
125.165  Extinguishing agent container pressure relief.
125.167  Extinguishing agent container compartment temperature.
125.169  Fire-extinguishing system materials.
125.171  Fire-detector systems.
125.173  Fire detectors.
125.175  Protection of other airplane components against fire.
125.177  Control of engine rotation.
125.179  Fuel system independence.
125.181  Induction system ice prevention.
125.183  Carriage of cargo in passenger compartments.
125.185  Carriage of cargo in cargo compartments.
125.187  Landing gear: Aural warning device.
125.189  Demonstration of emergency evacuation procedures.

            Subpart F--Instrument and Equipment Requirements

125.201  Inoperable instruments and equipment.
125.203  Radio and navigational equipment.
125.205  Equipment requirements: Airplanes under IFR.
125.206  Pitot heat indication systems.
125.207  Emergency equipment requirements.
125.209  Emergency equipment: Extended overwater operations.
125.211  Seat and safety belts.
125.213  Miscellaneous equipment.
125.215  Operating information required.
125.217  Passenger information.
125.219  Oxygen for medical use by passengers.
125.221  Icing conditions: Operating limitations.
125.223  Airborne weather radar equipment requirements.
125.224  Traffic Alert and Collision Avoidance System.
125.225  Flight recorders.
125.227  Cockpit voice recorders.

                         Subpart G--Maintenance

125.241  Applicability.
125.243  Certificate holder's responsibilities.
125.245  Organization required to perform maintenance, preventive 
          maintenance, and alteration.
125.247  Inspection programs and maintenance.
125.249  Maintenance manual requirements.
125.251  Required inspection personnel.

              Subpart H--Airman and Crewmember Requirements

125.261  Airman: Limitations on use of services.
125.263  Composition of flightcrew.
125.265  Flight engineer requirements.
125.267  Flight navigator and long-range navigation equipment.
125.269  Flight attendants.
125.271  Emergency and emergency evacuation duties.

                Subpart I--Flight Crewmember Requirements

125.281  Pilot-in-command qualifications.

[[Page 561]]

125.283  Second-in-command qualifications.
125.285  Pilot qualifications: Recent experience.
125.287  Initial and recurrent pilot testing requirements.
125.289  Initial and recurrent flight attendant crewmember testing 
          requirements.
125.291  Pilot in command: Instrument proficiency check requirements.
125.293  Crewmember: Tests and checks, grace provisions, accepted 
          standards.
125.295  Check airman authorization: Application and issue.
125.296  Training, testing, and checking conducted by training centers: 
          Special rules.
125.297  Approval of flight simulators and flight training devices.

                      Subpart J--Flight Operations

125.311  Flight crewmembers at controls.
125.313  Manipulation of controls when carrying passengers.
125.315  Admission to flight deck.
125.317  Inspector's credentials: Admission to pilots' compartment: 
          Forward observer's seat.
125.319  Emergencies.
125.321  Reporting potentially hazardous meteorological conditions and 
          irregularities of ground and navigation facilities.
125.323  Reporting mechanical irregularities.
125.325  Instrument approach procedures and IFR landing minimums.
125.327  Briefing of passengers before flight.
125.329  Minimum altitudes for use of autopilot.
125.331  Carriage of persons without compliance with the passenger-
          carrying provisions of this part.
125.333  Stowage of food, beverage, and passenger service equipment 
          during airplane movement on the surface, takeoff, and landing.

                     Subpart K--Flight Release Rules

125.351  Flight release authority.
125.353  Facilities and services.
125.355  Airplane equipment.
125.357  Communication and navigation facilities.
125.359  Flight release under VFR.
125.361  Flight release under IFR or over-the-top.
125.363  Flight release over water.
125.365  Alternate airport for departure.
125.367  Alternate airport for destination: IFR or over-the-top.
125.369  Alternate airport weather minimums.
125.371  Continuing flight in unsafe conditions.
125.373  Original flight release or amendment of flight release.
125.375  Fuel supply: Nonturbine and turbopropeller-powered airplanes.
125.377  Fuel supply: Turbine-engine-powered airplanes other than 
          turbopropeller.
125.379  Landing weather minimums: IFR.
125.381  Takeoff and landing weather minimums: IFR.
125.383  Load manifest.

                     Subpart L--Records and Reports

125.401  Crewmember record.
125.403  Flight release form.
125.405  Disposition of load manifest, flight release, and flight plans.
125.407  Maintenance log: Airplanes.
125.409  Reports of defects or unairworthy conditions.
125.411  Airworthiness release or maintenance record entry.

Appendix A to Part 125--Additional Emergency Equipment
Appendix B to Part 125--Criteria for Demonstration of Emergency 
          Evacuation Procedures Under Sec. 125.189
Appendix C to Part 125--Ice Protection
Appendix D to Part 125--Airplane Flight Recorder Specification

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-44711, 
44713, 44716-44717, 44722.

    Source: Docket No. 19779, 45 FR 67235, Oct. 9, 1980, unless 
otherwise noted.

              Special Federal Aviation Regulation No. 38-2

    Editorial Note: For the text of SFAR No. 38-2, see part 121 of this 
chapter.



                           Subpart A--General



Sec. 125.1  Applicability.

    (a) Except as provided in paragraphs (b) and (c) of this section, 
this part prescribes rules governing the operations of U.S.-registered 
civil airplanes which have a seating configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more when 
common carriage is not involved.
    (b) The rules of this part do not apply to the operations of 
airplanes specified in paragraph (a) of this section, when--
    (1) They are required to be operated under part 121, 129, 135, or 
137 of this chapter;
    (2) They have been issued restricted, limited, or provisional 
airworthiness certificates, special flight permits, or experimental 
certificates;
    (3) They are being operated by a part 125 certificate holder without 
carrying passengers or cargo under part 91 for

[[Page 562]]

training, ferrying, positioning, or maintenance purposes;
    (4) They are being operated under part 91 by an operator 
certificated to operate those airplanes under the rules of parts 121, 
135, or 137 of this chapter, they are being operated under the 
applicable rules of part 121 or part 135 of this chapter by an applicant 
for a certificate under part 119 of this chapter or they are being 
operated by a foreign air carrier or a foreign person engaged in common 
carriage solely outside the United States under part 91 of this chapter; 
or
    (5) They are being operated under a deviation authority issued under 
Sec. 125.3 of this chapter.
    (c) The rules of this part, except Sec. 125.247, do not apply to the 
operation of airplanes specified in paragraph (a) when they are operated 
outside the United States by a person who is not a citizen of the United 
States.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-4, 
47 FR 44719, Oct. 12, 1982; Amdt. 125-5, 49 FR 34816, Sept. 4, 1984; 
Amdt. 125-6, 51 FR 873, Jan. 8, 1986; Amdt. 125-9, 52 FR 20028, May 28, 
1987; Amdt. 121-251, 60 FR 65937, Dec. 20, 1995]



Sec. 125.3  Deviation authority.

    (a) The Administrator may, upon consideration of the circumstances 
of a particular operation, issue deviation authority providing relief 
from specified sections of part 125. This deviation authority will be 
issued as a Letter of Deviation Authority.
    (b) A Letter of Deviation Authority may be terminated or amended at 
any time by the Administrator.
    (c) A request for deviation authority must be submitted to the 
nearest Flight Standards District Office, not less than 60 days prior to 
the date of intended operations. A request for deviation authority must 
contain a complete statement of the circumstances and justification for 
the deviation requested.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-13, 
54 FR 39294, Sept. 25, 1989]



Sec. 125.5  Operating certificate and operations specifications required.

    (a) After February 3, 1981, no person may engage in operations 
governed by this part unless that person holds a certificate and 
operations specification or appropriate deviation authority.
    (b) Applicants who file an application before June 1, 1981 shall 
continue to operate under the rules applicable to their operations on 
February 2, 1981 until the application for an operating certificate 
required by this part has been denied or the operating certificate and 
operations specifications required by this part have been issued.
    (c) The rules of this part which apply to a certificate holder also 
apply to any person who engages in any operation governed by this part 
without an appropriate certificate and operations specifications 
required by this part or a Letter of Deviation Authority issued under 
Sec. 125.3.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-1A, 
46 FR 10903, Feb. 5, 1981]



Sec. 125.7  Display of certificate.

    (a) The certificate holder must display a true copy of the 
certificate in each of its aircraft.
    (b) Each operator holding a Letter of Deviation Authority issued 
under this part must carry a true copy in each of its airplanes.



Sec. 125.9  Definitions.

    (a) For the purposes of this part, maximum payload capacity means:
    (1) For an airplane for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable airplane equipment, and 
less the operating load (consisting of minimum flightcrew, foods and 
beverages and supplies and equipment related to foods and beverages, but 
not including disposable fuel or oil):
    (2) For all other airplanes, the maximum certificated takeoff weight 
of an airplane, less the empty weight, less all justifiable airplane 
equipment, and less the operating load (consisting of minimum fuel load, 
oil, and flightcrew). The allowance for the weight of the crew, oil, and 
fuel is as follows:
    (i) Crew--200 pounds for each crewmember required under this chapter
    (ii) Oil--350 pounds.

[[Page 563]]

    (iii) Fuel--the minimum weight of fuel required under this chapter 
for a flight between domestic points 174 nautical miles apart under VFR 
weather conditions that does not involve extended overwater operations.
    (b) For the purposes of this part, empty weight means the weight of 
the airframe, engines, propellers, and fixed equipment. Empty weight 
excludes the weight of the crew and payload, but includes the weight of 
all fixed ballast, unusable fuel supply, undrainable oil, total quantity 
of engine coolant, and total quantity of hydraulic fluid.
    (c) For the purposes of this part, maximum zero fuel weight means 
the maximum permissible weight of an airplane with no disposable fuel or 
oil. The zero fuel weight figure may be found in either the airplane 
type certificate data sheet or the approved Airplane Flight Manual, or 
both.
    (d) For the purposes of this section, justifiable airplane equipment 
means any equipment necessary for the operation of the airplane. It does 
not include equipment or ballast specifically installed, permanently or 
otherwise, for the purpose of altering the empty weight of an airplane 
to meet the maximum payload capacity.



Sec. 125.11  Certificate eligibility and prohibited operations.

    (a) No person is eligible for a certificate or operations 
specifications under this part if the person holds the appropriate 
operating certificate and/or operations specifications necessary to 
conduct operations under part 121, 129 or 135 of this chapter.
    (b) No certificate holder may conduct any operation which results 
directly or indirectly from any person's holding out to the public to 
furnish transportation.
    (c) No person holding operations specifications under this part may 
operate or list on its operations specifications any aircraft listed on 
any operations specifications or other required aircraft listing under 
part 121, 129, or 135 of this chapter.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980 as amended by Amdt. 125-9, 52 
FR 20028, May 28, 1987]



      Subpart B--Certification Rules and Miscellaneous Requirements



Sec. 125.21  Application for operating certificate.

    (a) Each applicant for the issuance of an operating certificate must 
submit an application in a form and manner prescribed by the 
Administrator to the FAA Flight Standards district office in whose area 
the applicant proposes to establish or has established its principal 
operations base. The application must be submitted at least 60 days 
before the date of intended operations.
    (b) Each application submitted under paragraph (a) of this section 
must contain a signed statement showing the following:
    (1) The name and address of each director and each officer or person 
employed or who will be employed in a management position described in 
Sec. 125.25.
    (2) A list of flight crewmembers with the type of airman certificate 
held, including ratings and certificate numbers.



Sec. 125.23  Rules applicable to operations subject to this part.

    Each person operating an airplane in operations under this part 
shall--
    (a) While operating inside the United States, comply with the 
applicable rules in part 91 of this chapter; and
    (b) While operating outside the United States, comply with Annex 2, 
Rules of the Air, to the Convention on International Civil Aviation or 
the regulations of any foreign country, whichever applies, and with any 
rules of parts 61 and 91 of this chapter and this part that are more 
restrictive than that Annex or those regulations and that can be 
complied with without violating that Annex or those regulations. Annex 2 
is incorporated by reference in Sec. 91.703(b) of this chapter.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34331, Aug. 18, 1989]



Sec. 125.25  Management personnel required.

    (a) Each applicant for a certificate under this part must show that 
it has enough management personnel, including at least a director of 
operations, to

[[Page 564]]

assure that its operations are conducted in accordance with the 
requirements of this part.
    (b) Each applicant shall--
    (1) Set forth the duties, responsibilities, and authority of each of 
its management personnel in the general policy section of its manual;
    (2) List in the manual the names and addresses of each of its 
management personnel;
    (3) Designate a person as responsible for the scheduling of 
inspections required by the manual and for the updating of the approved 
weight and balance system on all airplanes.
    (c) Each certificate holder shall notify the FAA Flight Standards 
district office charged with the overall inspection of the certificate 
holder of any change made in the assignment of persons to the listed 
positions within 10 days, excluding Saturdays, Sundays, and Federal 
holidays, of such change.



Sec. 125.27  Issue of certificate.

    (a) An applicant for a certificate under this subpart is entitled to 
a certificate if the Administrator finds that the applicant is properly 
and adequately equipped and able to conduct a safe operation in 
accordance with the requirements of this part and the operations 
specifications provided for in this part.
    (b) The Administrator may deny an application for a certificate 
under this subpart if the Administrator finds--
    (1) That an operating certificate required under this part or part 
121, 123, or 135 of this chapter previously issued to the applicant was 
revoked; or
    (2) That a person who was employed in a management position under 
Sec. 125.25 of this part with (or has exercised control with respect to) 
any certificate holder under part 121, 123, 125, or 135 of this chapter 
whose operating certificate has been revoked, will be employed in any of 
those positions or a similar position with the applicant and that the 
person's employment or control contributed materially to the reasons for 
revoking that certificate.



Sec. 125.29  Duration of certificate.

    (a) A certificate issued under this part is effective until 
surrendered, suspended, or revoked.
    (b) The Administrator may suspend or revoke a certificate under 
section 609 of the Federal Aviation Act of 1958 and the applicable 
procedures of part 13 of this chapter for any cause that, at the time of 
suspension or revocation, would have been grounds for denying an 
application for a certificate.
    (c) If the Administrator suspends or revokes a certificate or it is 
otherwise terminated, the holder of that certificate shall return it to 
the Administrator.



Sec. 125.31  Contents of certificate and operations specifications.

    (a) Each certificate issued under this part contains the following:
    (1) The holder's name.
    (2) A description of the operations authorized.
    (3) The date it is issued.
    (b) The operations specifications issued under this part contain the 
following:
    (1) The kinds of operations authorized.
    (2) The types and registration numbers of airplanes authorized for 
use.
    (3) Approval of the provisions of the operator's manual relating to 
airplane inspections, together with necessary conditions and 
limitations.
    (4) Registration numbers of airplanes that are to be inspected under 
an approved airplane inspection program under Sec. 125.247.
    (5) Procedures for control of weight and balance of airplanes.
    (6) Any other item that the Administrator determines is necessary to 
cover a particular situation.



Sec. 125.33  Operations specifications not a part of certificate.

    Operations specifications are not a part of an operating 
certificate.



Sec. 125.35  Amendment of operations specifications.

    (a) The FAA Flight Standards district office charged with the 
overall inspection of the certificate holder may amend any operations 
specifications issued under this part if--
    (1) It determines that safety in air commerce requires that 
amendment; or
    (2) Upon application by the holder, that district office determines 
that

[[Page 565]]

safety in air commerce allows that amendment.
    (b) The certificate holder must file an application to amend 
operations specifications at least 15 days before the date proposed by 
the applicant for the amendment to become effective, unless a shorter 
filing period is approved. The application must be on a form and in a 
manner prescribed by the Administrator and be submitted to the FAA 
Flight Standards district office charged with the overall inspection of 
the certificate holder.
    (c) Within 30 days after a notice of refusal to approve a holder's 
application for amendment is received, the holder may petition the 
Director, Flight Standards Service, to reconsider the refusal to amend.
    (d) When the FAA Flight Standards district office charged with the 
overall inspection of the certificate holder amends operations 
specifications, that district office gives notice in writing to the 
holder of a proposed amendment to the operations specifications, fixing 
a period of not less than 7 days within which the holder may submit 
written information, views, and arguments concerning the proposed 
amendment. After consideration of all relevant matter presented, that 
district office notifies the holder of any amendment adopted, or a 
rescission of the notice. That amendment becomes effective not less than 
30 days after the holder receives notice of the adoption of the 
amendment, unless the holder petitions the Director, Flight Standards 
Service, for reconsideration of the amendment. In that case, the 
effective date of the amendment is stayed pending a decision by the 
Director. If the Director finds there is an emergency requiring 
immediate action as to safety in air commerce that makes the provisions 
of this paragraph impracticable or contrary to the public interest, the 
Director notifies the certificate holder that the amendment is effective 
on the date of receipt, without previous notice.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-13, 
54 FR 39294, Sept. 25, 1989]



Sec. 125.37  Duty period limitations.

    (a) Each flight crewmember and flight attendant must be relieved 
from all duty for at least 8 consecutive hours during any 24-hour 
period.
    (b) The Administrator may specify rest, flight time, and duty time 
limitations in the operations specifications that are other than those 
specified in paragraph (a) of this section.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-21, 
59 FR 42993, Aug. 19, 1994]



Sec. 125.39  Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

    If the holder of a certificate issued under this part permits any 
airplane owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34331, Aug. 18, 1989]



Sec. 125.41  Availability of certificate and operations specifications.

    Each certificate holder shall make its operating certificate and 
operations specifications available for inspection by the Administrator 
at its principal operations base.



Sec. 125.43  Use of operations specifications.

    (a) Each certificate holder shall keep each of its employees 
informed of the provisions of its operations specifications that apply 
to the employee's duties and responsibilities.
    (b) Each certificate holder shall maintain a complete and separate 
set of its operations specifications. In addition, each certificate 
holder shall insert pertinent excerpts of its operations specifications, 
or reference thereto, in its manual in such a manner that they retain 
their identity as operations specifications.



Sec. 125.45  Inspection authority.

    Each certificate holder shall allow the Administrator, at any time 
or place, to make any inspections or tests to determine its compliance 
with the

[[Page 566]]

Federal Aviation Act of 1958, the Federal Aviation Regulations, its 
operating certificate and operations specifications, its letter of 
deviation authority, or its eligibililty to continue to hold its 
certificate or its letter of deviation authority.



Sec. 125.47  Change of address.

    Each certificate holder shall notify the FAA Flight Standards 
district office charged with the overall inspection of its operations, 
in writing, at least 30 days in advance, of any change in the address of 
its principal business office, its principal operations base, or its 
principal maintenance base.



Sec. 125.49  Airport requirements.

    (a) No certificate holder may use any airport unless it is adequate 
for the proposed operation, considering such items as size, surface, 
obstructions, and lighting.
    (b) No pilot of an airplane carrying passengers at night may take 
off from, or land on, an airport unless--
    (1) That pilot has determined the wind direction from an illuminated 
wind direction indicator or local ground communications, or, in the case 
of takeoff, that pilot's personal observations; and
    (2) The limits of the area to be used for landing or takeoff are 
clearly shown by boundary or runway marker lights.
    (c) For the purposes of paragraph (b) of this section, if the area 
to be used for takeoff or landing is marked by flare pots or lanterns, 
their use must be approved by the Administrator.



Sec. 125.51  En route navigational facilities.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may conduct any operation over a route unless 
nonvisual ground aids are--
    (1) Available over the route for navigating airplanes within the 
degree of accuracy required for ATC; and
    (2) Located to allow navigation to any airport of destination, or 
alternate airport, within the degree of accuracy necessary for the 
operation involved.
    (b) Nonvisual ground aids are not required for--
    (1) Day VFR operations that can be conducted safely by pilotage 
because of the characteristics of the terrain;
    (2) Night VFR operations on routes that the Administrator determines 
have reliable landmarks adequate for safe operation; or
    (3) Operations where the use of celestial or other specialized means 
of navigation, such as an inertial navigation system, is approved.



Sec. 125.53  Flight locating requirements.

    (a) Each certificate holder must have procedures established for 
locating each flight for which an FAA flight plan is not filed that--
    (1) Provide the certificate holder with at least the information 
required to be included in a VFR flight plan;
    (2) Provide for timely notification of an FAA facility or search and 
rescue facility, if an airplane is overdue or missing; and
    (3) Provide the certificate holder with the location, date, and 
estimated time for reestablishing radio or telephone communications, if 
the flight will operate in an area where communications cannot be 
maintained.
    (b) Flight locating information shall be retained at the certificate 
holder's principal operations base, or at other places designated by the 
certificate holder in the flight locating procedures, until the 
completion of the flight.
    (c) Each certificate holder shall furnish the representative of the 
Administrator assigned to it with a copy of its flight locating 
procedures and any changes or additions, unless those procedures are 
included in a manual required under this part.



                     Subpart C--Manual Requirements



Sec. 125.71  Preparation.

    (a) Each certificate holder shall prepare and keep current a manual 
setting forth the certificate holder's procedures and policies 
acceptable to the Administrator. This manual must be used by the 
certificate holder's flight, ground, and maintenance personnel in 
conducting its operations. However, the Administrator may authorize a 
deviation from this paragraph if the Administrator finds that, because 
of the

[[Page 567]]

limited size of the operation, all or part of the manual is not 
necessary for guidance of flight, ground, or maintenance personnel.
    (b) Each certificate holder shall maintain at least one copy of the 
manual at its principal operations base.
    (c) The manual must not be contrary to any applicable Federal 
regulations, foreign regulation applicable to the certificate holder's 
operations in foreign countries, or the certificate holder's operating 
certificate or operations specifications.
    (d) A copy of the manual, or appropriate portions of the manual (and 
changes and additions) shall be made available to maintenance and ground 
operations personnel by the certificate holder and furnished to--
    (1) Its flight crewmembers; and
    (2) The FAA Flight Standards district office charged with the 
overall inspection of its operations.
    (e) Each employee of the certificate holder to whom a manual or 
appropriate portions of it are furnished under paragraph (d)(1) of this 
section shall keep it up to date with the changes and additions 
furnished to them.
    (f) Except as provided in paragraph (g) of this section, each 
certificate holder shall carry appropriate parts of the manual in each 
airplane when away from the principal operations base. The appropriate 
parts must be available for use by ground or flight personnel. If a 
certificate holder carries aboard an airplane all or any portion of the 
maintenance part of its manual in microfilm, it must also carry a 
reading device that provides a legible facsimile image of the 
microfilmed maintenance information and instructions.
    (g) If a certificate holder conducts airplane inspections or 
maintenance at specified stations where it keeps the approved inspection 
program manual, it is not required to carry the manual aboard the 
airplane en route to those stations.



Sec. 125.73  Contents.

    Each manual shall have the date of the last revision and revision 
number on each revised page. The manual must include--
    (a) The name of each management person who is authorized to act for 
the certificate holder, the person's assigned area of responsibility, 
and the person's duties, responsibilities, and authority;
    (b) Procedures for ensuring compliance with airplane weight and 
balance limitations;
    (c) Copies of the certificate holder's operations specifications or 
appropriate extracted information, including area of operations 
authorized, category and class of airplane authorized, crew complements, 
and types of operations authorized;
    (d) Procedures for complying with accident notification 
requirements;
    (e) Procedures for ensuring that the pilot in command knows that 
required airworthiness inspections have been made and that the airplane 
has been approved for return to service in compliance with applicable 
maintenance requirements;
    (f) Procedures for reporting and recording mechanical irregularities 
that come to the attention of the pilot in command before, during, and 
after completion of a flight;
    (g) Procedures to be followed by the pilot in command for 
determining that mechanical irregularities or defects reported for 
previous flights have been corrected or that correction has been 
deferred;
    (h) Procedures to be followed by the pilot in command to obtain 
maintenance, preventive maintenance, and servicing of the airplane at a 
place where previous arrangements have not been made by the operator, 
when the pilot is authorized to so act for the operator;
    (i) Procedures for the release for, or continuation of, flight if 
any item of equipment required for the particular type of operation 
becomes inoperative or unserviceable en route;
    (j) Procedures for refueling airplanes, eliminating fuel 
contamination, protecting from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling;
    (k) Procedures to be followed by the pilot in command in the 
briefing under Sec. 125.327;
    (l) Flight locating procedures, when applicable;

[[Page 568]]

    (m) Procedures for ensuring compliance with emergency procedures, 
including a list of the functions assigned each category of required 
crewmembers in connection with an emergency and emergency evacuation;
    (n) The approved airplane inspection program;
    (o) Procedures and instructions to enable personnel to recognize 
hazardous materials, as defined in title 49 CFR, and if these materials 
are to be carried, stored, or handled, procedures and instructions for--
    (1) Accepting shipment of hazardous material required by title 49 
CFR, to assure proper packaging, marking, labeling, shipping documents, 
compatibility of articles, and instructions on their loading, storage, 
and handling;
    (2) Notification and reporting hazardous material incidents as 
required by title 49 CFR; and
    (3) Notification of the pilot in command when there are hazardous 
materials aboard, as required by title 49 CFR;
    (p) Procedures for the evacuation of persons who may need the 
assistance of another person to move expeditiously to an exit if an 
emergency occurs;
    (q) The identity of each person who will administer tests required 
by this part, including the designation of the tests authorized to be 
given by the person; and
    (r) Other procedures and policy instructions regarding the 
certificate holder's operations that are issued by the certificate 
holder.



Sec. 125.75  Airplane flight manual.

    (a) Each certificate holder shall keep a current approved Airplane 
Flight Manual or approved equivalent for each type airplane that it 
operates.
    (b) Each certificate holder shall carry the approved Airplane Flight 
Manual or the approved equivalent aboard each airplane it operates. A 
certificate holder may elect to carry a combination of the manuals 
required by this section and Sec. 125.71. If it so elects, the 
certificate holder may revise the operating procedures sections and 
modify the presentation of performance from the applicable Airplane 
Flight Manual if the revised operating procedures and modified 
performance data presentation are approved by the Administrator.



                    Subpart D--Airplane Requirements



Sec. 125.91  Airplane requirements: General.

    (a) No certificate holder may operate an airplane governed by this 
part unless it--
    (1) Carries an appropriate current airworthiness certificate issued 
under this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) No person may operate an airplane unless the current empty 
weight and center of gravity are calculated from the values established 
by actual weighing of the airplane within the preceding 36 calendar 
months.
    (c) Paragraph (b) of this section does not apply to airplanes issued 
an original airworthiness certificate within the preceding 36 calendar 
months.



Sec. 125.93  Airplane limitations.

    No certificate holder may operate a land airplane (other than a DC-
3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) 
in an extended overwater operation unless it is certificated or approved 
as adequate for ditching under the ditching provisions of part 25 of 
this chapter.



              Subpart E--Special Airworthiness Requirements



Sec. 125.111  General.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may use an airplane powered by airplane engines rated 
at more than 600 horsepower each for maximum continuous operation unless 
that airplane meets the requirements of Secs. 125.113 through 125.181.
    (b) If the Administrator determines that, for a particular model of 
airplane used in cargo service, literal compliance with any requirement 
under paragraph (a) of this section would be extremely difficult and 
that compliance would not contribute materially to the

[[Page 569]]

objective sought, the Administrator may require compliance with only 
those requirements that are necessary to accomplish the basic objectives 
of this part.
    (c) This section does not apply to any airplane certificated under--
    (1) Part 4b of the Civil Air Regulations in effect after October 31, 
1946;
    (2) Part 25 of this chapter; or
    (3) Special Civil Air Regulation 422, 422A, or 422B.



Sec. 125.113  Cabin interiors.

    (a) Upon the first major overhaul of an airplane cabin or 
refurbishing of the cabin interior, all materials in each compartment 
used by the crew or passengers that do not meet the following 
requirements must be replaced with materials that meet these 
requirements:
    (1) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, Sec. 25.853 in effect on 
April 30, 1972.
    (2) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the materials requirement 
under which the airplane was type certificated.
    (b) Except as provided in paragraph (a) of this section, each 
compartment used by the crew or passengers must meet the following 
requirements:
    (1) Materials must be at least flash resistant.
    (2) The wall and ceiling linings and the covering of upholstering, 
floors, and furnishings must be flame resistant.
    (3) Each compartment where smoking is to be allowed must be equipped 
with self-contained ash trays that are completely removable and other 
compartments must be placarded against smoking.
    (4) Each receptacle for used towels, papers, and wastes must be of 
fire-resistant material and must have a cover or other means of 
containing possible fires started in the receptacles.



Sec. 125.115  Internal doors.

    In any case where internal doors are equipped with louvres or other 
ventilating means, there must be a means convenient to the crew for 
closing the flow of air through the door when necessary.



Sec. 125.117  Ventilation.

    Each passenger or crew compartment must be suitably ventilated. 
Carbon monoxide concentration may not be more than one part in 20,000 
parts of air, and fuel fumes may not be present. In any case where 
partitions between compartments have louvres or other means allowing air 
to flow between compartments, there must be a means convenient to the 
crew for closing the flow of air through the partitions when necessary.



Sec. 125.119  Fire precautions.

    (a) Each compartment must be designed so that, when used for storing 
cargo or baggage, it meets the following requirements:
    (1) No compartment may include controls, wiring, lines, equipment, 
or accessories that would upon damage or failure, affect the safe 
operation of the airplane unless the item is adequately shielded, 
isolated, or otherwise protected so that it cannot be damaged by 
movement of cargo in the compartment and so that damage to or failure of 
the item would not create a fire hazard in the compartment.
    (2) Cargo or baggage may not interfere with the functioning of the 
fire-protective features of the compartment.
    (3) Materials used in the construction of the compartments, 
including tie-down equipment, must be at least flame resistant.
    (4) Each compartment must include provisions for safeguarding 
against fires according to the classifications set forth in paragraphs 
(b) through (f) of this section.
    (b) Class A. Cargo and baggage compartments are classified in the 
``A'' category if a fire therein would be readily discernible to a 
member of the crew while at that crewmember's station, and all parts of 
the compartment are easily accessible in flight. There must be a hand 
fire extinguisher available for each Class A compartment.
    (c) Class B. Cargo and baggage compartments are classified in the 
``B'' category if enough access is provided while in flight to enable a 
member of

[[Page 570]]

the crew to effectively reach all of the compartment and its contents 
with a hand fire extinguisher and the compartment is so designed that, 
when the access provisions are being used, no hazardous amount of smoke, 
flames, or extinguishing agent enters any compartment occupied by the 
crew or passengers. Each Class B compartment must comply with the 
following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) There must be a hand-held fire extinguisher available for the 
compartment.
    (3) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (d) Class C. Cargo and baggage compartments are classified in the 
``C'' category if they do not conform with the requirements for the 
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must 
comply with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) It must have an approved built-in fire-extinguishing system 
controlled from the pilot or flight engineer station.
    (3) It must be designed to exclude hazardous quantities of smoke, 
flames, or extinguishing agents from entering into any compartment 
occupied by the crew or passengers.
    (4) It must have ventilation and draft control so that the 
extinguishing agent provided can control any fire that may start in the 
compartment.
    (5) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (e) Class D. Cargo and baggage compartments are classified in the 
``D'' category if they are so designed and constructed that a fire 
occurring therein will be completely confined without endangering the 
safety of the airplane or the occupants. Each Class D compartment must 
comply with the following:
    (1) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering any compartment occupied by the 
crew or passengers.
    (2) Ventilation and drafts must be controlled within each 
compartment so that any fire likely to occur in the compartment will not 
progress beyond safe limits.
    (3) It must be completely lined with fire-resistant material.
    (4) Consideration must be given to the effect of heat within the 
compartment on adjacent critical parts of the airplane.
    (f) Class E. On airplanes used for the carriage of cargo only, the 
cabin area may be classified as a Class ``E'' compartment. Each Class E 
compartment must comply with the following:
    (1) It must be completely lined with fire-resistant material.
    (2) It must have a separate system of an approved type smoke or fire 
detector to give warning at the pilot or flight engineer station.
    (3) It must have a means to shut off the ventilating air flow to or 
within the compartment and the controls for that means must be 
accessible to the flightcrew in the crew compartment.
    (4) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering the flightcrew compartment.
    (5) Required crew emergency exits must be accessible under all cargo 
loading conditions.



Sec. 125.121  Proof of compliance with Sec. 125.119.

    Compliance with those provisions of Sec. 125.119 that refer to 
compartment accessibility, the entry of hazardous quantities of smoke or 
extinguishing agent into compartment occupied by the crew or passengers, 
and the dissipation of the extinguishing agent in Class ``C'' 
compartments must be shown by tests in flight. During these tests it 
must be shown that no inadvertent operation of smoke or fire detectors 
in other compartments within the airplane would occur as a result of 
fire contained in any one compartment, either during the time it is 
being extinguished, or thereafter, unless the extinguishing system 
floods those compartments simultaneously.

[[Page 571]]



Sec. 125.123  Propeller deicing fluid.

    If combustible fluid is used for propeller deicing, the certificate 
holder must comply with Sec. 125.153.



Sec. 125.125  Pressure cross-feed arrangements.

    (a) Pressure cross-feed lines may not pass through parts of the 
airplane used for carrying persons or cargo unless there is a means to 
allow crewmembers to shut off the supply of fuel to these lines or the 
lines are enclosed in a fuel and fume-proof enclosure that is ventilated 
and drained to the exterior of the airplane. However, such an enclosure 
need not be used if those lines incorporate no fittings on or within the 
personnel or cargo areas and are suitably routed or protected to prevent 
accidental damage.
    (b) Lines that can be isolated from the rest of the fuel system by 
valves at each end must incorporate provisions for relieving excessive 
pressures that may result from exposure of the isolated line to high 
temperatures.



Sec. 125.127  Location of fuel tanks.

    (a) Fuel tanks must be located in accordance with Sec. 125.153.
    (b) No part of the engine nacelle skin that lies immediately behind 
a major air outlet from the engine compartment may be used as the wall 
of an integral tank.
    (c) Fuel tanks must be isolated from personnel compartments by means 
of fume- and fuel-proof enclosures.



Sec. 125.129  Fuel system lines and fittings.

    (a) Fuel lines must be installed and supported so as to prevent 
excessive vibration and so as to be adequate to withstand loads due to 
fuel pressure and accelerated flight conditions.
    (b) Lines connected to components of the airplane between which 
there may be relative motion must incorporate provisions for 
flexibility.
    (c) Flexible connections in lines that may be under pressure and 
subject to axial loading must use flexible hose assemblies rather than 
hose clamp connections.
    (d) Flexible hoses must be of an acceptable type or proven suitable 
for the particular application.



Sec. 125.131  Fuel lines and fittings in designated fire zones.

    Fuel lines and fittings in each designated fire zone must comply 
with Sec. 125.157.



Sec. 125.133  Fuel valves.

    Each fuel valve must--
    (a) Comply with Sec. 125.155;
    (b) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (c) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines connected 
to the valve.



Sec. 125.135  Oil lines and fittings in designated fire zones.

    Oil lines and fittings in each designated fire zone must comply with 
Sec. 125.157.



Sec. 125.137  Oil valves.

    (a) Each oil valve must--
    (1) Comply with Sec. 125.155;
    (2) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (3) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines attached 
to the valve.
    (b) The closing of an oil shutoff means must not prevent feathering 
the propeller, unless equivalent safety provisions are incorporated.



Sec. 125.139  Oil system drains.

    Accessible drains incorporating either a manual or automatic means 
for positive locking in the closed position must be provided to allow 
safe drainage of the entire oil system.



Sec. 125.141  Engine breather lines.

    (a) Engine breather lines must be so arranged that condensed water 
vapor that may freeze and obstruct the line cannot accumulate at any 
point.
    (b) Engine breathers must discharge in a location that does not 
constitute a fire hazard in case foaming occurs and so that oil emitted 
from the line does not impinge upon the pilots' windshield.
    (c) Engine breathers may not discharge into the engine air induction 
system.

[[Page 572]]



Sec. 125.143  Firewalls.

    Each engine, auxiliary power unit, fuel-burning heater, or other 
item of combusting equipment that is intended for operation in flight 
must be isolated from the rest of the airplane by means of firewalls or 
shrouds, or by other equivalent means.



Sec. 125.145  Firewall construction.

    Each firewall and shroud must--
    (a) Be so made that no hazardous quantity of air, fluids, or flame 
can pass from the engine compartment to other parts of the airplane;
    (b) Have all openings in the firewall or shroud sealed with close-
fitting fireproof grommets, bushings, or firewall fittings;
    (c) Be made of fireproof material; and
    (d) Be protected against corrosion.



Sec. 125.147  Cowling.

    (a) Cowling must be made and supported so as to resist the 
vibration, inertia, and air loads to which it may be normally subjected.
    (b) Provisions must be made to allow rapid and complete drainage of 
the cowling in normal ground and flight attitudes. Drains must not 
discharge in locations constituting a fire hazard. Parts of the cowling 
that are subjected to high temperatures because they are near exhaust 
system parts or because of exhaust gas impingement must be made of 
fireproof material. Unless otherwise specified in these regulations, all 
other parts of the cowling must be made of material that is at least 
fire resistant.



Sec. 125.149  Engine accessory section diaphragm.

    Unless equivalent protection can be shown by other means, a 
diaphragm that complies with Sec. 125.145 must be provided on air-cooled 
engines to isolate the engine power section and all parts of the exhaust 
system from the engine accessory compartment.



Sec. 125.151  Powerplant fire protection.

    (a) Designated fire zones must be protected from fire by compliance 
with Secs. 125.153 through 125.159.
    (b) Designated fire zones are--
    (1) Engine accessory sections;
    (2) Installations where no isolation is provided between the engine 
and accessory compartment; and
    (3) Areas that contain auxiliary power units, fuel-burning heaters, 
and other combustion equipment.



Sec. 125.153  Flammable fluids.

    (a) No tanks or reservoirs that are a part of a system containing 
flammable fluids or gases may be located in designated fire zones, 
except where the fluid contained, the design of the system, the 
materials used in the tank, the shutoff means, and the connections, 
lines, and controls provide equivalent safety.
    (b) At least one-half inch of clear airspace must be provided 
between any tank or reservior and a firewall or shroud isolating a 
designated fire zone.



Sec. 125.155  Shutoff means.

    (a) Each engine must have a means for shutting off or otherwise 
preventing hazardous amounts of fuel, oil, deicer, and other flammable 
fluids from flowing into, within, or through any designated fire zone. 
However, means need not be provided to shut off flow in lines that are 
an integral part of an engine.
    (b) The shutoff means must allow an emergency operating sequence 
that is compatible with the emergency operation of other equipment, such 
as feathering the propeller, to facilitate rapid and effective control 
of fires.
    (c) Shutoff means must be located outside of designated fire zones, 
unless equivalent safety is provided, and it must be shown that no 
hazardous amount of flammable fluid will drain into any designated fire 
zone after a shutoff.
    (d) Adequate provisions must be made to guard against inadvertent 
operation of the shutoff means and to make it possible for the crew to 
reopen the shutoff means after it has been closed.



Sec. 125.157  Lines and fittings.

    (a) Each line, and its fittings, that is located in a designated 
fire zone, if it carries flammable fluids or gases under pressure, or is 
attached directly to the engine, or is subject to relative motion 
between components (except lines and

[[Page 573]]

fittings forming an integral part of the engine), must be flexible and 
fire-resistant with fire-resistant, factory-fixed, detachable, or other 
approved fire-resistant ends.
    (b) Lines and fittings that are not subject to pressure or to 
relative motion between components must be of fire-resistant materials.



Sec. 125.159  Vent and drain lines.

    All vent and drain lines, and their fittings, that are located in a 
designated fire zone must, if they carry flammable fluids or gases, 
comply with Sec. 125.157, if the Administrator finds that the rupture or 
breakage of any vent or drain line may result in a fire hazard.



Sec. 125.161  Fire-extinguishing systems.

    (a) Unless the certificate holder shows that equivalent protection 
against destruction of the airplane in case of fire is provided by the 
use of fireproof materials in the nacelle and other components that 
would be subjected to flame, fire-extinguishing systems must be provided 
to serve all designated fire zones.
    (b) Materials in the fire-extinguishing system must not react 
chemically with the extinguishing agent so as to be a hazard.



Sec. 125.163  Fire-extinguishing agents.

    Only methyl bromide, carbon dioxide, or another agent that has been 
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing 
agent is used, provisions must be made to prevent harmful concentrations 
of fluid or fluid vapors from entering any personnel compartment either 
because of leakage during normal operation of the airplane or because of 
discharging the fire extinguisher on the ground or in flight when there 
is a defect in the extinguishing system. If a methyl bromide system is 
used, the containers must be charged with dry agent and sealed by the 
fire-extinguisher manufacturer or some other person using satisfactory 
recharging equipment. If carbon dioxide is used, it must not be possible 
to discharge enough gas into the personnel compartments to create a 
danger of suffocating the occupants.



Sec. 125.165  Extinguishing agent container pressure relief.

    Extinguishing agent containers must be provided with a pressure 
relief to prevent bursting of the container because of excessive 
internal pressures. The discharge line from the relief connection must 
terminate outside the airplane in a place convenient for inspection on 
the ground. An indicator must be provided at the discharge end of the 
line to provide a visual indication when the container has discharged.



Sec. 125.167  Extinguishing agent container compartment temperature.

    Precautions must be taken to ensure that the extinguishing agent 
containers are installed in places where reasonable temperatures can be 
maintained for effective use of the extinguishing system.



Sec. 125.169  Fire-extinguishing system materials.

    (a) Except as provided in paragraph (b) of this section, each 
component of a fire-extinguishing system that is in a designated fire 
zone must be made of fireproof materials.
    (b) Connections that are subject to relative motion between 
components of the airplane must be made of flexible materials that are 
at least fire-resistant and be located so as to minimize the probability 
of failure.



Sec. 125.171  Fire-detector systems.

    Enough quick-acting fire detectors must be provided in each 
designated fire zone to assure the detection of any fire that may occur 
in that zone.



Sec. 125.173  Fire detectors.

    Fire detectors must be made and installed in a manner that assures 
their ability to resist, without failure, all vibration, inertia, and 
other loads to which they may be normally subjected. Fire detectors must 
be unaffected by exposure to fumes, oil, water, or other fluids that may 
be present.



Sec. 125.175  Protection of other airplane components against fire.

    (a) Except as provided in paragraph (b) of this section, all 
airplane surfaces aft of the nacelles in the area of one

[[Page 574]]

nacelle diameter on both sides of the nacelle centerline must be made of 
material that is at least fire resistant.
    (b) Paragraph (a) of this section does not apply to tail surfaces 
lying behind nacelles unless the dimensional configuration of the 
airplane is such that the tail surfaces could be affected readily by 
heat, flames, or sparks emanating from a designated fire zone or from 
the engine from a designated fire zone or from the engine compartment of 
any nacelle.



Sec. 125.177  Control of engine rotation.

    (a) Except as provided in paragraph (b) of this section, each 
airplane must have a means of individually stopping and restarting the 
rotation of any engine in flight.
    (b) In the case of turbine engine installations, a means of stopping 
rotation need be provided only if the Administrator finds that rotation 
could jeopardize the safety of the airplane.



Sec. 125.179  Fuel system independence.

    (a) Each airplane fuel system must be arranged so that the failure 
of any one component does not result in the irrecoverable loss of power 
of more than one engine.
    (b) A separate fuel tank need not be provided for each engine if the 
certificate holder shows that the fuel system incorporates features that 
provide equivalent safety.



Sec. 125.181  Induction system ice prevention.

    A means for preventing the malfunctioning of each engine due to ice 
accumulation in the engine air induction system must be provided for 
each airplane.



Sec. 125.183  Carriage of cargo in passenger compartments.

    (a) Except as provided in paragraph (b) or (c) of this section, no 
certificate holder may carry cargo in the passenger compartment of an 
airplane.
    (b) Cargo may be carried aft of the foremost seated passengers if it 
is carried in an approved cargo bin that meets the following 
requirements:
    (1) The bin must withstand the load factors and emergency landing 
conditions applicable to the passenger seats of the airplane in which 
the bin is installed, multiplied by a factor of 1.15, using the combined 
weight of the bin and the maximum weight of cargo that may be carried in 
the bin.
    (2) The maximum weight of cargo that the bin is approved to carry 
and any instructions necessary to ensure proper weight distribution 
within the bin must be conspicuously marked on the bin.
    (3) The bin may not impose any load on the floor or other structure 
of the airplane that exceeds the load limitations of that structure.
    (4) The bin must be attached to the seat tracks or to the floor 
structure of the airplane, and its attachment must withstand the load 
factors and emergency landing conditions applicable to the passenger 
seats of the airplane in which the bin is installed, multiplied by 
either the factor 1.15 or the seat attachment factor specified for the 
airplane, whichever is greater, using the combined weight of the bin and 
the maximum weight of cargo that may be carried in the bin.
    (5) The bin may not be installed in a position that restricts access 
to or use of any required emergency exit, or of the aisle in the 
passenger compartment.
    (6) The bin must be fully enclosed and made of material that is at 
least flame-resistant.
    (7) Suitable safeguards must be provided within the bin to prevent 
the cargo from shifting under emergency landing conditions.
    (8) The bin may not be installed in a position that obscures any 
passenger's view of the ``seat belt'' sign, ``no smoking'' sign, or any 
required exit sign, unless an auxiliary sign or other approved means for 
proper notification of the passenger is provided.
    (c) All cargo may be carried forward of the foremost seated 
passengers and carry-on baggage may be carried alongside the foremost 
seated passengers if the cargo (including carry-on baggage) is carried 
either in approved bins as specified in paragraph (b) of this section or 
in accordance with the following:
    (1) It is properly secured by a safety belt or other tie down having 
enough strength to eliminate the possibility of

[[Page 575]]

shifting under all normally anticipated flight and ground conditions.
    (2) It is packaged or covered in a manner to avoid possible injury 
to passengers.
    (3) It does not impose any load on seats or the floor structure that 
exceeds the load limitation for those components.
    (4) Its location does not restrict access to or use of any required 
emergency or regular exit, or of the aisle in the passenger compartment.
    (5) Its location does not obscure any passenger's view of the ``seat 
belt'' sign, ``no smoking'' sign, or required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passenger is provided.



Sec. 125.185  Carriage of cargo in cargo compartments.

    When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand-held fire extinguisher.



Sec. 125.187  Landing gear: Aural warning device.

    (a) Except for airplanes that comply with the requirements of 
Sec. 25.729 of this chapter on or after January 6, 1992, each airplane 
must have a landing gear aural warning device that functions 
continuously under the following conditions:
    (1) For airplanes with an established approach wing-flap position, 
whenever the wing flaps are extended beyond the maximum certificated 
approach climb configuration position in the Airplane Flight Manual and 
the landing gear is not fully extended and locked.
    (2) For airplanes without an established approach climb wing-flap 
position, whenever the wing flaps are extended beyond the position at 
which landing gear extension is normally performed and the landing gear 
is not fully extended and locked.
    (b) The warning system required by paragraph (a) of this section--
    (1) May not have a manual shutoff;
    (2) Must be in addition to the throttle-actuated device installed 
under the type certification airworthiness requirements; and
    (3) May utilize any part of the throttle-actuated system including 
the aural warning device.
    (c) The flap position sensing unit may be installed at any suitable 
place in the airplane.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-16, 
56 FR 63762, Dec. 5, 1991]



Sec. 125.189  Demonstration of emergency evacuation procedures.

    (a) Each certificate holder must show, by actual demonstration 
conducted in accordance with paragraph (a) of appendix B of this part, 
that the emergency evacuation procedures for each type and model of 
airplane with a seating of more than 44 passengers, that is used in its 
passenger-carrying operations, allow the evacuation of the full seating 
capacity, including crewmembers, in 90 seconds or less, in each of the 
following circumstances:
    (1) A demonstration must be conducted by the certificate holder upon 
the initial introduction of a type and model of airplane into passenger-
carrying operations. However, the demonstration need not be repeated for 
any airplane type or model that has the same number and type of exits, 
the same cabin configuration, and the same emergency equipment as any 
other airplane used by the certificate holder in successfully 
demonstrating emergency evacuation in compliance with this paragraph.
    (2) A demonstration must be conducted--
    (i) Upon increasing by more than 5 percent the passenger seating 
capacity for which successful demonstration has been conducted; or
    (ii) Upon a major change in the passenger cabin interior 
configuration that will affect the emergency evacuation of passengers.
    (b) If a certificate holder has conducted a successful demonstration 
required by Sec. 121.291(a) in the same type airplane as a part 121 or 
part 123 certificate holder, it need not conduct a demonstration under 
this paragraph in

[[Page 576]]

that type airplane to achieve certification under part 125.
    (c) Each certificate holder operating or proposing to operate one or 
more landplanes in extended overwater operations, or otherwise required 
to have certain equipment under Sec. 125.209, must show, by a simulated 
ditching conducted in accordance with paragraph (b) of appendix B of 
this part, that it has the ability to efficiently carry out its ditching 
procedures.
    (d) If a certificate holder has conducted a successful demonstration 
required by Sec. 121.291(b) in the same type airplane as a part 121 or 
part 123 certificate holder, it need not conduct a demonstration under 
this paragraph in that type airplane to achieve certification under part 
125.



            Subpart F--Instrument and Equipment Requirements



Sec. 125.201  Inoperable instruments and equipment.

    (a) No person may take off an airplane with inoperable instruments 
or equipment installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that airplane.
    (2) The Flight Standards District Office having certification 
responsibility has issued the certificate holder operations 
specifications authorizing operations in accordance with an approved 
Minimum Equipment List. The flight crew shall have direct access at all 
times prior to flight to all of the information contained in the 
approved Minimum Equipment List through printed or other means approved 
by the Administrator in the certificate holders operations 
specifications. An approved Minimum Equipment List, as authorized by the 
operations specifications, constitutes an approved change to the type 
design without requiring recertification.
    (3) The approved Minimum Equipment List must:
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section.
    (ii) Provide for the operation of the airplane with certain 
instruments and equipment in an inoperable condition.
    (4) Records identifying the inoperable instruments and equipment and 
the information required by paragraph (a)(3)(ii) of this section must be 
available to the pilot.
    (5) The airplane is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the operations 
specifications authorizing use of the Minimum Equipment List.
    (b) The following instruments and equipment may not be included in 
the Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
airplane is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an 
airplane with inoperable instruments or equipment may be operated under 
a special flight permit under Secs. 21.197 and 21.199 of this chapter.

[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991]



Sec. 125.203  Radio and navigational equipment.

    (a) No person may operate an airplane unless it has two-way radio 
communications equipment able, at least in flight, to transmit to, and 
receive from, ground facilities 25 miles away.
    (b) No person may operate an airplane over-the-top unless it has 
radio navigational equipment able to receive radio signals from the 
ground facilities to be used.
    (c) Except as provided in paragraph (e) of this section, no person 
may operate an airplane carrying passengers under IFR or in extended 
overwater operations unless it has at least the following radio 
communication and navigational equipment appropriate to the facilities 
to be used which are capable of transmitting to, and receiving from,

[[Page 577]]

at any place on the route to be flown, at least one ground facility:
    (1) Two transmitters, (2) two microphones, (3) two headsets or one 
headset and one speaker (4) a marker beacon receiver, (5) two 
independent receivers for navigation, and (6) two independent receivers 
for communications.
    (d) For the purposes of paragraphs (c)(5) and (c)(6) of this 
section, a receiver is independent if the function of any part of it 
does not depend on the functioning of any part of another receiver. 
However, a receiver that can receive both communications and 
navigational signals may be used in place of a separate communications 
receiver and a separate navigational signal receiver.
    (e) Notwithstanding the requirements of paragraph (c) of this 
section, installation and use of a single long-range navigation system 
and a single long-range communication system for extended overwater 
operations in certain geographic areas may be authorized by the 
Administrator and approved in the certificate holder's operations 
specifications. The following are among the operational factors the 
Administrator may consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-25, 
61 FR 7191, Feb. 26, 1996]



Sec. 125.205  Equipment requirements: Airplanes under IFR.

    No person may operate an airplane under IFR unless it has--
    (a) A vertical speed indicator;
    (b) A free-air temperature indicator;
    (c) A heated pitot tube for each airspeed indicator;
    (d) A power failure warning device or vacuum indicator to show the 
power available for gyroscopic instruments from each power source;
    (e) An alternate source of static pressure for the altimeter and the 
airspeed and vertical speed indicators;
    (f) At least two generators each of which is on a separate engine, 
or which any combination of one-half of the total number are rated 
sufficiently to supply the electrical loads of all required instruments 
and equipment necessary for safe emergency operation of the airplane; 
and
    (g) Two independent sources of energy (with means of selecting 
either), of which at least one is an engine-driven pump or generator, 
each of which is able to drive all gyroscopic instruments and installed 
so that failure of one instrument or source does not interfere with the 
energy supply to the remaining instruments or the other energy source. 
For the purposes of this paragraph, each engine-driven source of energy 
must be on a different engine.
    (h) For the purposes of paragraph (f) of this section, a continuous 
inflight electrical load includes one that draws current continuously 
during flight, such as radio equipment, electrically driven instruments, 
and lights, but does not include occasional intermittent loads.
    (i) An airspeed indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (j) A sensitive altimeter.
    (k) Instrument lights providing enough light to make each required 
instrument, switch, or similar instrument easily readable and installed 
so that the direct rays are shielded from the flight crewmembers' eyes 
and that no objectionable reflections are visible to them. There must be 
a means of controlling the intensity of illumination unless it is shown 
that nondimming instrument lights are satisfactory.



Sec. 125.206  Pitot heat indication systems.

    (a) Except as provided in paragraph (b) of this section, after April 
12, 1981, no person may operate a transport category airplane equipped 
with a flight instrument pitot heating system unless the airplane is 
equipped with an operable pitot heat indication system that complies 
with Sec. 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)

[[Page 578]]

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.

[Doc. No. 18904, 46 FR 43806, Aug. 31, 1981, as amended by Amdt. 125-13, 
54 FR 39294, Sept. 25, 1989]



Sec. 125.207  Emergency equipment requirements.

    (a) No person may operate an airplane having a seating capacity of 
20 or more passengers unless it is equipped with the following emergency 
equipment:
    (1) One approved first aid kit for treatment of injuries likely to 
occur in flight or in a minor accident, which meets the following 
specifications and requirements:
    (i) Each first aid kit must be dust and moisture proof and contain 
only materials that either meet Federal Specifications GGK-391a, as 
revised, or as approved by the Administrator.
    (ii) Required first aid kits must be readily accessible to the cabin 
flight attendants.
    (iii) Except as provided in paragraph (a)(1)(iv) of this section, at 
time of takeoff, each first aid kit must contain at least the following 
or other contents approved by the Administrator:

------------------------------------------------------------------------
                           Contents                             Quantity
------------------------------------------------------------------------
Adhesive bandage compressors, 1 in...........................         16
Antiseptic swabs.............................................         20
Ammonia inhalants............................................         10
Bandage compressors, 4 in....................................          8
Triangular bandage compressors, 40 in........................          5
Arm splint, noninflatable....................................          1
Leg splint, noninflatable....................................          1
Roller bandage, 4 in.........................................          4
Adhesive tape, 1-in standard roll............................          2
Bandage scissors.............................................          1
Protective latex gloves or equivalent nonpermeable gloves....      \1\ 1
------------------------------------------------------------------------
\1\ Pair.                                                               

    (iv) Protective latex gloves or equivalent nonpermeable gloves may 
be placed in the first aid kit or in a location that is readily 
accessible to crewmembers.
    (2) A crash axe carried so as to be accessible to the crew but 
inaccessible to passengers during normal operations.
    (3) Signs that are visible to all occupants to notify them when 
smoking is prohibited and when safety belts should be fastened. The 
signs must be so constructed that they can be turned on and off by a 
crewmember. They must be turned on for each takeoff and each landing and 
when otherwise considered to be necessary by the pilot in command.
    (4) The additional emergency equipment specified in appendix A of 
this part.
    (b) Megaphones. Each passenger-carrying airplane must have a 
portable battery-powered megaphone or megaphones readily accessible to 
the crewmembers assigned to direct emergency evacuation, installed as 
follows:
    (1) One megaphone on each airplane with a seating capacity of more 
than 60 and less than 100 passengers, at the most rearward location in 
the passenger cabin where it would be readily accessible to a normal 
flight attendant seat. However, the Administrator may grant a deviation 
from the requirements of this paragraph if the Administrator finds that 
a different location would be more useful for evacuation of persons 
during an emergency.
    (2) Two megaphones in the passenger cabin on each airplane with a 
seating capacity of more than 99 and less than 200 passengers, one 
installed at the forward end and the other at the most rearward location 
where it would be readily accessible to a normal flight attendant seat.
    (3) Three megaphones in the passenger cabin on each airplane with a 
seating capacity of more than 199 passengers, one installed at the 
forward end, one installed at the most rearward location where it would 
be readily accessible to a normal flight attendant seat, and one 
installed in a readily accessible location in the mid-section of the 
airplane.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-19, 
59 FR 1781, Jan. 12, 1994; Amdt. 125-22, 59 FR 52643, Oct. 18, 1994; 59 
FR 55208, Nov. 4, 1994]

[[Page 579]]



Sec. 125.209  Emergency equipment: Extended overwater operations.

    (a) No person may operate an airplane in extended overwater 
operations unless it carries, installed in conspicuously marked 
locations easily accessible to the occupants if a ditching occurs, the 
following equipment:
    (1) An approved life preserver equipped with an approved survivor 
locator light, or an approved flotation means, for each occupant of the 
aircraft. The life preserver or other flotation means must be easily 
accessible to each seated occupant. If a flotation means other than a 
life preserver is used, it must be readily removable from the airplane.
    (2) Enough approved life rafts (with proper buoyancy) to carry all 
occupants of the airplane, and at least the following equipment for each 
raft clearly marked for easy identification--
    (i) One canopy (for sail, sunshade, or rain catcher);
    (ii) One radar reflector (or similar device);
    (iii) One life raft repair kit;
    (iv) One bailing bucket;
    (v) One signaling mirror;
    (vi) One police whistle;
    (vii) One raft knife;
    (viii) One CO2 bottle for emergency inflation;
    (ix) One inflation pump;
    (x) Two oars;
    (xi) One 75-foot retaining line;
    (xii) One magnetic compass;
    (xiii) One dye marker;
    (xiv) One flashlight having at least two size ``D'' cells or 
equivalent;
    (xv) At least one approved pyrotechnic signaling device;
    (xvi) A 2-day supply of emergency food rations supplying at least 
1,000 calories a day for each person;
    (xvii) One sea water desalting kit for each two persons that raft is 
rated to carry, or two pints of water for each person the raft is rated 
to carry;
    (xviii) One fishing kit; and
    (xix) One book on survival appropriate for the area in which the 
airplane is operated.
    (b) No person may operate an airplane in extended overwater 
operations unless there is attached to one of the life rafts required by 
paragraph (a) of this section, an approved survival type emergency 
locator transmitter. Batteries used in this transmitter must be replaced 
(or recharged, if the batteries are rechargeable) when the transmitter 
has been in use for more than one cumulative hour, or, when 50 percent 
of their useful life (or for rechargeable batteries, 50 percent of their 
useful life of charge) has expired, as established by the transmitter 
manufacturer under its approval. The new expiration date for replacing 
(or recharging) the 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. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-20, 
59 FR 32058, June 21, 1994]



Sec. 125.211  Seat and safety belts.

    (a) No person may operate an airplane unless there are available 
during the takeoff, en route flight, and landing--
    (1) An approved seat or berth for each person on board the airplane 
who is at least 2 years old; and
    (2) An approved safety belt for separate use by each person on board 
the airplane who is at least 2 years old, except that two persons 
occupying a berth may share one approved safety belt and two persons 
occupying a multiple lounge or divan seat may share one approved safety 
belt during en route flight only.
    (b) Except as provided in paragraphs (b)(1) and (b)(2) of this 
section, each person on board an airplane operated under this part shall 
occupy an approved seat or berth with a separate safety belt properly 
secured about him or her during movement on the surface, takeoff, and 
landing. A safety belt provided for the occupant of a seat may not be 
used for more than one person who has reached his or her second 
birthday. Notwithstanding the preceding requirements, a child may:
    (1) Be held by an adult who is occupying an approved seat or berth, 
provided the child has not reached his or her second birthday and the 
child does not

[[Page 580]]

occupy or use any restraining device; or
    (2) Notwithstanding any other requirement of this chapter, occupy an 
approved child restraint system furnished by the certificate holder or 
one of the persons described in paragraph (b)(2)(i) of this section, 
provided:
    (i) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, 
the approved child restraint system bears one or more labels as follows:
    (A) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label: ``This child restraint 
system conforms to all applicable Federal motor vehicle safety 
standards'';
    (B) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (1) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (2) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section must bear either a label showing approval 
of a foreign government or a label showing that the seat was 
manufactured under the standards of the United Nations;
    (D) Notwithstanding any other provisions of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held child restraints are not approved for 
use in aircraft; and
    (iii) The certificate holder complies with the following 
requirements:
    (A) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (B) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (C) The restraint system must bear the appropriate label(s).
    (c) Except as provided in paragraph (c)(3) of this section, the 
following prohibitions apply to certificate holders:
    (1) No certificate holder may permit a child, in an aircraft, to 
occupy a booster-type child restraint system, a vest-type child 
restraint system, a harness-type child restraint system, or a lap held 
child restraint system during take off, landing, and movement on the 
surface.
    (2) Except as required in paragraph (c)(1) of this section, no 
certificate holder may prohibit a child, if requested by the child's 
parent, guardian, or designated attendant, from occupying a child 
restraint system furnished by the child's parent, guardian, or 
designated attendant provided:
    (i) The child holds a ticket for an approved seat or berth or such 
seat or berth is otherwise made available by the certificate holder for 
the child's use;
    (ii) The requirements of paragraph (b)(2)(i) of this section are 
met;
    (iii) The requirements of paragraph (b)(2)(iii) of this section are 
met; and
    (iv) The child restraint system has one or more of the labels 
described in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(C) of this 
section.
    (3) This section does not prohibit the certificate holder from 
providing child restraint systems authorized by this section or, 
consistent with safe operating practices, determining the most 
appropriate passenger seat location for the child restraint system.
    (d) Each sideward facing seat must comply with the applicable 
requirements of Sec. 25.785(c) of this chapter.
    (e) No certificate holder may take off or land an airplane unless 
each passenger seat back is in the upright position. Each passenger 
shall comply with instructions given by a crewmember in compliance with 
this paragraph. This paragraph does not apply to seats on which cargo or 
persons who are unable to sit erect for a medical reason are carried in 
accordance with procedures in the certificate holder's manual if the 
seat back does not obstruct any passenger's access to the aisle or to 
any emergency exit.
    (f) Each occupant of a seat equipped with a shoulder harness must 
fasten the shoulder harness during takeoff

[[Page 581]]

and landing, except that, in the case of crewmembers, the shoulder 
harness need not be fastened if the crewmember cannot perform his 
required duties with the shoulder harness fastened.

[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-17, 
57 FR 42674, Sept. 15, 1992; Amdt. 125-26, 61 FR 28422, June 4, 1996]



Sec. 125.213  Miscellaneous equipment.

    No person may conduct any operation unless the following equipment 
is installed in the airplane:
    (a) If protective fuses are installed on an airplane, the number of 
spare fuses approved for the airplane and appropriately described in the 
certificate holder's manual.
    (b) A windshield wiper or equivalent for each pilot station.
    (c) A power supply and distribution system that meets the 
requirements of Secs. 25.1309, 25.1331, 25.1351 (a) and (b) (1) through 
(4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce and 
distribute the load for the required instruments and equipment, with use 
of an external power supply if any one power source or component of the 
power distribution system fails. The use of common elements in the 
system may be approved if the Administrator finds that they are designed 
to be reasonably protected against malfunctioning. Engine-driven sources 
of energy, when used, must be on separate engines.
    (d) A means for indicating the adequacy of the power being supplied 
to required flight instruments.
    (e) Two independent static pressure systems, vented to the outside 
atmospheric pressure so that they will be least affected by air flow 
variation or moisture or other foreign matter, and installed so as to be 
airtight except for the vent. When a means is provided for transferring 
an instrument from its primary operating system to an alternative 
system, the means must include a positive positioning control and must 
be marked to indicate clearly which system is being used.
    (f) A placard on each door that is the means of access to a required 
passenger emergency exit to indicate that it must be open during takeoff 
and landing.
    (g) A means for the crew, in an emergency, to unlock each door that 
leads to a compartment that is normally accessible to passengers and 
that can be locked by passengers.



Sec. 125.215  Operating information required.

    (a) The operator of an airplane must provide the following 
materials, in current and appropriate form, accessible to the pilot at 
the pilot station, and the pilot shall use them:
    (1) A cockpit checklist.
    (2) An emergency cockpit checklist containing the procedures 
required by paragraph (c) of this section, as appropriate.
    (3) Pertinent aeronautical charts.
    (4) For IFR operations, each pertinent navigational en route, 
terminal area, and approach and letdown chart;
    (5) One-engine-inoperative climb performance data and, if the 
airplane is approved for use in IFR or over-the-top operations, that 
data must be sufficient to enable the pilot to determine that the 
airplane is capable of carrying passengers over-the-top or in IFR 
conditions at a weight that will allow it to climb, with the critical 
engine inoperative, at least 50 feet a minute when operating at the 
MEA's of the route to be flown or 5,000 feet MSL, whichever is higher.
    (b) Each cockpit checklist required by paragraph (a)(1) of this 
section must contain the following procedures:
    (1) Before starting engines;
    (2) Before take-off;
    (3) Cruise;
    (4) Before landing;
    (5) After landing;
    (6) Stopping engines.
    (c) Each emergency cockpit checklist required by paragraph (a)(2) of 
this section must contain the following procedures, as appropriate:
    (1) Emergency operation of fuel, hydraulic, electrical, and 
mechanical systems.
    (2) Emergency operation of instruments and controls.
    (3) Engine inoperative procedures.
    (4) Any other emergency procedures necessary for safety.

[[Page 582]]



Sec. 125.217  Passenger information.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane carrying passengers unless it is equipped with 
signs that meet the requirements of Sec. 25.791 of this chapter and that 
are visible to passengers and flight attendants to notify them when 
smoking is prohibited and when safety belts must be fastened. The signs 
must be so constructed that the crew can turn them on and off. They must 
be turned on during airplane movement on the surface, for each takeoff, 
for each landing, and when otherwise considered to be necessary by the 
pilot in command.
    (b) No passenger or crewmember may smoke while any ``No Smoking'' 
sign is lighted nor may any passenger or crewmember smoke in any 
lavatory.
    (c) Each passenger required by Sec. 125.211(b) to occupy a seat or 
berth shall fasten his or her safety belt about him or her and keep it 
fastened while any ``Fasten Seat Belt'' sign is lighted.
    (d) Each passenger shall comply with instructions given him or her 
by crewmembers regarding compliance with paragraphs (b) and (c) of this 
section.


[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]



Sec. 125.219  Oxygen for medical use by passengers.

    (a) Except as provided in paragraphs (d) and (e) of this section, no 
certificate holder may allow the carriage or operation of equipment for 
the storage, generation or dispensing of medical oxygen unless the unit 
to be carried is constructed so that all valves, fittings, and gauges 
are protected from damage during that carriage or operation and unless 
the following conditions are met:
    (1) The equipment must be--
    (i) Of an approved type or in conformity with the manufacturing, 
packaging, marking, labeling, and maintenance requirements of title 49 
CFR parts 171, 172, and 173, except Sec. 173.24(a)(1);
    (ii) When owned by the certificate holder, maintained under the 
certificate holder's approved maintenance program;
    (iii) Free of flammable contaminants on all exterior surfaces; and
    (iv) Appropriately secured.
    (2) When the oxygen is stored in the form of a liquid, the equipment 
must have been under the certificate holder's approved maintenance 
program since its purchase new or since the storage container was last 
purged.
    (3) When the oxygen is stored in the form of a compressed gas as 
defined in title 49 CFR 173.300(a)--
    (i) When owned by the certificate holder, it must be maintained 
under its approved maintenance program; and
    (ii) The pressure in any oxygen cylinder must not exceed the rated 
cylinder pressure.
    (4) The pilot in command must be advised when the equipment is on 
board and when it is intended to be used.
    (5) The equipment must be stowed, and each person using the 
equipment must be seated so as not to restrict access to or use of any 
required emergency or regular exit or of the aisle in the passenger 
compartment.
    (b) When oxygen is being used, no person may smoke and no 
certificate holder may allow any person to smoke within 10 feet of 
oxygen storage and dispensing equipment carried under paragraph (a) of 
this section.
    (c) No certificate holder may allow any person other than a person 
trained in the use of medical oxygen equipment to connect or disconnect 
oxygen bottles or any other ancillary component while any passenger is 
aboard the airplane.
    (d) Paragraph (a)(1)(i) of this section does not apply when that 
equipment is furnished by a professional or medical emergency service 
for use on board an airplane in a medical emergency when no other 
practical means of transportation (including any other properly equipped 
certificate holder) is reasonably available and the person carried under 
the medical emergency is accompanied by a person trained in the use of 
medical oxygen.
    (e) Each certificate holder who, under the authority of paragraph 
(d) of this section, deviates from paragraph (a)(1)(i) of this section 
under a medical emergency shall, within 10 days, excluding Saturdays, 
Sundays, and Federal holidays, after the deviation, send to the FAA 
Flight Standards district

[[Page 583]]

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.



Sec. 125.221  Icing conditions: Operating limitations.

    (a) No pilot may take off an airplane that has frost, ice, or snow 
adhering to any propeller, windshield, wing, stabilizing or control 
surface, to a powerplant installation, or to an airspeed, altimeter, 
rate of climb, or flight attitude instrument system, except under the 
follow conditions:
    (1) Takeoffs may be made with frost adhering to the wings, or 
stabilizing or control surfaces, if the frost has been polished to make 
it smooth.
    (2) Takeoffs may be made with frost under the wing in the area of 
the fuel tanks if authorized by the Administrator.
    (b) No certificate holder may authorize an airplane to take off and 
no pilot may take off an airplane any time conditions are such that 
frost, ice, or snow may reasonably be expected to adhere to the airplane 
unless the pilot has completed the testing required under 
Sec. 125.287(a)(9) and unless one of the following requirements is met:
    (1) A pretakeoff contamination check, that has been established by 
the certificate holder and approved by the Administrator for the 
specific airplane type, has been completed within 5 minutes prior to 
beginning takeoff. A pretakeoff contamination check is a check to make 
sure the wings and control surfaces are free of frost, ice, or snow.
    (2) The certificate holder has an approved alternative procedure and 
under that procedure the airplane is determined to be free of frost, 
ice, or snow.
    (3) The certificate holder has an approved deicing/anti-icing 
program that complies with Sec. 121.629(c) of this chapter and the 
takeoff complies with that program.
    (c) Except for an airplane that has ice protection provisions that 
meet appendix C of this part or those for transport category airplane 
type certification, no pilot may fly--
    (1) Under IFR into known or forecast light or moderate icing 
conditions; or
    (2) Under VFR into known light or moderate icing conditions, unless 
the airplane has functioning deicing or anti-icing equipment protecting 
each propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system.
    (d) Except for an airplane that has ice protection provisions that 
meet appendix C of this part or those for transport category airplane 
type certification, no pilot may fly an airplane into known or forecast 
severe icing conditions.
    (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) and (c) of this section based on forecast 
conditions do not apply.

[45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-18, 58 FR 69629, 
Dec. 30, 1993]



Sec. 125.223  Airborne weather radar equipment requirements.

    (a) No person may operate an airplane governed by this part in 
passenger-carrying operations unless approved airborne weather radar 
equipment is installed in the airplane.
    (b) No person may begin a flight under IFR or night VFR conditions 
when current weather reports indicate that thunderstorms, or other 
potentially hazardous weather conditions that can be detected with 
airborne weather radar equipment, may reasonably be expected along the 
route to be flown, unless the airborne weather radar equipment required 
by paragraph (a) of this section is in satisfactory operating condition.
    (c) If the airborne weather radar equipment becomes inoperative en 
route, the airplane must be operated under the instructions and 
procedures specified for that event in the manual required by 
Sec. 125.71.
    (d) This section does not apply to airplanes used solely within the 
State of Hawaii, within the State of Alaska, within that part of Canada 
west of longitude 130 degrees W, between latitude

[[Page 584]]

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.



Sec. 125.224  Traffic Alert and Collision Avoidance System.

    (a) After December 30, 1993, no person may operate a large airplane 
that has a passenger seating configuration, excluding any pilot seat, of 
more than 30 seats unless it is equipped with an approved TCAS II 
traffic alert and collision avoidance system and the appropriate class 
of Mode S transponder.
    (b) The manual required by Sec. 125.71 of this part shall contain 
the following information on the TCAS II system required by this 
section.
    (1) Appropriate procedures for--
    (i) The operation of the equipment; and
    (ii) Proper flightcrew action with respect to the equipment.
    (2) An outline of all input sources that must be operating for the 
TCAS II to function properly.

[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt. 125-14, 
55 FR 13247, Apr. 9, 1990]



Sec. 125.225  Flight recorders.

    (a) Except as provided in paragraph (d) of this section, after 
October 11, 1991, no person may operate a large airplane type 
certificated before October 1, 1969, for operations above 25,000 feet 
altitude, nor a multiengine, turbine powered airplane type certificated 
before October 1, 1969, unless it is equipped with one or more approved 
flight recorders that utilize a digital method of recording and storing 
data and a method of readily retrieving that data from the storage 
medium. The following information must be able to be determined within 
the ranges, accuracies, resolution, and recording intervals specified in 
appendix D of this part:

    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission to or from air traffic control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Control column or pitch control surface position; and
    (11) Thrust of each engine.

    (b) Except as provided in paragraph (d) of this section, after 
October 11, 1991, no person may operate a large airplane type 
certificated after September 30, 1969, for operations above 25,000 feet 
altitude, nor a multiengine, turbine powered airplane type certificated 
after September 30, 1969, unless it is equipped with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, resolutions, and recording intervals 
specified in appendix D of this part:

    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission either to or from air traffic 
control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Pitch trim position;
    (11) Control column or pitch control surface position;
    (12) Control wheel or lateral control surface position;
    (13) Rudder pedal or yaw control surface position;
    (14) Thrust of each engine;
    (15) Position of each trust reverser;
    (16) Trailing edge flap or cockpit flap control position; and
    (17) Leading edge flap or cockpit flap control position.

    (c) After October 11, 1991, no person may operate a large airplane 
equipped with a digital data bus and ARINC 717 digital flight data 
acquisition unit (DFDAU) or equivalent unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that

[[Page 585]]

data from the storage medium. Any parameters specified in appendix D of 
this part that are available on the digital data bus must be recorded 
within the ranges, accuracies, resolutions, and sampling intervals 
specified.
    (d) No person may operate under this part an airplane that is 
manufactured after October 11, 1991, unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. The parameters specified in appendix D of this 
part must be recorded within the ranges, accuracies, resolutions and 
sampling intervals specified. For the purpose of this section, 
``manufactured'' means the point in time at which the airplane 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA-approved type design data.
    (e) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (f) Except as provided in paragraph (g) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as applicable, until the airplane 
has been operated for at least 25 hours of the operating time specified 
in Sec. 125.227(a) of this chapter. A total of 1 hour of recorded data 
may be erased for the purpose of testing the flight recorder or the 
flight recorder system. Any erasure made in accordance with this 
paragraph must be of the oldest recorded data accumulated at the time of 
testing. Except as provided in paragraph (g) of this section, no record 
need be kept more than 60 days.
    (g) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board under 
49 CFR part 830 and that results in termination of the flight, the 
certificate holder shall remove the recording media from the airplane 
and keep the recorded data required by paragraph (a), (b), (c), or (d) 
of this section, as applicable, for at least 60 days or for a longer 
period upon the request of the Board or the Administrator.
    (h) Each flight recorder required by this section must be installed 
in accordance with the requirements of Sec. 25.1459 of this chapter in 
effect on August 31, 1977. The correlation required by Sec. 25.1459(c) 
of this chapter need be established only on one airplane of any group of 
airplanes.
    (1) That are of the same type;
    (2) On which the flight recorder models and their installations are 
the same; and
    (3) On which there are no differences in the type design with 
respect to the installation of the first pilot's instruments associated 
with the flight recorder. The most recent instrument calibration, 
including the recording medium from which this calibration is derived, 
and the recorder correlation must be retained by the certificate holder.
    (i) Each flight recorder required by this section that records the 
data specified in paragraphs (a), (b), (c), or (d) of this section must 
have an approved device to assist in locating that recorder under water.

[Doc. No. 25530, 53 FR 26148, July 11, 1988; 53 FR 30906, Aug. 16, 1988]



Sec. 125.227  Cockpit voice recorders.

    (a) No certificate holder may operate a large turbine engine powered 
airplane or a large pressurized airplane with four reciprocating engines 
unless an approved cockpit voice recorder is installed in that airplane 
and is operated continuously from the start of the use of the checklist 
(before starting engines for the purpose of flight) to completion of the 
final checklist at the termination of the flight.
    (b) Each certificate holder shall establish a schedule for 
completion, before the prescribed dates, of the cockpit voice recorder 
installations required by paragraph (a) of this section. In addition, 
the certificate holder shall identify any airplane specified in 
paragraph (a) of this section he intends to discontinue using before the 
prescribed dates.
    (c) The cockpit voice recorder required by this section must also 
meet the following standards:

[[Page 586]]

    (1) The requirements of part 25 of this chapter in effect after 
October 11, 1991.
    (2) After September 1, 1980, each recorder container must--
    (i) Be either bright orange or bright yellow;
    (ii) Have reflective tape affixed to the external surface to 
facilitate its location under water; and
    (iii) Have an approved underwater locating device on or adjacent to 
the container which is secured in such a manner that it is not likely to 
be separated during crash impact, unless the cockpit voice recorder and 
the flight recorder, required by Sec. 125.225 of this chapter, are 
installed adjacent to each other in such a manner that they are not 
likely to be separated during crash impact.
    (d) In complying with this section, an approved cockpit voice 
recorder having an erasure feature may be used so that, at any time 
during the operation of the recorder, information recorded more than 30 
minutes earlier may be erased or otherwise obliterated.
    (e) For those aircraft equipped to record the uninterrupted audio 
signals received by a boom or a mask microphone the flight crewmembers 
are required to use the boom microphone below 18,000 feet mean sea 
level. No person may operate a large turbine engine powered airplane or 
a large pressurized airplane with four reciprocating engines 
manufactured after October 11, 1991, or on which a cockpit voice 
recorder has been installed after October 11, 1991, unless it is 
equipped to record the uninterrupted audio signal received by a boom or 
mask microphone in accordance with Sec. 25.1457(c)(5) of this chapter.
    (f) In the event of an accident or occurrence requiring immediate 
notification of the National Transportation Safety Board under 49 CFR 
part 830 of its regulations, which results in the termination of the 
flight, the certificate holder shall keep the recorded information for 
at least 60 days or, if requested by the Administrator or the Board, for 
a longer period. Information obtained from the record is used to assist 
in determining the cause of accidents or occurrences in connection with 
investigations under 49 CFR part 830. The Administrator does not use the 
record in any civil penalty or certificate action.

[Doc. No. 25530, 53 FR 26149, July 11, 1988]



                         Subpart G--Maintenance



Sec. 125.241  Applicability.

    This subpart prescribes rules, in addition to those prescribed in 
other parts of this chapter, for the maintenance of airplanes, 
airframes, aircraft engines, propellers, appliances, each item of 
survival and emergency equipment, and their component parts operated 
under this part.



Sec. 125.243  Certificate holder's responsibilities.

    (a) With regard to airplanes, including airframes, aircraft engines, 
propellers, appliances, and survival and emergency equipment, operated 
by a certificate holder, that certificate holder is primarily 
responsible for--
    (1) Airworthiness;
    (2) The performance of maintenance, preventive maintenance, and 
alteration in accordance with applicable regulations and the certificate 
holder's manual;
    (3) The scheduling and performance of inspections required by this 
part; and
    (4) Ensuring that maintenance personnel make entries in the airplane 
maintenance log and maintenance records which meet the requirements of 
part 43 of this chapter and the certificate holder's manual, and which 
indicate that the airplane has been approved for return to service after 
maintenance, preventive maintenance, or alteration has been performed.



Sec. 125.245  Organization required to perform maintenance, preventive maintenance, and alteration.

    The certificate holder must ensure that each person with whom it 
arranges for the performance of maintenance, preventive maintenance, 
alteration, or required inspection items identified in the certificate 
holder's manual in accordance with Sec. 125.249(a)(3)(ii) must have an 
organization adequate to perform that work.

[[Page 587]]



Sec. 125.247  Inspection programs and maintenance.

    (a) No person may operate an airplane subject to this part unless
    (1) The replacement times for life-limited parts specified in the 
aircraft type certificate data sheets, or other documents approved by 
the Administrator, are complied with;
    (2) Defects disclosed between inspections, or as a result of 
inspection, have been corrected in accordance with part 43 of this 
chapter; and
    (3) The airplane, including airframe, aircraft engines, propellers, 
appliances, and survival and emergency equipment, and their component 
parts, is inspected in accordance with an inspection program approved by 
the Administrator.
    (b) The inspection program specified in paragraph (a)(3) of this 
section must include at least the following:
    (1) Instructions, procedures, and standards for the conduct of 
inspections for the particular make and model of airplane, including 
necessary tests and checks. The instructions and procedures must set 
forth in detail the parts and areas of the airframe, aircraft engines, 
propellers, appliances, and survival and emergency equipment required to 
be inspected.
    (2) A schedule for the performance of inspections that must be 
performed under the program, expressed in terms of the time in service, 
calendar time, number of system operations, or any combination of these.
    (c) No person may be used to perform the inspections required by 
this part unless that person is authorized to perform maintenance under 
part 43 of this chapter.
    (d) No person may operate an airplane subject to this part unless--
    (1) The installed engines have been maintained in accordance with 
the overhaul periods recommended by the manufacturer or a program 
approved by the Administrator; and
    (2) The engine overhaul periods are specified in the inspection 
programs required by Sec. 125.247(a)(3).
    (e) Inspection programs which may be approved for use under this 
part include, but are not limited to--
    (1) A continuous inspection program which is a part of a current 
continuous airworthiness program approved for use by a certificate 
holder under part 121 or part 135 of this chapter;
    (2) Inspection programs currently recommended by the manufacturer of 
the airplane, aircraft engines, propellers, appliances, or survival and 
emergency equipment; or
    (3) An inspection program developed by a certificate holder under 
this part.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-2, 
46 FR 24409, Apr. 30, 1981]



Sec. 125.249  Maintenance manual requirements.

    (a) Each certificate holder's manual required by Sec. 125.71 of this 
part shall contain, in addition to the items required by Sec. 125.73 of 
this part, at least the following:
    (1) A description of the certificate holders maintenance 
organization, when the certificate holder has such an organization.
    (2) A list of those persons with whom the certificate holder has 
arranged for performance of inspections under this part. The list shall 
include the persons' names and addresses.
    (3) The inspection programs required by Sec. 125.247 of this part to 
be followed in the performance of inspections under this part 
including--
    (i) The method of performing routine and nonroutine inspections 
(other than required inspections);
    (ii) The designation of the items that must be inspected (required 
inspections), including at least those which if improperly accomplished 
could result in a failure, malfunction, or defect endangering the safe 
operation of the airplane;
    (iii) The method of performing required inspections;
    (iv) Procedures for the inspection of work performed under 
previously required inspection findings (``buy-back procedures'');
    (v) Procedures, standards, and limits necessary for required 
inspections and acceptance or rejection of the items required to be 
inspected;
    (vi) Instructions to prevent any person who performs any item of 
work from performing any required inspection of that work; and

[[Page 588]]

    (vii) Procedures to ensure that work interruptions do not adversely 
affect required inspections and to ensure required inspections are 
properly completed before the airplane is released to service.
    (b) In addition, each certificate holder's manual shall contain a 
suitable system which may include a coded system that provides for the 
retention of the following:
    (1) A description (or reference to data acceptable to the 
Administrator) of the work performed.
    (2) The name of the person performing the work and the person's 
certificate type and number.
    (3) The name of the person approving the work and the person's 
certificate type and number.



Sec. 125.251  Required inspection personnel.

    (a) No person may use any person to perform required inspections 
unless the person performing the inspection is appropriately 
certificated, properly trained, qualified, and authorized to do so.
    (b) No person may perform a required inspection if that person 
performed the item of work required to be inspected.



              Subpart H--Airman and Crewmember Requirements



Sec. 125.261  Airman: Limitations on use of services.

    (a) No certificate holder may use any person as an airman nor may 
any person serve as an airman unless that person--
    (1) Holds an appropriate current airman certificate issued by the 
FAA;
    (2) Has any required appropriate current airman and medical 
certificates in that person's possession while engaged in operations 
under this part; and
    (3) Is otherwise qualified for the operation for which that person 
is to be used.
    (b) Each airman covered by paragraph (a) of this section shall 
present the certificates for inspection upon the request of the 
Administrator.



Sec. 125.263  Composition of flightcrew.

    (a) No certificate holder may operate an airplane with less than the 
minimum flightcrew specified in the type certificate and the Airplane 
Flight Manual approved for that type airplane and required by this part 
for the kind of operation being conducted.
    (b) In any case in which this part requires the performance of two 
or more functions for which an airman certificate is necessary, that 
requirement is not satisfied by the performance of multiple functions at 
the same time by one airman.
    (c) On each flight requiring a flight engineer, at least one flight 
crewmember, other than the flight engineer, must be qualified to provide 
emergency performance of the flight engineer's functions for the safe 
completion of the flight if the flight engineer becomes ill or is 
otherwise incapacitated. A pilot need not hold a flight engineer's 
certificate to perform the flight engineer's functions in such a 
situation.



Sec. 125.265  Flight engineer requirements.

    (a) No person may operate an airplane for which a flight engineer is 
required by the type certification requirements without a flight 
crewmember holding a current flight engineer certificate.
    (b) No person may serve as a required flight engineer on an airplane 
unless, within the preceding 6 calendar months, that person has had at 
least 50 hours of flight time as a flight engineer on that type 
airplane, or the Administrator has checked that person on that type 
airplane and determined that person is familiar and competent with all 
essential current information and operating procedures.



Sec. 125.267  Flight navigator and long-range navigation equipment.

    (a) No certificate holder may operate an airplane outside the 48 
conterminous States and the District of Columbia when its position 
cannot be reliably fixed for a period of more than 1 hour, without--
    (1) A flight crewmember who holds a current flight navigator 
certificate; or
    (2) Two independent, properly functioning, and approved long-range 
means of navigation which enable a reliable determination to be made of 
the

[[Page 589]]

position of the airplane by each pilot seated at that person's duty 
station.
    (b) Operations where a flight navigator or long-range navigation 
equipment, or both, are required are specified in the operations 
specifications of the operator.



Sec. 125.269  Flight attendants.

    (a) Each certificate holder shall provide at least the following 
flight attendants on each passenger-carrying airplane used:
    (1) For airplanes having more than 19 but less than 51 passengers--
one flight attendant.
    (2) For airplanes having more than 50 but less than 101 passengers--
two flight attendants.
    (3) For airplanes having more than 100 passengers--two flight 
attendants plus one additional flight attendant for each unit (or part 
of a unit) of 50 passengers above 100 passengers.
    (b) The number of flight attendants approved under paragraphs (a) 
and (b) of this section are set forth in the certificate holder's 
operations specifications.
    (c) During takeoff and landing, flight attendants required by this 
section shall be located as near as practicable to required floor level 
exits and shall be uniformly distributed throughout the airplane to 
provide the most effective egress of passengers in event of an emergency 
evacuation.



Sec. 125.271  Emergency and emergency evacuation duties.

    (a) Each certificate holder shall, for each type and model of 
airplane, assign to each category of required crewmember, as 
appropriate, the necessary functions to be performed in an emergency or 
a situation requiring emergency evacuation. The certificate holder shall 
show those functions are realistic, can be practically accomplished, and 
will meet any reasonably anticipated emergency, including the possible 
incapacitation of individual crewmembers or their inability to reach the 
passenger cabin because of shifting cargo in combination cargo-passenger 
airplanes.
    (b) The certificate holder shall describe in its manual the 
functions of each category of required crewmembers under paragraph (a) 
of this section.



                Subpart I--Flight Crewmember Requirements



Sec. 125.281  Pilot-in-command qualifications.

    No certificate holder may use any person, nor may any person serve, 
as pilot in command of an airplane unless that person--
    (a) Holds at least a commercial pilot certificate, an appropriate 
category, class, and type rating, and an instrument rating; and
    (b) Has had at least 1,200 hours of flight time as a pilot, 
including 500 hours of cross-country flight time, 100 hours of night 
flight time, including at least 10 night takeoffs and landings, and 75 
hours of actual or simulated instrument flight time, at least 50 hours 
of which were actual flight.



Sec. 125.283  Second-in-command qualifications.

    No certificate holder may use any person, nor may any person serve, 
as second in command of an airplane unless that person--
    (a) Holds at least a commercial pilot certificate with appropriate 
category and class ratings, and an instrument rating; and
    (b) For flight under IFR, meets the recent instrument experience 
requirements prescribed for a pilot in command in part 61 of this 
chapter.



Sec. 125.285  Pilot qualifications: Recent experience.

    (a) No certificate holder may use any person, nor may any person 
serve, as a required pilot flight crewmember unless within the preceding 
90 calendar days that person has made at least three takeoffs and 
landings in the type airplane in which that person is to serve. The 
takeoffs and landings required by this paragraph may be performed in a 
flight simulator if the flight simulator is qualified and approved by 
the Administrator for such purpose. However, any person who fails to 
qualify for a 90-consecutive-day period following the date of that 
person's last qualification under this paragraph must reestablish 
recency of experience

[[Page 590]]

as provided in paragraph (b) of this section.
    (b) A required pilot flight crewmember who has not met the 
requirements of paragraph (a) of this section may reestablish recency of 
experience by making at least three takeoffs and landings under the 
supervision of an authorized check airman, in accordance with the 
following:
    (1) At least one takeoff must be made with a simulated failure of 
the most critical powerplant.
    (2) At least one landing must be made from an ILS approach to the 
lowest ILS minimums authorized for the certificate holder.
    (3) At least one landing must be made to a complete stop.
    (c) A required pilot flight crewmember who performs the maneuvers 
required by paragraph (b) of this section in a qualified and approved 
flight simulator, as prescribed in paragraph (a) of this section, must--
    (1) Have previously logged 100 hours of flight time in the same type 
airplane in which the pilot is to serve; and
    (2) Be observed on the first two landings made in operations under 
this part by an authorized check airman who acts as pilot in command and 
occupies a pilot seat. The landings must be made in weather minimums 
that are not less than those contained in the certificate holder's 
operations specifications for Category I operations and must be made 
within 45 days following completion of simulator testing.
    (d) An authorized check airman who observes the takeoffs and 
landings prescribed in paragraphs (b) and (c)(3) of this section shall 
certify that the person being observed is proficient and qualified to 
perform flight duty in operations under this part, and may require any 
additional maneuvers that are determined necessary to make this 
certifying statement.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-27, 
61 FR 34561, July 2, 1996]



Sec. 125.287  Initial and recurrent pilot testing requirements.

    (a) No certificate holder may use any person, nor may any person 
serve as a pilot, unless, since the beginning of the 12th calendar month 
before that service, that person has passed a written or oral test, 
given by the Administrator or an authorized check airman on that 
person's knowledge in the following areas--
    (1) The appropriate provisions of parts 61, 91, and 125 of this 
chapter and the operations specifications and the manual of the 
certificate holder;
    (2) For each type of airplane to be flown by the pilot, the airplane 
powerplant, major components and systems, major appliances, performance 
and operating limitations, standard and emergency operating procedures, 
and the contents of the approved Airplane Flight Manual or approved 
equivalent, as applicable;
    (3) For each type of airplane to be flown by the pilot, the method 
of determining compliance with weight and balance limitations for 
takeoff, landing, and en route operations;
    (4) Navigation and use of air navigation aids appropriate to the 
operation of pilot authorization, including, when applicable, instrument 
approach facilities and procedures;
    (5) Air traffic control procedures, including IFR procedures when 
applicable;
    (6) Meteorology in general, including the principles of frontal 
systems, icing, fog, thunderstorms, and windshear, and, if appropriate 
for the operation of the certificate holder, high altitude weather;
    (7) Procedures for avoiding operations in thunderstorms and hail, 
and for operating in turbulent air or in icing conditions;
    (8) New equipment, procedures, or techniques, as appropriate;
    (9) Knowledge and procedures for operating during ground icing 
conditions, (i.e., any time conditions are such that frost, ice, or snow 
may reasonably be expected to adhere to the airplane), if the 
certificate holder expects to authorize takeoffs in ground icing 
conditions, including:
    (i) The use of holdover times when using deicing/anti-icing fluids.
    (ii) Airplane deicing/anti-icing procedures, including inspection 
and check procedures and responsibilities.
    (iii) Communications.
    (iv) Airplane surface contamination (i.e., adherence of frost, ice, 
or snow)

[[Page 591]]

and critical area identification, and knowledge of how contamination 
adversely affects airplane performance and flight characteristics.
    (v) Types and characteristics of deicing/anti-icing fluids, if used 
by the certificate holder.
    (vi) Cold weather preflight inspection procedures.
    (vii) Techniques for recognizing contamination on the airplane.
    (b) No certificate holder may use any person, nor may any person 
serve, as a pilot in any airplane unless, since the beginning of the 
12th calendar month before that service, that person has passed a 
competency check given by the Administrator or an authorized check 
airman in that type of airplane to determine that person's competence in 
practical skills and techniques in that airplane or type of airplane. 
The extent of the competency check shall be determined by the 
Administrator or authorized check airman conducting the competency 
check. The competency check may include any of the maneuvers and 
procedures currently required for the original issuance of the 
particular pilot certificate required for the operations authorized and 
appropriate to the category, class, and type of airplane involved. For 
the purposes of this paragraph, type, as to an airplane, means any one 
of a group of airplanes determined by the Administrator to have a 
similar means of propulsion, the same manufacturer, and no significantly 
different handling or flight characteristics.
    (c) The instrument proficiency check required by Sec. 125.291 may be 
substituted for the competency check required by this section for the 
type of airplane used in the check.
    (d) For the purposes of this part, competent performance of a 
procedure or maneuver by a person to be used as a pilot requires that 
the pilot be the obvious master of the airplane with the successful 
outcome of the maneuver never in doubt.
    (e) The Administrator or authorized check airman certifies the 
competency of each pilot who passes the knowledge or flight check in the 
certificate holder's pilot records.
    (f) Portions of a required competency check may be given in an 
airplane simulator or other appropriate training device, if approved by 
the Administrator.

[45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-18, 58 FR 69629, 
Dec. 30, 1993]



Sec. 125.289  Initial and recurrent flight attendant crewmember testing requirements.

    No certificate holder may use any person, nor may any person serve, 
as a flight attendant crewmember, unless, since the beginning of the 
12th calendar month before that service, the certificate holder has 
determined by appropriate initial and recurrent testing that the person 
is knowledgeable and competent in the following areas as appropriate to 
assigned duties and responsibilities:
    (a) Authority of the pilot in command;
    (b) Passenger handling, including procedures to be followed in 
handling deranged persons or other persons whose conduct might 
jeopardize safety;
    (c) Crewmember assignments, functions, and responsibilities during 
ditching and evacuation of persons who may need the assistance of 
another person to move expeditiously to an exit in an emergency;
    (d) Briefing of passengers;
    (e) Location and operation of portable fire extinguishers and other 
items of emergency equipment;
    (f) Proper use of cabin equipment and controls;
    (g) Location and operation of passenger oxygen equipment;
    (h) Location and operation of all normal and emergency exits, 
including evacuation chutes and escape ropes; and
    (i) Seating of persons who may need assistance of another person to 
move rapidly to an exit in an emergency as prescribed by the certificate 
holder's operations manual.



Sec. 125.291   Pilot in command: Instrument proficiency check requirements.

    (a) No certificate holder may use any person, nor may any person 
serve, as a pilot in command of an airplane under IFR unless, since the 
beginning of the

[[Page 592]]

sixth calendar month before that service, that person has passed an 
instrument proficiency check and the Administrator or an authorized 
check airman has so certified in a letter of competency.
    (b) No pilot may use any type of precision instrument approach 
procedure under IFR unless, since the beginning of the sixth calendar 
month before that use, the pilot has satisfactorily demonstrated that 
type of approach procedure and has been issued a letter of competency 
under paragraph (g) of this section. No pilot may use any type of 
nonprecision approach procedure under IFR unless, since the beginning of 
the sixth calendar month before that use, the pilot has satisfactorily 
demonstrated either that type of approach procedure or any other two 
different types of nonprecision approach procedures and has been issued 
a letter of competency under paragraph (g) of this section. The 
instrument approach procedure or procedures must include at least one 
straight-in approach, one circling approach, and one missed approach. 
Each type of approach procedure demonstrated must be conducted to 
published minimums for that procedure.
    (c) The instrument proficiency check required by paragraph (a) of 
this section consists of an oral or written equipment test and a flight 
check under simulated or actual IFR conditions. The equipment test 
includes questions on emergency procedures, engine operation, fuel and 
lubrication systems, power settings, stall speeds, best engine-out 
speed, propeller and supercharge operations, and hydraulic, mechanical, 
and electrical systems, as appropriate. The flight check includes 
navigation by instruments, recovery from simulated emergencies, and 
standard instrument approaches involving navigational facilities which 
that pilot is to be authorized to use.
    (1) For a pilot in command of an airplane, the instrument 
proficiency check must include the procedures and maneuvers for a 
commercial pilot certificate with an instrument rating and, if required, 
for the appropriate type rating.
    (2) The instrument proficiency check must be given by an authorized 
check airman or by the Administrator.
    (d) If the pilot in command is assigned to pilot only one type of 
airplane, that pilot must take the instrument proficiency check required 
by paragraph (a) of this section in that type of airplane.
    (e) If the pilot in command is assigned to pilot more than one type 
of airplane, that pilot must take the instrument proficiency check 
required by paragraph (a) of this section in each type of airplane to 
which that pilot is assigned, in rotation, but not more than one flight 
check during each period described in paragraph (a) of this section.
    (f) Portions of a required flight check may be given in an airplane 
simulator or other appropriate training device, if approved by the 
Administrator.
    (g) The Administrator or authorized check airman issues a letter of 
competency to each pilot who passes the instrument proficiency check. 
The letter of competency contains a list of the types of instrument 
approach procedures and facilities authorized.



Sec. 125.293  Crewmember: Tests and checks, grace provisions, accepted standards.

    (a) If a crewmember who is required to take a test or a flight check 
under this part completes the test or flight check in the calendar month 
before or after the calendar month in which it is required, that 
crewmember is considered to have completed the test or check in the 
calendar month in which it is required.
    (b) If a pilot being checked under this subpart fails any of the 
required maneuvers, the person giving the check may give additional 
training to the pilot during the course of the check. In addition to 
repeating the maneuvers failed, the person giving the check may require 
the pilot being checked to repeat any other maneuvers that are necessary 
to determine the pilot's proficiency. If the pilot being checked is 
unable to demonstrate satisfactory performance to the person conducting 
the check, the certificate holder may not use the pilot, nor may the 
pilot serve, in the capacity for which the

[[Page 593]]

pilot is being checked in operations under this part until the pilot has 
satisfactorily completed the check.



Sec. 125.295  Check airman authorization: Application and issue.

    Each certificate holder desiring FAA approval of a check airman 
shall submit a request in writing to the FAA Flight Standards district 
office charged with the overall inspection of the certificate holder. 
The Administrator may issue a letter of authority to each check airman 
if that airman passes the appropriate oral and flight test. The letter 
of authority lists the tests and checks in this part that the check 
airman is qualified to give, and the category, class and type airplane, 
where appropriate, for which the check airman is qualified.



Sec. 125.296  Training, testing, and checking conducted by training centers: Special rules.

    A crewmember who has successfully completed training, testing, or 
checking in accordance with an approved training program that meets the 
requirements of this part and that is conducted in accordance with an 
approved course conducted by a training center certificated under part 
142 of this chapter, is considered to meet applicable requirements of 
this part.

[Doc. No. 26933, 61 FR 34561, July 2, 1996]



Sec. 125.297  Approval of flight simulators and flight training devices.

    (a) Flight simulators and flight training devices approved by the 
Administrator may be used in training, testing, and checking required by 
this subpart.
    (b) Each flight simulator and flight training device that is used in 
training, testing, and checking required under this subpart must be used 
in accordance with an approved training course conducted by a training 
center certificated under part 142 of this chapter, or meet the 
following requirements:
    (1) It must be specifically approved for--
    (i) The certificate holder;
    (ii) The type airplane and, if applicable, the particular variation 
within type for which the check is being conducted; and
    (iii) The particular maneuver, procedure, or crewmember function 
involved.
    (2) It must maintain the performance, functional, and other 
characteristics that are required for approval.
    (3) It must be modified to conform with any modification to the 
airplane being simulated that changes the performance, functional, or 
other characteristics required for approval. Q04
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-27, 
61 FR 34561, July 2, 1996]



                      Subpart J--Flight Operations



Sec. 125.311  Flight crewmembers at controls.

    (a) Except as provided in paragraph (b) of this section, each 
required flight crewmember on flight deck duty must remain at the 
assigned duty station with seat belt fastened while the airplane is 
taking off or landing and while it is en route.
    (b) A required flight crewmember may leave the assigned duty 
station--
    (1) If the crewmember's absence is necessary for the performance of 
duties in connection with the operation of the airplane;
    (2) If the crewmember's absence is in connection with physiological 
needs; or
    (3) If the crewmember is taking a rest period and relief is 
provided--
    (i) In the case of the assigned pilot in command, by a pilot 
qualified to act as pilot in command.
    (ii) In the case of the assigned second in command, by a pilot 
qualified to act as second in command of that airplane during en route 
operations. However, the relief pilot need not meet the recent 
experience requirements of Sec. 125.285.



Sec. 125.313  Manipulation of controls when carrying passengers.

    No pilot in command may allow any person to manipulate the controls 
of an airplane while carrying passengers during flight, nor may any 
person manipulate the controls while carrying passengers during flight, 
unless that person is a qualified pilot of the certificate holder 
operating that airplane.

[[Page 594]]



Sec. 125.315  Admission to flight deck.

    (a) No person may admit any person to the flight deck of an airplane 
unless the person being admitted is--
    (1) A crewmember;
    (2) An FAA inspector or an authorized representative of the National 
Transportation Safety Board who is performing official duties; or
    (3) Any person who has the permission of the pilot in command.
    (b) No person may admit any person to the flight deck unless there 
is a seat available for the use of that person in the passenger 
compartment, except--
    (1) An FAA inspector or an authorized representative of the 
Administrator or National Transportation Safety Board who is checking or 
observing flight operations; or
    (2) A certificated airman employed by the certificate holder whose 
duties require an airman certificate.



Sec. 125.317  Inspector's credentials: Admission to pilots' compartment: Forward observer's seat.

    (a) Whenever, in performing the duties of conducting an inspection, 
an FAA inspector presents an Aviation Safety Inspector credential, FAA 
Form 110A, to the pilot in command of an airplane operated by the 
certificate holder, the inspector must be given free and uninterrupted 
access to the pilot compartment of that airplane. However, this 
paragraph does not limit the emergency authority of the pilot in command 
to exclude any person from the pilot compartment in the interest of 
safety.
    (b) A forward observer's seat on the flight deck, or forward 
passenger seat with headset or speaker, must be provided for use by the 
Administrator while conducting en route inspections. The suitability of 
the location of the seat and the headset or speaker for use in 
conducting en route inspections is determined by the Administrator.



Sec. 125.319  Emergencies.

    (a) In an emergency situation that requires immediate decision and 
action, the pilot in command may take any action considered necessary 
under the circumstances. In such a case, the pilot in command may 
deviate from prescribed operations, procedures and methods, weather 
minimums, and this chapter, to the extent required in the interests of 
safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by appropriate management personnel in the 
case of operations conducted with a flight following service and which 
is known to them, those personnel shall advise the pilot in command of 
the emergency, shall ascertain the decision of the pilot in command, and 
shall have the decision recorded. If they cannot communicate with the 
pilot, they shall declare an emergency and take any action that they 
consider necessary under the circumstances.
    (c) Whenever emergency authority is exercised, the pilot in command 
or the appropriate management personnel shall keep the appropriate 
ground radio station fully informed of the progress of the flight. The 
person declaring the emergency shall send a written report of any 
deviation, through the operator's director of operations, to the 
Administrator within 10 days, exclusive of Saturdays, Sundays, and 
Federal holidays, after the flight is completed or, in the case of 
operations outside the United States, upon return to the home base.



Sec. 125.321  Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities.

    Whenever the pilot in command encounters a meteorological condition 
or an irregularity in a ground or navigational facility in flight, the 
knowledge of which the pilot in command considers essential to the 
safety of other flights, the pilot in command shall notify an 
appropriate ground station as soon as practicable.



Sec. 125.323  Reporting mechanical irregularities.

    The pilot in command shall ensure that all mechanical irregularities 
occurring during flight are entered in the maintenance log of the 
airplane at the next place of landing. Before each flight, the pilot in 
command shall ascertain the status of each irregularity entered in the 
log at the end of the preceding flight.

[[Page 595]]



Sec. 125.325  Instrument approach procedures and IFR landing minimums.

    No person may make an instrument approach at an airport except in 
accordance with IFR weather minimums and unless the type of instrument 
approach procedure to be used is listed in the certificate holder's 
operations specifications.



Sec. 125.327  Briefing of passengers before flight.

    (a) Before each takeoff, each pilot in command of an airplane 
carrying passengers shall ensure that all passengers have been orally 
briefed on--
    (1) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited. This briefing shall include 
a statement that the Federal Aviation Regulations require passenger 
compliance with the lighted passenger information signs, posted 
placards, areas designated for safety purposes as no smoking areas, and 
crewmember instructions with regard to these items.
    (2) The use of safety belts, including instructions on how to fasten 
and unfasten the safety belts. Each passenger shall be briefed on when, 
where, and under what conditions the safety belt must be fastened about 
him or her. This briefing shall include a statement that the Federal 
Aviation Regulations require passenger compliance with lighted passenger 
information signs and crewmember instructions concerning the use of 
safety belts.
    (3) The placement of seat backs in an upright position before 
takeoff and landing;
    (4) Location and means for opening the passenger entry door and 
emergency exits;
    (5) Location of survival equipment;
    (6) If the flight involves extended overwater operation, ditching 
procedures and the use of required flotation equipment;
    (7) If the flight involves operations above 12,000 feet MSL, the 
normal and emergency use of oxygen; and
    (8) Location and operation of fire extinguishers.
    (b) Before each takeoff, the pilot in command shall ensure that each 
person who may need the assistance of another person to move 
expeditiously to an exit if an emergency occurs and that person's 
attendant, if any, has received a briefing as to the procedures to be 
followed if an evacuation occurs. This paragraph does not apply to a 
person who has been given a briefing before a previous leg of a flight 
in the same airplane.
    (c) The oral briefing required by paragraph (a) of this section 
shall be given by the pilot in command or a member of the crew. It shall 
be supplemented by printed cards for the use of each passenger 
containing--
    (1) A diagram and method of operating the emergency exits; and
    (2) Other instructions necessary for the use of emergency equipment 
on board the airplane.

Each card used under this paragraph must be carried in the airplane in 
locations convenient for the use of each passenger and must contain 
information that is appropriate to the airplane on which it is to be 
used.
    (d) The certificate holder shall describe in its manual the 
procedure to be followed in the briefing required by paragraph (a) of 
this section.
    (e) If the airplane does not proceed directly over water after 
takeoff, no part of the briefing required by paragraph (a)(6) of this 
section has to be given before takeoff but the briefing required by 
paragraph (a)(6) must be given before reaching the overwater part of the 
flight.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-17, 
57 FR 42675, Sept. 15, 1992]



Sec. 125.329  Minimum altitudes for use of autopilot.

    (a) Except as provided in paragraphs (b), (c), and (d) of this 
section, no person may use an autopilot at an altitude above the terrain 
which is less than 500 feet or less than twice the maximum altitude loss 
specified in the approved Airplane Flight Manual or equivalent for a 
malfunction of the autopilot, whichever is higher.
    (b) When using an instrument approach facility other than ILS, no 
person may use an autopilot at an altitude above the terrain that is 
less than 50 feet below the approved minimum descent altitude for that 
procedure, or

[[Page 596]]

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 Sec. 91.155 of this chapter, no 
person may use an autopilot with an approach coupler at an altitude 
above the terrain that is less than 50 feet above the terrain, or the 
maximum altitude loss specified in the approved Airplane Flight Manual 
or equivalent for the malfunction of the autopilot with approach 
coupler, whichever is higher.
    (d) Without regard to paragraph (a), (b), or (c) of this section, 
the Administrator may issue operations specifications to allow the use, 
to touchdown, of an approved flight control guidance system with 
automatic capability, if--
    (1) The system does not contain any altitude loss (above zero) 
specified in the approved Airplane Flight Manual or equivalent for 
malfunction of the autopilot with approach coupler; and
    (2) The Administrator finds that the use of the system to touchdown 
will not otherwise adversely affect the safety standards of this 
section.

[Doc. No. 19779, 45 FR 67325, Oct. 9, 1980, as amended by Amdt. 125-12, 
54 FR 34332, Aug. 18, 1989]



Sec. 125.331  Carriage of persons without compliance with the passenger-carrying provisions of this part.

    The following persons may be carried aboard an airplane without 
complying with the passenger-carrying requirements of this part:
    (a) A crewmember.
    (b) A person necessary for the safe handling of animals on the 
airplane.
    (c) A person necessary for the safe handling of hazardous materials 
(as defined in subchapter C of title 49 CFR).
    (d) A person performing duty as a security or honor guard 
accompanying a shipment made by or under the authority of the U.S. 
Government.
    (e) A military courier or a military route supervisor carried by a 
military cargo contract operator if that carriage is specifically 
authorized by the appropriate military service.
    (f) An authorized representative of the Administrator conducting an 
en route inspection.
    (g) A person authorized by the Administrator.



Sec. 125.333  Stowage of food, beverage, and passenger service equipment during airplane movement on the surface, takeoff, and landing.

    (a) No certificate holder may move an airplane on the surface, take 
off, or land when any food, beverage, or tableware furnished by the 
certificate holder is located at any passenger seat.
    (b) No certificate holder may move an airplane on the surface, take 
off, or land unless each food and beverage tray and seat back tray table 
is secured in its stowed position.
    (c) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each passenger serving cart is secured 
in its stowed position.
    (d) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]



                     Subpart K--Flight Release Rules



Sec. 125.351  Flight release authority.

    (a) No person may start a flight without authority from the person 
authorized by the certificate holder to exercise operational control 
over the flight.
    (b) No person may start a flight unless the pilot in command or the 
person authorized by the cetificate holder to exercise operational 
control over the flight has executed a flight release setting forth the 
conditions under which the flight will be conducted. The pilot in 
command may sign the flight release only when both the pilot in command 
and the person authorized to exercise operational control believe the 
flight can be made safely, unless the pilot in command is authorized by 
the certificate holder to exercise operational control and execute the 
flight release without the approval of any other person.
    (c) No person may continue a flight from an intermediate airport 
without a new flight release if the airplane has been on the ground more 
than 6 hours.

[[Page 597]]



Sec. 125.353  Facilities and services.

    During a flight, the pilot in command shall obtain any additional 
available information of meteorological conditions and irregularities of 
facilities and services that may affect the safety of the flight.



Sec. 125.355  Airplane equipment.

    No person may release an airplane unless it is airworthy and is 
equipped as prescribed.



Sec. 125.357  Communication and navigation facilities.

    No person may release an airplane over any route or route segment 
unless communication and navigation facilities equal to those required 
by Sec. 125.51 are in satisfactory operating condition.



Sec. 125.359  Flight release under VFR.

    No person may release an airplane for VFR operation unless the 
ceiling and visibility en route, as indicated by available weather 
reports or forecasts, or any combination thereof, are and will remain at 
or above applicable VFR minimums until the airplane arrives at the 
airport or airports specified in the flight release.



Sec. 125.361  Flight release under IFR or over-the-top.

    Except as provided in Sec. 125.363, no person may release an 
airplane for operations under IFR or over-the-top unless appropriate 
weather reports or forecasts, or any combination thereof, indicate that 
the weather conditions will be at or above the authorized minimums at 
the estimated time of arrival at the airport or airports to which 
released.



Sec. 125.363  Flight release over water.

    (a) No person may release an airplane for a flight that involves 
extended overwater operation unless appropriate weather reports or 
forecasts, or any combination thereof, indicate that the weather 
conditions will be at or above the authorized minimums at the estimated 
time of arrival at any airport to which released or to any required 
alternate airport.
    (b) Each certificate holder shall conduct extended overwater 
operations under IFR unless it shows that operating under IFR is not 
necessary for safety.
    (c) Each certificate holder shall conduct other overwater operations 
under IFR if the Administrator determines that operation under IFR is 
necessary for safety.
    (d) Each authorization to conduct extended overwater operations 
under VFR and each requirement to conduct other overwater operations 
under IFR will be specified in the operations specifications.



Sec. 125.365  Alternate airport for departure.

    (a) If the weather conditions at the airport of takeoff are below 
the landing minimums in the certificate holder's operations 
specifications for that airport, no person may release an airplane from 
that airport unless the flight release specifies an alternate airport 
located within the following distances from the airport of takeoff:
    (1) Airplanes having two engines. Not more than 1 hour from the 
departure airport at normal cruising speed in still air with one engine 
inoperative.
    (2) Airplanes having three or more engines. Not more than 2 hours 
from the departure airport at normal cruising speed in still air with 
one engine inoperative.
    (b) For the purposes of paragraph (a) of this section, the alternate 
airport weather conditions must meet the requirements of the certificate 
holder's operations specifications.
    (c) No person may release an airplane from an airport unless that 
person lists each required alternate airport in the flight release.



Sec. 125.367  Alternate airport for destination: IFR or over-the-top.

    (a) Except as provided in paragraph (b) of this section, each person 
releasing an airplane for operation under IFR or over-the-top shall list 
at least one alternate airport for each destination airport in the 
flight release.
    (b) An alternate airport need not be designated for IFR or over-the-
top operations where the airplane carries enough fuel to meet the 
requirements of Secs. 125.375 and 125.377 for flights outside the 48 
conterminous States and

[[Page 598]]

the District of Columbia over routes without an available alternate 
airport for a particular airport of destination.
    (c) For the purposes of paragraph (a) of this section, the weather 
requirements at the alternate airport must meet the requirements of the 
operator's operations specifications.
    (d) No person may release a flight unless that person lists each 
required alternate airport in the flight release.



Sec. 125.369  Alternate airport weather minimums.

    No person may list an airport as an alternate airport in the flight 
release unless the appropriate weather reports or forecasts, or any 
combination thereof, indicate that the weather conditions will be at or 
above the alternate weather minimums specified in the certificate 
holder's operations specifications for that airport when the flight 
arrives.



Sec. 125.371  Continuing flight in unsafe conditions.

    (a) No pilot in command may allow a flight to continue toward any 
airport to which it has been released if, in the opinion of the pilot in 
command, the flight cannot be completed safely, unless, in the opinion 
of the pilot in command, there is no safer procedure. In that event, 
continuation toward that airport is an emergency situation.



Sec. 125.373  Original flight release or amendment of flight release.

    (a) A certificate holder may specify any airport authorized for the 
type of airplane as a destination for the purpose of original release.
    (b) No person may allow a flight to continue to an airport to which 
it has been released unless the weather conditions at an alternate 
airport that was specified in the flight release are forecast to be at 
or above the alternate minimums specified in the operations 
specifications for that airport at the time the airplane would arrive at 
the alternate airport. However, the flight release may be amended en 
route to include any alternate airport that is within the fuel range of 
the airplane as specified in Sec. 125.375 or Sec. 125.377.
    (c) No person may change an original destination or alternate 
airport that is specified in the original flight release to another 
airport while the airplane is en route unless the other airport is 
authorized for that type of airplane.
    (d) Each person who amends a flight release en route shall record 
that amendment.



Sec. 125.375  Fuel supply: Nonturbine and turbopropeller-powered airplanes.

    (a) Except as provided in paragraph (b) of this section, no person 
may release for flight or take off a nonturbine or turbopropeller-
powered airplane unless, considering the wind and other weather 
conditions expected, it has enough fuel--
    (1) To fly to and land at the airport to which it is released;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the flight release; and
    (3) Thereafter, to fly for 45 minutes at normal crusing fuel 
consumption.
    (b) If the airplane is released for any flight other than from one 
point in the conterminous United States to another point in the 
conterminous United States, it must carry enough fuel to meet the 
requirements of paragraphs (a) (1) and (2) of this section and 
thereafter fly for 30 minutes plus 15 percent of the total time required 
to fly at normal cruising fuel consumption to the airports specified in 
paragraphs (a) (1) and (2) of this section, or fly for 90 minutes at 
normal cruising fuel consumption, whichever is less.
    (c) No person may release a nonturbine or turbopropeller-powered 
airplane to an airport for which an alternate is not specified under 
Sec. 125.367(b) unless it has enough fuel, considering wind and other 
weather conditions expected, to fly to that airport and thereafter to 
fly for 3 hours at normal cruising fuel consumption.



Sec. 125.377  Fuel supply: Turbine-engine-powered airplanes other than turbopropeller.

    (a) Except as provided in paragraph (b) of this section, no person 
may release for flight or takeoff a turbine-powered airplane (other than 
a turbopropeller-powered airplane) unless, considering the wind and 
other weather conditions expected, it has enough fuel--

[[Page 599]]

    (1) To fly to and land at the airport to which it is released;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the flight release; and
    (3) Thereafter, to fly for 45 minutes at normal cruising fuel 
consumption.
    (b) For any operation outside the 48 conterminous United States and 
the District of Columbia, unless authorized by the Administrator in the 
operations specifications, no person may release for flight or take off 
a turbine-engine powered airplane (other than a turbopropeller-powered 
airplane) unless, considering wind and other weather conditions 
expected, it has enough fuel--
    (1) To fly and land at the airport to which it is released;
    (2) After that, to fly for a period of 10 percent of the total time 
required to fly from the airport of departure and land at the airport to 
which it was released;
    (3) After that, to fly to and land at the most distant alternate 
airport specified in the flight release, if an alternate is required; 
and
    (4) After that, to fly for 30 minutes at holding speed at 1,500 feet 
above the alternate airport (or the destination airport if no alternate 
is required) under standard temperature conditions.
    (c) No person may release a turbine-engine-powered airplane (other 
than a turbopropeller airplane) to an airport for which an alternate is 
not specified under Sec. 125.367(b) unless it has enough fuel, 
considering wind and other weather conditions expected, to fly to that 
airport and thereafter to fly for at least 2 hours at normal cruising 
fuel consumption.
    (d) The Administrator may amend the operations specifications of a 
certificate holder to require more fuel than any of the minimums stated 
in paragraph (a) or (b) of this section if the Administrator finds that 
additional fuel is necessary on a particular route in the interest of 
safety.



Sec. 125.379  Landing weather minimums: IFR.

    (a) If the pilot in command of an airplane has not served 100 hours 
as pilot in command in the type of airplane being operated, the MDA or 
DH and visibility landing minimums in the certificate holder's 
operations specification are increased by 100 feet and one-half mile (or 
the RVR equivalent). The MDA or DH and visibility minimums need not be 
increased above those applicable to the airport when used as an 
alternate airport, but in no event may the landing minimums be less than 
a 300-foot ceiling and 1 mile of visibility.
    (b) The 100 hours of pilot-in-command experience required by 
paragraph (a) may be reduced (not to exceed 50 percent) by substituting 
one landing in operations under this part in the type of airplane for 1 
required hour of pilot-in-command experience if the pilot has at least 
100 hours as pilot in command of another type airplane in operations 
under this part.
    (c) Category II minimums, when authorized in the certificate 
holder's operations specifications, do not apply until the pilot in 
command subject to paragraph (a) of this section meets the requirements 
of that paragraph in the type of airplane the pilot is operating.



Sec. 125.381  Takeoff and landing weather minimums: IFR.

    (a) Regardless of any clearance from ATC, if the reported weather 
conditions are less than that specified in the certificate holder's 
operations specifications, no pilot may--
    (1) Take off an airplane under IFR; or
    (2) Except as provided in paragraph (c) of this section, land an 
airplane under IFR.
    (b) Except as provided in paragraph (c) of this section, no pilot 
may execute an instrument approach procedure if the latest reported 
visibility is less than the landing minimums specified in the 
certificate holder's operations specifications.
    (c) If a pilot initiates an instrument approach procedure when the 
latest weather report indicates that the specified visibility minimums 
exist, and a later weather report indicating below minimums conditions 
is received after the airplane--
    (1) Is on an ILS final approach and has passed the outer marker,
    (2) Is on final approach segment using a nonprecision approach 
procedure, or

[[Page 600]]

    (3) Is on PAR final approach and has been turned over to the final 
approach controller, the approach may be continued and a landing may be 
made if the pilot in command finds, upon reaching the authorized MAP or 
DH, that actual weather conditions are at least equal to the minimums 
prescribed in the operations specifications.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-2, 
46 FR 24409, Apr. 30, 1981]



Sec. 125.383  Load manifest.

    (a) Each certificate holder is responsible for the preparation and 
accuracy of a load manifest in duplicate containing information 
concerning the loading of the airplane. The manifest must be prepared 
before each takeoff and must include--
    (1) The number of passengers;
    (2) The total weight of the loaded airplane;
    (3) The maximum allowable takeoff and landing weights for that 
flight;
    (4) The center of gravity limits;
    (5) The center of gravity of the loaded airplane, except that the 
actual center of gravity need not be computed if the airplane is loaded 
according to a loading schedule or other approved method that ensures 
that the center of gravity of the loaded airplane is within approved 
limits. In those cases, an entry shall be made on the manifest 
indicating that the center of gravity is within limits according to a 
loading schedule or other approved method:
    (6) The registration number of the airplane;
    (7) The origin and destination ; and
    (8) Names of passengers.
    (b) The pilot in command of an airplane for which a load manifest 
must be prepared shall carry a copy of the completed load manifest in 
the airplane to its destination. The certificate holder shall keep 
copies of completed load manifests for at least 30 days at its principal 
operations base, or at another location used by it and approved by the 
Administrator.



                     Subpart L--Records and Reports



Sec. 125.401  Crewmember record.

    (a) Each certificate holder shall--
    (1) Maintain current records of each crewmember that show whether or 
not that crewmember complies with this chapter (e.g., proficiency 
checks, airplane qualifications, any required physical examinations, and 
flight time records); and
    (2) Record each action taken concerning the release from employment 
or physical or professional disqualification of any flight crewmember 
and keep the record for at least 6 months thereafter.
    (b) Each certificate holder shall maintain the records required by 
paragraph (a) of this section at its principal operations base, or at 
another location used by it and approved by the Administrator.
    (c) Computer record systems approved by the Administrator may be 
used in complying with the requirements of paragraph (a) of this 
section.



Sec. 125.403  Flight release form.

    (a) The flight release may be in any form but must contain at least 
the following information concerning each flight:
    (1) Company or organization name.
    (2) Make, model, and registration number of the airplane being used.
    (3) Date of flight.
    (4) Name and duty assignment of each crewmember.
    (5) Departure airport, destination airports, alternate airports, and 
route.
    (6) Minimum fuel supply (in gallons or pounds).
    (7) A statement of the type of operation (e.g., IFR, VFR).
    (b) The airplane flight release must contain, or have attached to 
it, weather reports, available weather forecasts, or a combination 
thereof.



Sec. 125.405  Disposition of load manifest, flight release, and flight plans.

    (a) The pilot in command of an airplane shall carry in the airplane 
to its destination the original or a signed copy of the--
    (1) Load manifest required by Sec. 125.383;
    (2) Flight release;
    (3) Airworthiness release; and
    (4) Flight plan, including route.
    (b) If a flight originates at the principal operations base of the 
certificate

[[Page 601]]

holder, it shall retain at that base a signed copy of each document 
listed in paragraph (a) of this section.
    (c) Except as provided in paragraph (d) of this section, if a flight 
originates at a place other than the principal operations base of the 
certificate holder, the pilot in command (or another person not aboard 
the airplane who is authorized by the operator) shall, before or 
immediately after departure of the flight, mail signed copies of the 
documents listed in paragraph (a) of this section to the principal 
operations base.
    (d) If a flight originates at a place other than the principal 
operations base of the certificate holder and there is at that place a 
person to manage the flight departure for the operator who does not 
depart on the airplane, signed copies of the documents listed in 
paragraph (a) of this section may be retained at that place for not more 
than 30 days before being sent to the principal operations base of the 
certificate holder. However, the documents for a particular flight need 
not be further retained at that place or be sent to the principal 
operations base, if the originals or other copies of them have been 
previously returned to the principal operations base.
    (e) The certificate holder shall:
    (1) Identify in its operations manual the person having custody of 
the copies of documents retained in accordance with paragraph (d) of 
this section; and
    (2) Retain at its principal operations base either the original or a 
copy of the records required by this section for at least 30 days.



Sec. 125.407  Maintenance log: Airplanes.

    (a) Each person who takes corrective action or defers action 
concerning a reported or observed failure or malfunction of an airframe, 
aircraft engine, propeller, or appliance shall record the action taken 
in the airplane maintenance log in accordance with part 43 of this 
chapter.
    (b) Each certificate holder shall establish a procedure for keeping 
copies of the airplane maintenance log required by this section in the 
airplane for access by appropriate personnel and shall include that 
procedure in the manual required by Sec. 125.249.



Sec. 125.409   Reports of defects or unairworthy conditions.

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect, in a form and manner prescribed 
by the Administrator.
    (b) The report must be made within 72 hours to the FAA Flight 
Standards district office in whose area the certificate holder has its 
principal operations base. The procedures to be used in complying with 
this section must be made a part of the manual procedures required by 
Sec. 125.73(f).



Sec. 125.411  Airworthiness release or maintenance record entry.

    (a) No certificate holder may operate an airplane after maintenance, 
preventive maintenance, or alteration is performed on the airplane 
unless the person performing that maintenance, preventive maintenance, 
or alteration prepares or causes to be prepared--
    (1) An airworthiness release; or
    (2) An entry in the aircraft maintenance records in accordance with 
the certificate holder's manual.
    (b) The airworthiness release or maintenance record entry required 
by paragraph (a) of this section must--
    (1) Be prepared in accordance with the procedures set forth in the 
certificate holder's manual;
    (2) Include a certification that--
    (i) The work was performed in accordance with the requirements of 
the certificate holder's manual;
    (ii) All items required to be inspected were inspected by an 
authorized person who determined that the work was satisfactorily 
completed;
    (iii) No known condition exists that would make the airplane 
unairworthy; and
    (iv) So far as the work performed is concerned, the airplane is in 
condition for safe operation; and
    (3) Be signed by a person authorized in part 43 of this chapter to 
perform maintenance, preventive maintenance, and alteration.
    (c) When an airworthiness release form is prepared, the certificate 
holder must give a copy to the pilot in command and keep a record of it 
for at least 60 days.

[[Page 602]]

    (d) Instead of restating each of the conditions of the certification 
required by paragraph (b) of this section, the certificate holder may 
state in its manual that the signature of a person authorized in part 43 
of this chapter constitutes that certification.

         Appendix A to Part 125--Additional Emergency Equipment

    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more that 6 
feet from the ground with the airplane on the ground and the landing 
gear extended must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings. However, if the 
Administrator finds that the design of the exit makes compliance 
impractical, the Administrator may grant a deviation from the 
requirement of automatic deployment if the assisting means automatically 
erects upon deployment and, with respect to required emergency exits, if 
an emergency evacuation demonstration is conducted in accordance with 
Sec. 125.189. This paragraph does not apply to the rear window emergency 
exit of DC-3 airplanes operated with less than 36 occupants, including 
crewmembers, and less than five exits authorized for passenger use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and means of 
opening must be conspicuously marked. The identity and location of each 
passenger emergency exit must be recognizable from a distance equal to 
the width of the cabin. The location of each passenger emergency exit 
must be indicated by a sign visible to occupants approaching along the 
main passenger aisle. There must be a locating sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 25.812(b) of this chapter in effect on April 30, 
1972. On these airplanes, no sign may continue to be used if its 
luminescence (brightness) decreases to below 100 microlamberts. The 
colors may be reversed if it increases the emergency illumination of the 
passenger compartment. However, the Administrator may authorize 
deviation from the 2-inch background requirements if the Administrator 
finds that special circumstances exist that make compliance impractical 
and that the proposed deviation provides an equivalent level of safety.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
interior emergency exit marking requirements under which the airplane 
was type certificated. On these airplanes, no sign may continue to be 
used if its luminescence (brightness) decreases to below 250 
microlamberts.
    (c) Lighting for interior emergency exit markings. Each passenger-
carrying airplane must have an emergency lighting system, independent of 
the main lighting system. However, sources of general cabin illumination 
may be common to both the emergency and the main lighting systems if the 
power supply to the emergency lighting system is independent of the 
power supply to the main lighting system. The emergency lighting system 
must--
    (1) Illuminate each passenger exit marking and locating sign; and
    (2) Provide enough general lighting in the passenger cabin so that 
the average illumination, when measured at 40-inch intervals at seat 
armrest height, on the centerline of the main passenger aisle, is at 
least 0.05 foot-candles.
    (d) Emergency light operation. Except for lights forming part of 
emergency lighting subsystems provided in compliance with Sec. 25.812(g) 
of this chapter (as prescribed in paragraph (h) of this section) that 
serve no more than one assist means, are independent of the airplane's 
main emergency lighting systems, and are automatically activated when 
the assist means is deployed, each light required by paragraphs (c) and 
(h) must comply with the following:
    (1) Each light must be operable manually and must operate 
automatically from the independent lighting system--

[[Page 603]]

    (i) In a crash landing; or
    (ii) Whenever the airplane's normal electric power to the light is 
interrupted.
    (2) Each light must--
    (i) Be operable manually from the flightcrew station and from a 
point in the passenger compartment that is readily accessible to a 
normal flight attendant seat;
    (ii) Have a means to prevent inadvertent operation of the manual 
controls; and
    (iii) When armed or turned on at either station, remain lighted or 
become lighted upon interruption of the airplane's normal electric 
power.
    Each light must be armed or turned on during taxiing, takeoff, and 
landing. In showing compliance with this paragraph, a transverse 
vertical separation of the fuselage need not be considered.
    (3) Each light must provide the required level of illumination for 
at least 10 minutes at the critical ambient conditions after emergency 
landing.
    (e) Emergency exit operating handles.
    (1) For a passenger-carrying airplane for which the application for 
the type certificate was filed prior to May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown by a marking on or near the exit that is 
readable from a distance of 30 inches. In addition, for each Type I and 
Type II emergency exit with a locking mechanism released by rotary 
motion of the handle, the instructions for opening must be shown by--
    (i) A red arrow with a shaft at least \3/4\ inch wide and a head 
twice the width of the shaft, extending along at least 70 degrees of arc 
at a radius approximately equal to \3/4\ of the handle length; and
    (ii) The word ``open'' in red letters 1 inch high placed 
horizontally near the head of the arrow.
    (2) For a passenger-carrying airplane for which the application for 
the type certificate was filed on or after May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown in accordance with the requirements under 
which the airplane was type certificated. On these airplanes, no 
operating handle or operating handle cover may continue to be used if 
its luminescence (brightness) decreases to below 100 microlamberts.
    (f) Emergency exit access. Access to emergency exits must be 
provided as follows for each passenger-carrying airplane:
    (1) Each passageway between individual passenger areas, or leading 
to a Type I or Type II emergency exit, must be unobstructed and at least 
20 inches wide.
    (2) There must be enough space next to each Type I or Type II 
emergency exit to allow a crewmember to assist in the evacuation of 
passengers without reducing the unobstructed width of the passageway 
below that required in paragraph (f)(1) of this section. However, the 
Administrator may authorize deviation from this requirement for an 
airplane certificated under the provisions of part 4b of the Civil Air 
Regulations in effect before December 20, 1951, if the Administrator 
finds that special circumstances exist that provide an equivalent level 
of safety.
    (3) There must be access from the main aisle to each Type III and 
Type IV exit. The access from the aisle to these exits must not be 
obstructed by seats, berths, or other protrusions in a manner that would 
reduce the effectiveness of the exit. In addition--
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the access must meet the 
requirements of Sec. 25.813(c) of this chapter in effect on April 30, 
1972; and
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the access must meet the 
emergency exit access requirements under which the airplane was 
certificated.
    (4) If it is necessary to pass through a passageway between 
passenger compartments to reach any required emergency exit from any 
seat in the passenger cabin, the passageway must not be obstructed. 
However, curtains may be used if they allow free entry through the 
passageway.
    (5) No door may be installed in any partition between passenger 
compartments.
    (6) If it is necessary to pass through a doorway separating the 
passenger cabin from other areas to reach any required emergency exit 
from any passenger seat, the door must have a means to latch it in open 
position, and the door must be latched open during each takeoff and 
landing. The latching means must be able to withstand the loads imposed 
upon it when the door is subjected to the ultimate interia forces, 
relative to the surrounding structure, listed in Sec. 25.561(b) of this 
chapter.
    (g) Exterior exit markings. Each passenger emergency exit and the 
means of opening that exit from the outside must be marked on the 
outside of the airplane. There must be a 2-inch colored band outlining 
each passenger emergency exit on the side of the fuselage. Each outside 
marking, including the band, must be readily distinguishable from the 
surrounding fuselage area by contrast in color. The markings must comply 
with the following:
    (1) If the reflectance of the darker color is 15 percent or less, 
the reflectance of the lighter color must be at least 45 percent. 
``Reflectance'' is the ratio of the luminous flux reflected by a body to 
the luminous flux it receives.
    (2) If the reflectance of the darker color is greater than 15 
percent, at least a 30 percent difference between its reflectance and 
the reflectance of the lighter color must be provided.

[[Page 604]]

    (3) Exits that are not in the side of the fuselage must have the 
external means of opening and applicable instructions marked 
conspicuously in red or, if red is inconspicuous against the background 
color, in bright chrome yellow and, when the opening means for such an 
exit is located on only one side of the fuselage, a conspicuous marking 
to that effect must be provided on the other side.
    (h) Exterior emergency lighting and escape route.
    (1) Each passenger-carrying airplane must be equipped with exterior 
lighting that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.812(f) and (g) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the exterior emergency 
lighting requirements under which the airplane was type certificated.
    (2) Each passenger-carrying airplane must be equipped with a slip-
resistant escape route that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.803(e) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the slip-resistant escape 
route requirements under which the airplane was type certificated.
    (i) Floor level exits. Each floor level door or exit in the side of 
the fuselage (other than those leading into a cargo or baggage 
compartment that is not accessible from the passenger cabin) that is 44 
or more inches high and 20 or more inches wide, but not wider than 46 
inches, each passenger ventral exit (except the ventral exits on M-404 
and CV-240 airplanes) and each tail cone exit must meet the requirements 
of this section for floor level emergency exits. However, the 
Administrator may grant a deviation from this paragraph if the 
Administrator finds that circumstances make full compliance impractical 
and that an acceptable level of safety has been achieved.
    (j) Additional emergency exits. Approved emergency exits in the 
passenger compartments that are in excess of the minimum number of 
required emergency exits must meet all of the applicable provisions of 
this section except paragraph (f), (1), (2), and (3) and must be readily 
accessible.
    (k) On each large passenger-carrying turbojet-powered airplane, each 
ventral exit and tailcone exit must be--
    (1) Designed and constructed so that it cannot be opened during 
flight; and
    (2) Marked with a placard readable from a distance of 30 inches and 
installed at a conspicuous location near the means of opening the exit, 
stating that the exit has been designed and constructed so that it 
cannot be opened during flight.

    Appendix B to Part 125--Criteria for Demonstration of Emergency 
                Evacuation Procedures Under Sec. 125.189

    (a) Aborted takeoff demonstration.
    (1) The demonstration must be conducted either during the dark of 
the night or during daylight with the dark of the night simulated. If 
the demonstration is conducted indoors during daylight hours, it must be 
conducted with each window covered and each door closed to minimize the 
daylight effect. Illumination on the floor or ground may be used, but it 
must be kept low and shielded against shining into the airplane's 
windows or doors.
    (2) The airplane must be in a normal ground attitude with landing 
gear extended.
    (3) Stands or ramps may be used for descent from the wing to the 
ground. Safety equipment such as mats or inverted life rafts may be 
placed on the ground to protect participants. No other equipment that is 
not part of the airplane's emergency evacuation equipment may be used to 
aid the participants in reaching the ground.
    (4) The airplane's normal electric power sources must be 
deenergized.
    (5) All emergency equipment for the type of passenger-carrying 
operation involved must be installed in accordance with the certificate 
holder's manual.
    (6) Each external door and exit and each internal door or curtain 
must be in position to simulate a normal takeoff.
    (7) A representative passenger load of persons in normal health must 
be used. At least 30 percent must be females. At least 5 percent must be 
over 60 years of age with a proportionate number of females. At least 5 
percent, but not more than 10 percent, must be children under 12 years 
of age, prorated through that age group. Three life-size dolls, not 
included as part of the total passenger load, must be carried by 
passengers to simulate live infants 2 years old or younger. Crewmembers, 
mechanics, and training personnel who maintain or operate the airplane 
in the normal course of their duties may not be used as passengers.
    (8) No passenger may be assigned a specific seat except as the 
Administrator may require. Except as required by item (12) of this 
paragraph, no employee of the certificate holder may be seated next to 
an emergency exit.
    (9) Seat belts and shoulder harnesses (as required) must be 
fastened.
    (10) Before the start of the demonstration, approximately one-half 
of the total average

[[Page 605]]

amount of carry-on baggage, blankets, pillows, and other similar 
articles must be distributed at several locations in the aisles and 
emergency exit access ways to create minor obstructions.
    (11) The seating density and arrangement of the airplane must be 
representative of the highest capacity passenger version of that 
airplane the certificate holder operates or proposes to operate.
    (12) Each crewmember must be a member of a regularly scheduled line 
crew, must be seated in that crewmember's normally assigned seat for 
takeoff, and must remain in that seat until the signal for commencement 
of the demonstration is received.
    (13) No crewmember or passenger may be given prior knowledge of the 
emergency exits available for the demonstration.
    (14) The certificate holder may not practice, rehearse, or describe 
the demonstration for the participants nor may any participant have 
taken part in this type of demonstration within the preceding 6 months.
    (15) The pretakeoff passenger briefing required by Sec. 125.327 may 
be given in accordance with the certificate holder's manual. The 
passengers may also be warned to follow directions of crewmembers, but 
may not be instructed on the procedures to be followed in the 
demonstration.
    (16) If safety equipment as allowed by item (3) of this section is 
provided, either all passenger and cockpit windows must be blacked out 
or all of the emergency exits must have safety equipment to prevent 
disclosure of the available emergency exits.
    (17) Not more than 50 percent of the emergency exits in the sides of 
the fuselage of an airplane that meet all of the requirements applicable 
to the required emergency exits for that airplane may be used for the 
demonstration. Exits that are not to be used in the demonstration must 
have the exit handle deactivated or must be indicated by red lights, red 
tape or other acceptable means, placed outside the exits to indicate 
fire or other reason that they are unusable. The exits to be used must 
be representative of all of the emergency exits on the airplane and must 
be designated by the certificate holder, subject to approval by the 
Administrator. At least one floor level exit must be used.
    (18) All evacuees, except those using an over-the-wing exit, must 
leave the airplane by a means provided as part of the airplane's 
equipment.
    (19) The certificate holder's approved procedures and all of the 
emergency equipment that is normally available, including slides, ropes, 
lights, and megaphones, must be fully utilized during the demonstration.
    (20) The evacuation time period is completed when the last occupant 
has evacuated the airplane and is on the ground. Evacuees using stands 
or ramps allowed by item (3) above are considered to be on the ground 
when they are on the stand or ramp: Provided, That the acceptance rate 
of the stand or ramp is no greater than the acceptance rate of the means 
available on the airplane for descent from the wing during an actual 
crash situation.
    (b) Ditching demonstration. The demonstration must assume that 
daylight hours exist outside the airplane and that all required 
crewmembers are available for the demonstration.
    (1) If the certificate holder's manual requires the use of 
passengers to assist in the launching of liferafts, the needed 
passengers must be aboard the airplane and participate in the 
demonstration according to the manual.
    (2) A stand must be placed at each emergency exit and wing with the 
top of the platform at a height simulating the water level of the 
airplane following a ditching.
    (3) After the ditching signal has been received, each evacuee must 
don a life vest according to the certificate holder's manual.
    (4) Each liferaft must be launched and inflated according to the 
certificate holder's manual and all other required emergency equipment 
must be placed in rafts.
    (5) Each evacuee must enter a liferaft and the crewmembers assigned 
to each liferaft must indicate the location of emergency equipment 
aboard the raft and describe its use.
    (6) Either the airplane, a mockup of the airplane, or a floating 
device simulating a passenger compartment must be used.
    (i) If a mockup of the airplane is used, it must be a life-size 
mockup of the interior and representative of the airplane currently used 
by or proposed to be used by the certificate holder and must contain 
adequate seats for use of the evacuees. Operation of the emergency exits 
and the doors must closely simulate that on the airplane. Sufficient 
wing area must be installed outside the over-the-wing exits to 
demonstrate the evacuation.
    (ii) If a floating device simulating a passenger compartment is 
used, it must be representative, to the extent possible, of the 
passenger compartment of the airplane used in operations. Operation of 
the emergency exits and the doors must closely simulate operation on 
that airplane. Sufficient wing area must be installed outside the over-
the-wing exits to demonstrate the evacuation. The device must be 
equipped with the same survival equipment as is installed on the 
airplane, to accommodate all persons participating in the demonstration.

                 Appendix C to Part 125--Ice Protection

    If certification with ice protection provisions is desired, 
compliance with the following must be shown:

[[Page 606]]

    (a) The recommended procedures for the use of the ice protection 
equipment must be set forth in the Airplane Flight Manual.
    (b) An analysis must be performed to establish, on the basis of the 
airplane's operational needs, the adequacy of the ice protection system 
for the various components of the airplane. In addition, tests of the 
ice protection system must be conducted to demonstrate that the airplane 
is capable of operating safely in continuous maximum and intermittent 
maximum icing conditions as described in appendix C of part 25 of this 
chapter.
    (c) Compliance with all or portions of this section may be 
accomplished by reference, where applicable because of similarity of the 
designs, to analyses and tests performed by the applicant for a type 
certificated model.

                         Appendix D to Part 125--Airplane Flight Recorder Specification                         
----------------------------------------------------------------------------------------------------------------
                                                        Accuracy sensor                                         
           Parameters                    Range           input to DFDR     Sampling interval    Resolution \4\  
                                                            readout          (per second)          read out     
----------------------------------------------------------------------------------------------------------------
Time (GMT or Frame Counter)       24 Hrs............  0.125%  0.25 (1 per 4       1 sec.            
 (range 0 to 4095, sampled 1 per                       Per Hour.           seconds).                            
 frame).                                                                                                        
Altitude........................  -1,000 ft to max    100 to  1.................  5 to 35 \1\       
                                   certificated        700                                          
                                   altitude of         ft (See Table 1,                                         
                                   aircraft.           TSO-C51a).                                               
Airspeed........................  50 KIAS to Vso,     5%,     1.................  1 kt.             
                                   and Vso to 1.2 VD.  3%.                                          
Heading.........................  360...............  2.....  1.................  0.5               
Normal Acceleration (Vertical)..  -3g to +6g........  1% of   8.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  75....  2.....  1.................  0.5.              
Roll Attitude...................  180...  2.....  1.................  0.5.              
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  ..................
Thrust/Power on Each Engine.....  Full range forward  2%....  1.................  0.2% \2\          
Trailing Edge Flap or Cockpit     Full range or each  3 or    0.5...............  0.5% \2\          
 Control Selection.                discrete position.  as pilot's                                               
                                                       Indicator.                                               
Leading Edge Flap or Cockpit      Full range or each  3 or    0.5...............  0.5% \2\          
 Control Selection.                discrete position.  as pilot's                                               
                                                       indicator.                                               
Thrust Reverser Position........  Stowed, in          ..................  1 (per 4 seconds    ..................
                                   transit, and                            per engine).                         
                                   reverse                                                                      
                                   (Discrete).                                                                  
Ground Spoiler Position/Speed     Full range or each  2%      1.................  0.2% \2\.         
 Brake Selection.                  discrete position.  unless higher                                            
                                                       accuracy uniquely                                        
                                                       required.                                                
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g....  1.5%    4.................  0.01g             
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pilot Input and/or Surface        Full range........  2       1.................  0.2% \2\.         
 Position-Primary Controls                             unless higher                                            
 (Pitch, Roll, Yaw) \3\.                               accuracy uniquely                                        
                                                       required.                                                
Lateral Acceleration............  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Trim Position.............  Full range........  3%      1.................  0.3% \2\          
                                                       unless higher                                            
                                                       accuracy uniquely                                        
                                                       required.                                                
Glideslope Deviation............  400     3%....  1.................  0.3% \2\          
                                   Microamps.                                                                   
Localizer Deviation.............  400     3%....  1.................  0.3% \2\.         
                                   Microamps.                                                                   
AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft    ..................  1 ft + 5% \2\     
                                                       or 3%                       above 500'.      
                                                       Whichever is                                             
                                                       Greater Below 500                                        
                                                       Ft and 5% Above                                           
                                                       500 Ft.                                                  
Master Warning..................  Discrete..........  ..................  1.................  ..................
Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................
Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% \2\.         
 directly).                                                                                                     
Outside Air Temperature or Total  -50C to +90C......  2C....  0.5...............  0.3C              
 Air Temperature.                                                                                               
Hydraulics, Each System Low       Discrete..........  ..................  0.5...............  or 0.5% \2\.      
 Pressure.                                                                                                      
Groundspeed.....................  As Installed......  Most Accurate       1.................  0.2% \2\.         
                                                       Systems Installed                                        
                                                       (IMS Equipped                                            
                                                       Aircraft Only).                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------

[[Page 607]]

                                                                                                                
    If additional recording capacity is available, recording of the following parameters is recommended. The    
                                 parameters are listed in order of significance:                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Drift Angle.....................  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Wind Speed and Direction........  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Latitude and Longitude..........  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Brake pressure/Brake pedal        As installed......  As installed......  1.................  ..................
 position.                                                                                                      
Additional engine parameters:                                                                                   
    EPR.........................  As installed......  As installed......  1 (per engine)....  ..................
    N 1.........................  As installed......  As installed......  1 (per engine)....  ..................
    N 2.........................  As installed......  As installed......  1 (per engine)....  ..................
    EGT.........................  As installed......  As installed......  1 (per engine)....  ..................
Throttle Lever Position.........  As installed......  As installed......  1 (per engine)....  ..................
Fuel Flow.......................  As installed......  As installed......  1 (per engine)....  ..................
TCAS:                                                                                                           
    TA..........................  As installed......  As installed......  1.................  ..................
    RA..........................  As installed......  As installed......  1.................  ..................
    Sensitivity level (as         As installed......  As installed......  2.................  ..................
     selected by crew).                                                                                         
GPWS (ground proximity warning    Discrete..........  ..................  1.................  ..................
 system).                                                                                                       
Landing gear or gear selector     Discrete..........  ..................  0.25 (1 per 4       ..................
 position.                                                                 seconds).                            
DME 1 and 2 Distance............  0-200 NM;.........  As installed......  0.25..............  1 mi.             
Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............  ..................
----------------------------------------------------------------------------------------------------------------
\1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the    
  derivation of altitude to 5 feet.                                                                             
\2\ Percent of full range.                                                                                      
\3\ For airplanes that can demonstrate the capability of deriving either the control input on control movement  
  (one from the other) for all modes of operation and flight regimes, the ``or'' applies. For airplanes with non-
  mechanical control systems (fly-by-wire) the ``and'' applies. In airplanes with split surfaces, suitable      
  combination of inputs is acceptable in lieu of recording each surface separately.                             
\4\ This column applies to aircraft manufactured after October 11, 1991.                                        

[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]



PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE--Table of Contents




           Special Federal Aviation Regulation No. 38-2 [Note]

Sec.
129.1  Applicability.
129.11  Operations specifications.
129.13  Airworthiness and registration certificates.
129.14  Maintenance program and minimum equiupment list requirements for 
          U.S.-registered aircraft.
129.15  Flight crewmember certificates.
129.17  Radio equipment.
129.18  Traffic Alert and Collision Avoidance System.
129.19  Air traffic rules and procedures.
129.21  Control of traffic.
129.23  Transport category cargo service airplanes: Increased zero fuel 
          and landing weights.
129.25  Airplane security.
129.26  Use of X-ray system.
129.27  Prohibition against carriage of weapons.
129.29  Prohibition against smoking.

Appendix A to Part 129--Application for Operations Specifications by 
          Foreign Air Carriers

    Authority: 49 U.S.C. 106(g), 40104-40105, 40113, 40119, 44701-44702, 
44712, 44716-44717, 44722, 44901-44904, 44906.

    Source: Docket No. 1994, 29 FR 1720, Feb. 5, 1964, unless otherwise 
noted.

              Special Federal Aviation Regulation No. 38-2

    Editorial Note: For the text of SFAR No. 38-2, see part 121 of this 
chapter.

[[Page 608]]



Sec. 129.1  Applicability.

    (a) Except as provided in paragraph (b) of this section, this part 
prescribes rules governing the operation within the United States of 
each foreign air carrier holding a permit issued by the Civil 
Aeronautics Board or the Department of Transportation under section 402 
of the Federal Aviation Act of 1958 (49 U.S.C. 1372) or other 
appropriate economic or exemption authority issued by the Civil 
Aeronautics Board or the Department of Transportation.
    (b) Section 129.14 also applies to U.S.-registered aircraft operated 
in common carriage by a foreign person or foreign air carrier solely 
outside the United States. For the purpose of this part, a foreign 
person is any person, not a citizen for the United States, who operates 
a U.S.-registered aircraft in common carriage solely outside the United 
States.

[Doc. No. 24856, 52 FR 20029, May. 28, 1987]



Sec. 129.11   Operations specifications.

    (a) Each foreign air carrier shall conduct its operations within the 
United States in accordance with operations specifications issued by the 
Administrator under this part and in accordance with the Standards and 
Recommended Practices contained in part I (International Commercial Air 
Transport) of Annex 6 (Operation of Aircraft) to the Convention on 
International Civil Aviation Organization. Operations specifications 
shall include:
    (1) Airports to be used;
    (2) Routes or airways to be flown, and
    (3) Such operations rules and practices as are necessary to prevent 
collisions between foreign aircraft and other aircraft.
    (4) Registration marketings of each U.S.-registered aircraft.
    (b) An application for the issue or amendment of operations 
specifications must be submitted in duplicate, at least 30 days before 
beginning operations in the United States, to the Flight Standards 
District Office in the area where the applicant's principal business 
office is located or to the Regional Flight Standards Division Manager 
having jurisdiction over the area to be served by the operations. If a 
military airport of the United States is to be used as a regular, 
alternate, refueling, or provisional airport, the applicant must obtain 
written permission to do so from the Washington Headquarters of the 
military organization concerned and submit two copies of that written 
permission with his application. Detailed requirements governing 
applications for the issue or amendment of operations specifications are 
contained in Appendix A.
    (c) No person operating under this part may operate or list on its 
operations specifications any airplane listed on operations 
specifications issued under part 125.

[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-14, 52 
FR 20029, May. 28, 1987; Amdt. 129-19, 54 FR 39294, Sept. 25, 1989; 54 
FR 51972, Dec. 19, 1989]



Sec. 129.13   Airworthiness and registration certificates.

    (a) No foreign air carrier may operate any aircraft within the 
United States unless that aircraft carries current registration and 
airworthiness certificates issued or validated by the country of 
registry and displays the nationality and registration markings of that 
country.
    (b) No foreign air carrier may operate a foreign aircraft within the 
United States except in accordance with the limitations on maximum 
certificated weights prescribed for that aircraft and that operation by 
the country of manufacture of the aircraft.



Sec. 129.14  Maintenance program and minimum equipment list requirements for U.S.-registered aircraft.

    (a) Each foreign air carrier and each foreign person operating a 
U.S.-registered aircraft within or outside the United States in common 
carriage shall ensure that each aircraft is maintained in accordance 
with a program approved by the Administrator.
    (b) No foreign air carrier or foreign person may operate a U.S.-
registered aircraft with inoperable instruments or equipment unless the 
following conditions are met:
    (1) A master minimum equipment list exists for the aircraft type.

[[Page 609]]

    (2) The foreign operator submits for review and approval its 
aircraft minimum equipment list based on the master minimum equipment 
list, to the FAA Flight Standards District Office having geographic 
responsibility for the operator. The foreign operator must show, before 
minimum equipment list approval can be obtained, that the maintenance 
procedures used under its maintenance program are adequate to support 
the use of its minimum equipment list.
    (3) For leased aircraft maintained and operated under a U.S. 
operator's continuous airworthiness maintenance program and FAA-approved 
minimum equipment list, the foreign operator submits the U.S. operator's 
approved continuous airworthiness maintenance program and approved 
aircraft minimum equipment list to the FAA office prescribed in 
paragraph (b)(2) of this section for review and evaluation. The foreign 
operator must show that it is capable of operating under the lessor's 
approved maintenance program and that it is also capable of meeting the 
maintenance and operational requirements specified in the lessor's 
approved minimum equipment list.
    (4) The FAA letter of authorization permitting the operator to use 
an approved minimum equipment list is carried aboard the aircraft. The 
minimum equipment list and the letter of authorization constitute a 
supplemental type certificate for the aircraft.
    (5) The approved minimum equipment list provides for the operation 
of the aircraft with certain instruments and equipment in an inoperable 
condition.
    (6) The aircraft records available to the pilot must include an 
entry describing the inoperable instruments and equipment.
    (7) The aircraft is operated under all applicable conditions and 
limitations contained in the minimum equipment list and the letter 
authorizing the use of the list.

[Doc. No. 24856, 52 FR 20029, May 28, 1987]



Sec. 129.15   Flight crewmember certificates.

    No person may act as a flight crewmember unless he holds a current 
certificate or license issued or validated by the country in which that 
aircraft is registered, showing his ability to perform his duties 
connected with operating that aircraft.

[Doc. No. 7084, 30 FR 16074, Dec. 24, 1965]



Sec. 129.17   Radio equipment.

    (a) Subject to the applicable laws and regulations governing 
ownership and operation of radio equipment, each foreign air carrier 
shall equip its aircraft with such radio equipment as is necessary to 
properly use the air navigation facilities, and to maintain 
communications with ground stations, along or adjacent to their routes 
in the United States.
    (b) Whenever VOR navigational equipment is required by paragraph (a) 
of this section, at least one distance measuring equipment unit (DME), 
capable of receiving and indicating distance information from the VORTAC 
facilities to be used, must be installed on each airplane when operated 
at or above 24,000 feet MSL within the 50 states, and the District of 
Columbia.

[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-2, 30 
FR 10288, Aug. 19, 1965, Amdt. 129-7, 41 FR 47230, Oct. 30, 1976]



Sec. 129.18  Traffic Alert and Collision Avoidance System.

    (a) After December 30, 1993, no foreign air carrier may operate in 
the United States a turbine powered airplane that has a maximum 
passenger seating configuration, excluding any pilot seat, of more than 
30 seats unless it is equipped with--
    (1) A TCAS II traffic alert and collision avoidance system capable 
of coordinating with TCAS units that meet the specifications of TSO C-
119, and
    (2) The appropriate class of Mode S transponder.
    (b) Unless otherwise authorized by the Administrator, after December 
31, 1995, no foreign air carrier may operate in the United States a 
turbine powered airplane that has a passenger seat configuration, 
excluding any pilot seat, of 10 to 30 seats unless it is equipped with 
an approved traffic alert and collision avoidance system. If a TCAS II 
system

[[Page 610]]

is installed, it must be capable of coordinating with TCAS units that 
meet TSO C-119.

[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt. 129-21, 
55 FR 13247, Apr. 9, 1990; Amdt. 129-24, 59 FR 67587, Dec. 29, 1994]



Sec. 129.19   Air traffic rules and procedures.

    (a) Each pilot must be familiar with the applicable rules, the 
navigational and communications facilities, and the air traffic control 
and other procedures, of the areas to be traversed by him within the 
United States.
    (b) Each foreign air carrier shall establish procedures to assure 
that each of its pilots has the knowledge required by paragraph (a) of 
this section and shall check the ability of each of its pilots to 
operate safely according to applicable rules and procedures.
    (c) Each foreign air carrier shall conform to the practices, 
procedures, and other requirements prescribed by the Administrator for 
U.S. air carriers for the areas to be operated in.



Sec. 129.21   Control of traffic.

    (a) Subject to applicable immigration laws and regulations, each 
foreign air carrier shall furnish the ground personnel necessary to 
provide for two-way voice communication between its aircraft and ground 
stations, at places where the Administrator finds that voice 
communication is necessary and that communications cannot be maintained 
in a language with which ground station operators are familiar.
    (b) Each person furnished by a foreign air carrier under paragraph 
(a) of this section must be able to speak both English and the language 
necessary to maintain communications with the aircraft concerned, and 
shall assist ground personnel in directing traffic.



Sec. 129.23   Transport category cargo service airplanes: Increased zero fuel and landing weights.

    (a) Notwithstanding the applicable structural provisions of the 
transport category airworthiness regulations, but subject to paragraphs 
(b) through (g) of this section, a foreign air carrier may operate (for 
cargo service only) any of the following transport category airplanes 
(certificated under part 4b of the Civil Air Regulations effective 
before March 13, 1956) at increased zero fuel and landing weights--
    (1) DC-6A, DC-6B, DC-7B, and DC-7C; and
    (2) L-1049 B, C, D, E, F, G, and H, and the L-1649A when modified in 
accordance with supplemental type certificate SA 4-1402.
    (b) The zero fuel weight (maximum weight of the airplane with no 
disposable fuel and oil) and the structural landing weight may be 
increased beyond the maximum approved in full compliance with applicable 
rules only if the Administrator finds that--
    (1) The increase is not likely to reduce seriously the structural 
strength;
    (2) The probability of sudden fatigue failure is not noticeably 
increased;
    (3) The flutter, deformation, and vibration characteristics do not 
fall below those required by applicable regulations; and
    (4) All other applicable weight limitations will be met.
    (c) No zero fuel weight may be increased by more than five percent, 
and the increase in the structural landing weight may not exceed the 
amount, in pounds, of the increase in zero fuel weight.
    (d) Each airplane must be inspected in accordance with the approved 
special inspection procedures, for operations at increased weights, 
established and issued by the manufacturer of the type of airplane.
    (e) A foreign air carrier may not operate an airplane under this 
section unless the country of registry requires the airplane to be 
operated in accordance with the passenger-carrying transport category 
performance operating limitations in part 121 or the equivalent.
    (f) The Airplane Flight Manual for each airplane operated under this 
section must be appropriately revised to include the operating 
limitations and information needed for operation at the increased 
weights.
    (g) Each airplane operated at an increased weight under this section 
must, before it is used in passenger service, be inspected under the 
special inspection procedures for return to passenger service 
established and issued

[[Page 611]]

by the manufacturer and approved by the Administrator.

[Doc. No. 6403, 29 FR 19098, Dec. 30, 1964]



Sec. 129.25  Airplane security.

    (a) The following are definitions of terms used in this section:
    (1) Approved security program means a security program required by 
part 108 of this title approved by the Administrator.
    (2) Certificate holder means a person holding an FAA air carrier 
operating certificate or operating certificate when that person engages 
in scheduled passenger or public charter operations, or both.
    (3) Passenger seating configuration means the total number of seats 
for which the aircraft is type certificated that can be made available 
for passenger use aboard a flight and includes that seat in certain 
airplanes which may be used by a representative of the Administrator to 
conduct flight checks but is available for revenue purposes on other 
occasions.
    (4) Private charter means any charter for which the charterer 
engages the total capacity of an airplane for the carriage only of:
    (i) Passengers in civil or military air movements conducted under 
contract with the Government of the United States or the Government of a 
foreign country; or
    (ii) Passengers invited by the charterer, the cost of which is borne 
entirely by the charterer and not directly or indirectly by the 
individual passengers.
    (5) Public charter means any charter that is not a private charter.
    (6) Scheduled passenger operations means holding out to the public 
of air transportation service for passengers from identified air 
terminals at a set time announced by timetable or schedule published in 
a newspaper, magazine, or other advertising medium.
    (7) Sterile area means an area to which access is controlled by the 
inspection of persons and property in accordance with an approved 
security program or a security program used in accordance with 
Sec. 129.25.
    (b) Each foreign air carrier landing or taking off in the United 
States shall adopt and use a security program, for each scheduled and 
public charter passenger operation, that meets the requirements of--
    (1) Paragraph (c) of this section for each operation with an 
airplane having a passenger seating configuration of more than 60 seats;
    (2) Paragraph (c) of this section for each operation that will 
provide deplaned passengers access, that is not controlled by a 
certificate holder using an approved security program or a foreign air 
carrier using a security program required by this section, to a sterile 
area;
    (3) Paragraph (c) of this section for each operation with an 
airplane having a passenger seating configuration of more than 30 seats 
but less than 61 seats for which the FAA has notified the foreign air 
carrier that a threat exists; and
    (4) Paragraph (d) of this section for each operation with an 
airplane having a passenger seating configuration of more than 30 seats 
but less than 61 seats, when the the Director of Civil Aviation Security 
or a designate of the Director has not notified the foreign air carrier 
in writing that a threat exists with respect to that operation.
    (c) Each security program required by paragraph (b) (1), (2), or (3) 
of this section shall be designed to--
    (1) Prevent or deter the carriage aboard airplanes of any explosive, 
incendiary device or a deadly or dangerous weapon on or about each 
individual's person or accessible property, except as provided in 
Sec. 129.27 of this part, through screening by weapon-detecting 
procedures or facilities;
    (2) Prohibit unauthorized access to airplanes;
    (3) Ensure that baggage is accepted by a responsible agent of the 
foreign air carrier; and
    (4) Prevent cargo and checked baggage from being loaded aboard its 
airplanes unless handled in accordance with the foreign air carrier's 
security procedures.
    (d) Each security program required by paragraph (b)(4) of this 
section shall include the procedures used to comply with the applicable 
requirements of paragraphs (h)(2) and (i) of this section regarding law 
enforcement officers.

[[Page 612]]

    (e) Each foreign air carrier required to adopt and use a security 
program pursuant to paragraph (b) of this section shall have a security 
program acceptable to the Administrator. A foreign air carrier's 
security program is acceptable only if the Administrator finds that the 
security program provides passengers a level of protection similar to 
the level of protection provided by U.S. air carriers serving the same 
airports. Foreign air carriers shall employ procedures equivalent to 
those required of U.S. air carriers serving the same airport if the 
Administrator determines that such procedures are necessary to provide 
passengers a similar level of protection. The following procedures apply 
for acceptance of a security program by the Administrator:
    (1) Unless otherwise authorized by the Administrator, each foreign 
air carrier required to have a security program by paragraph (b) of this 
section shall submit its program to the Administrator at least 90 days 
before the intended date of passenger operations. The proposed security 
program must be in English unless the Administrator requests that the 
proposed program be submitted in the official language of the foreign 
air carrier's country. The Administrator will notify the foreign air 
carrier of the security program's acceptability, or the need to modify 
the proposed security program for it to be acceptable under this part, 
within 30 days after receiving the proposed security program. The 
foreign air carrier may petition the Administrator to reconsider the 
notice to modify the security program within 30 days after receiving a 
notice to modify.
    (2) In the case of a security program previously found to be 
acceptable pursuant to this section, the Administrator may subsequently 
amend the security program in the interest of safety in air 
transportation or in air commerce and in the public interest within a 
specified period of time. In making such an amendment, the following 
procedures apply:
    (i) The Administrator notifies the foreign air carrier, in writing, 
of a proposed amendment, fixing a period of not less than 45 days within 
which the foreign air carrier may submit written information, views, and 
arguments on the proposed amendment.
    (ii) At the end of the comment period, after considering all 
relevant material, the Administrator notifies the foreign air carrier of 
any amendment to be adopted and the effective date, or rescinds the 
notice of proposed amendment. The foreign air carrier may petition the 
Administrator to reconsider the amendment, in which case the effective 
date of the amendment is stayed until the Administrator reconsiders the 
matter.
    (3) If the Administrator finds that there is an emergency requiring 
immediate action with respect to safety in air transportation or in air 
commerce that makes the procedures in paragraph (e)(2) of this section 
impractical or contrary to the public interest, the Administrator may 
issue an amendment to the foreign air carrier security program, 
effective without stay on the date the foreign air carrier receives 
notice of it. In such a case, the Administrator incorporates in the 
notice of amendment the finding and a brief statement of the reasons for 
the amendment.
    (4) A foreign air carrier may submit a request to the Administrator 
to amend its security program. The requested amendment must be filed 
with the Administrator at least 45 days before the date the foreign 
carrier proposes that the amendment would become effective, unless a 
shorter period is allowed by the Administrator. Within 30 days after 
receiving the requested amendment, the Administrator will notify the 
foreign air carrier whether the amendment is acceptable. The foreign air 
carrier may petition the Administrator to reconsider a notice of 
unacceptability of the requested amendment within 45 days after 
receiving notice of unacceptability.
    (5) Each foreign air carrier required to use a security program by 
paragraph (b) of this section shall, upon request of the Administrator 
and in accordance with the applicable law, provide information regarding 
the implementation and operation of its security program.
    (f) No foreign air carrier may land or take off an airplane in the 
United States, in passenger operations, after receiving a bomb or air 
piracy threat

[[Page 613]]

against that airplane, unless the following actions are taken:
    (1) If the airplane is on the ground when a bomb threat is received 
and the next scheduled flight of the threatened airplane is to or from a 
place in the United States, the foreign air carrier ensures that the 
pilot in command is advised to submit the airplane immediately for a 
security inspection and an inspection of the airplane is conducted 
before the next flight.
    (2) If the airplane is in flight to a place in the United States 
when a bomb threat is received, the foreign air carrier ensures that the 
pilot in command is advised immediately to take the emergency action 
necessary under the circumstances and a security inspection of the 
airplane is conducted immediately after the next landing.
    (3) If information is received of a bomb or air piracy threat 
against an airplane engaged in an operation specified in paragraph 
(f)(1) or (f)(2) of this section, the foreign air carrier ensures that 
notification of the threat is given to the appropriate authorities of 
the State in whose territory the airplane is located or, if in flight, 
the appropriate authorities of the State in whose territory the airplane 
is to land.
    (g) Each foreign air carrier conducting an operation for which a 
security program is required by paragraph (b) (1), (2), or (3) of this 
section shall refuse to transport--
    (1) Any person who does not consent to a search of his or her person 
in accordance with the security program; and
    (2) Any property of any person who does not consent to a search or 
inspection of that property in accordance with the security program.
    (h) At airports within the United States not governed by part 107 of 
this chapter, each foreign air carrier engaging in public charter 
passenger operations shall--
    (1) When using a screening system required by paragraph (b) of this 
section, provide for law enforcement officers meeting the qualifications 
and standards, and in the number and manner, specified in part 107; and
    (2) When using an airplane having a passenger seating configuration 
of more than 30 but less than 61 seats for which a screening system is 
not required by paragraph (b) of this section, arrange for law 
enforcement officers meeting the qualifications and standards specified 
in part 107 to be available to respond to an incident and provide to 
appropriate employees, including crewmembers, current information with 
respect to procedures for obtaining law enforcement assistance at that 
airport.
    (i) At airports governed by part 107 of this chapter, each foreign 
air carrier engaging in scheduled passenger operations or public charter 
passenger operations when using an airplane with a passenger seating 
configuration of more than 30 but less than 61 seats for which a 
screening system is not required by paragraph (b) of this section shall 
arrange for law enforcement officers meeting the qualifications and 
standards specified in part 107 to be available to respond to an 
incident and provide to appropriate employees, including crewmembers, 
current information with respect to procedures for obtaining law 
enforcement assistance at that airport.
    (j) Unless otherwise authorized by the Administrator, each foreign 
air carrier required to conduct screening under this part shall use 
procedures, facilities, and equipment for detecting explosives, 
incendiaries, and deadly or dangerous weapons to inspect each person 
entering a sterile area at each preboarding screening checkpoint in the 
United States for which it is responsible, and to inspect all accessible 
property under that person's control.

[Doc. No. 108, 46 FR 3790, Jan. 15, 1981; 46 FR 7936, Jan. 26, 1981, as 
amended by Amdt. 129-16, 52 FR 48509, Dec. 22, 1987; Amdt. 129-18, 54 FR 
11121, Mar. 16, 1989; Amdt.129-22, 56 FR 30126, July 1, 1991]



Sec. 129.26   Use of X-ray system.

    (a) No foreign air carrier may use an X-ray system in the United 
States to inspect carry-on and checked articles unless:
    (1) For a system manufactured prior to April 25, 1974, it meets 
either the guidelines issued by the Food and Drug Administration (FDA), 
Department of Health, Education, and Welfare and published in the 
Federal Register (38

[[Page 614]]

FR 21442, August 8, 1973); or the performance standards for cabinet X-
ray systems designed primarily for the inspection of carry-on baggage 
issued by the FDA and published in 21 CFR 1020.40 (39 FR 12985, April 
10, 1974);
    (2) For a system manufactured after April 24, 1974, it meets the 
standards for cabinet X-ray systems designed primarily for the 
inspection of carry-on baggage issued by the FDA and published in 21 CFR 
1020.40 (39 FR 12985, April 10, 1974);
    (3) A program for initial and recurrent training of operators of the 
system has been established, which includes training in radiation 
safety, the efficient use of X-ray systems, and the identification of 
weapons and other dangerous articles;
    (4) Procedures have been established to ensure that such operator of 
the system will be provided with an individual personnel dosimeter (such 
as a film badge or thermoluminescent dosimeter). Each dosimeter used 
will be evaluated at the end of each calendar month, and records of 
operator duty time and the results of dosimeter evaluations will be 
maintained by the foreign air carrier; and
    (5) The system meets the imaging requirements set forth in an 
accepted Foreign Air Carrier Security Program using the step wedge 
specified in American Society for Testing and Materials Standard F792-
82.
    (b) No foreign air carrier may use an X-ray system as specified in 
paragraph (a) of this section--
    (1) Unless within the preceding 12 calendar months a radiation 
survey has been conducted which shows that the system meets the 
applicable performance standards in 21 CFR 1020.40 or guidelines 
published by the Food and Drug Administration in the Federal Register of 
August 8, 1973 (38 FR 21442);
    (2) After the system is initially installed or after it has been 
moved from one location to another, unless a radiation survey is 
conducted which shows that the system meets the applicable performance 
standards in 21 CFR 1020.40 or guidelines published by the Food and Drug 
Administration in the Federal Register on August 8, 1973 (38 FR 21442); 
except that a radiation survey is not required for an X-ray system that 
is moved to another location, if the foreign air carrier shows that the 
system is so designed that it can be moved without altering its 
performance:
    (3) That is not in full compliance with any defect notice or 
modification order issued for that system by the Food and Drug 
Administration, Department of Health, Education, and Welfare, unless 
that Administration has advised the FAA that the defect or failure to 
comply is not such as to create a significant risk or injury, including 
genetic injury, to any person; and
    (4) Unless a sign is posted in a conspicuous place at the screening 
station and on the X-ray system which notifies passengers that carry-on 
and checked articles are being inspected by an X-ray system and advises 
them to remove all X-ray, scientific, and high-speed film from their 
carry-on and checked articles before inspection. This sign shall also 
advise passengers that they may request an inspection to be made of 
their photographic equipment and film packages without exposure to an X-
ray system. If the X-ray system exposes any carry-on or checked articles 
to more than 1 milliroentgen during the inspection, the foreign air 
carrier shall post a sign which advises passengers to remove film of all 
kinds from their articles before inspection. If requested by passengers, 
their photographic equipment and film packages shall be inspected 
without exposure to an X-ray system.
    (c) Each foreign air carrier shall maintain at least one copy of the 
results of the most recent radiation survey conducted under paragraph 
(b)(1) or (b)(2) of this section at the place where the X-ray system is 
in operation and shall make it available for inspection upon request by 
the Administrator.
    (d) The American Society for Testing and Materials Standard F792-82, 
``Design and Use of Ionizing Radiation Equipment for the Detection of 
Items Prohibited in Controlled Access Areas,'' described in this section 
is incorporated by reference herein and made a part hereof pursuant to 5 
U.S.C. 552(a)(1). All persons affected by these amendments may obtain 
copies of the

[[Page 615]]

standard from the American Society for Testing and Materials, 1916 Race 
Street, Philadelphia, PA 19103. In addition, a copy of the standard may 
be examined at the FAA Rules Docket, Docket No. 24115, 800 Independence 
Avenue SW., Washington, DC, weekdays, except Federal holidays, between 
8:30 a.m. and 5 p.m.

[Doc. No. 15286, 41 FR 30106, July 22, 1976, as amended by Amdt. 129-8, 
43 FR 11978, Mar. 23, 1978; Amdt. 129-10, 44 FR 54467, Sept. 20, 1979; 
Amdt. 129-13, 50 FR 25657, June 20, 1985; Amdt. 129-23, 56 FR 48374, 
Sept. 24, 1991]



Sec. 129.27   Prohibition against carriage of weapons.

    (a) No person may, while on board an aircraft being operated by a 
foreign air carrier in the United States, carry on or about his person a 
deadly or dangerous weapon, either concealed or unconcealed. This 
paragraph does not apply to--
    (1) Officials or employees of the state of registry of the aircraft 
who are authorized by that state to carry arms; and
    (2) Crewmembers and other persons authorized by the foreign air 
carrier to carry arms.
    (b) No foreign air carrier may knowingly permit any passenger to 
carry, nor may any passenger carry, while aboard an aircraft being 
operated in the United States by that carrier, in checked baggage, a 
deadly or dangerous weapon, unless:
    (1) The passenger has notified the foreign air carrier before 
checking the baggage that the weapon is in the baggage; and
    (2) The baggage is carried in an area inaccessible to passengers.

[Doc. No. 15286, 41 FR 30107, July 22, 1976]



Sec. 129.29  Prohibition against smoking.

    No person may smoke and no operator shall permit smoking in the 
passenger cabin or lavatory during any scheduled airline flight segment 
in air transportation or intrastate air transportation which is:
    (a) Between any two points within Puerto Rico, the United States 
Virgin Islands, the District of Columbia, or any State of the United 
States (other than Alaska or Hawaii) or between any two points in any 
one of the above-mentioned jurisdictions (other than Alaska or Hawaii);
    (b) Within the State of Alaska or within the State of Hawaii; or
    (c) Scheduled in the current Worldwide or North American Edition of 
the Official Airline Guide for 6 hours or less in duration and between 
any point listed in paragraph (a) of this section and any point in 
Alaska or Hawaii, or between any point in Alaska and any point in 
Hawaii.

[Doc. No. 25590, 55 FR 8367, Mar. 7, 1990]

  Appendix A to Part 129--Application for Operations Specifications by 
                          Foreign Air Carriers

    (a) General. Each application must be executed by an authorized 
officer or employee of the applicant having knowledge of the matter set 
forth therein, and must have attached thereto two copies of the 
appropriate written authority issued to that officer or employee by the 
applicant. Negotiations for permission to use airports under U.S. 
military jurisdiction is effected through the respective embassy of the 
foreign government and the United States Department of State.
    (b) Format of application. The following outline must be followed in 
completing the information to be submitted in the application.

      Application for Foreign Air Carrier Operations Specifications

                                (outline)

    In accordance with the Federal Aviation Act of 1958 (49 U.S.C. 1372) 
and part 129 of the Federal Air Regulations, application is hereby made 
for the issuance of Foreign Operations Specifications.
    Give exact name and full post office address of applicant.
    Give the name, title, and post office address (within the United 
States if possible) of the official or employee to whom correspondence 
in regard to the application is to be addressed.
    Unless otherwise specified, the applicant must submit the following 
information only with respect to those parts of his proposed operations 
that will be conducted within the United States.
    Section I. Operations. State whether the operation proposed is day 
or night, visual flight rules, instrument flight rules, or a particular 
combination thereof.
    Sec. II. Operational plans. State the route by which entry will be 
made into the United States, and the route to be flown therein.
    Sec. III. A. Route. Submit a map suitable for aerial navigation upon 
which is indicated the exact geographical track of the proposed

[[Page 616]]

route from the last point of foreign departure to the United States 
terminal, showing the regular terminal, and alternate airports, and 
radio navigational facilities. This material will be indicated in a 
manner that will facilitate identification. The applicant may use any 
method that will clearly distinguish the information, such as different 
colors, different types of lines, etc. For example, if different colors 
are used, the identification will be accomplished as follows:
    1. Regular route: Black.
    2. Regular terminal airport: Green circle.
    3. Alternate airports: Orange circle.
    4. The location of radio navigational facilities which will be used 
in connection with the proposed operation, indicating the type of 
facility to be used, such as radio range ADF, VOR, etc.
    B. Airports. Submit the following information with regard to each 
regular terminal and alternate to be used in the conduct of the proposed 
operation:
    1. Name of airport or landing area.
    2. Location (direction distance to and name of nearest city or 
town).
    Sec. IV. Radio facilities: Communications. List all ground radio 
communication facilities to be used by the applicant in the conduct of 
the proposed operations within the United States and over that portion 
of the route between the last point of foreign departure and the United 
States.
    Sec. V. Aircraft. Submit the following information in regard to each 
type and model aircraft to be used.
    A. Aircraft.
    1. Manufacturer and model number.
    2. State of origin.
    3. Single-engine or multiengine. If multiengine, indicate number of 
engines.
    4. What is the maximum takeoff and landing weight to be used for 
each type of aircraft?
    5. Registration markings of each U.S.-registered aircraft.
    B. Aircraft Radio. List aircraft radio equipment necessary for 
instrument operation within the United States.
    C. Licensing. State name of country by whom aircraft are 
certificated.
    Sec. VI. Airmen. List the following information with respect to 
airmen to be employed in the proposed operation within the United 
States.
    A. State the type and class of certificate held by each flight 
crewmember.
    B. State whether or not pilot personnel have received training in 
the use of navigational facilities necessary for en route operation and 
instrument letdowns along or adjacent to the route to be flown within 
the United States.
    C. State whether or not personnel are familiar with those parts of 
the Federal Air Regulations pertaining to the conduct of foreign air 
carrier operations within the United States.
    D. State whether pilot personnel are able to speak and understand 
the English language to a degree necessary to enable them to properly 
communicate with Airport Traffic Control Towers and Airway Radio 
Communication Stations using radiotelephone communications.
    Sec. VII. Dispatchers.
    A. Describe briefly the dispatch organization which you propose to 
set up for air carrier operations within the United States.
    B. State whether or not the dispatching personnel are familiar with 
the rules and regulations prescribed by the Federal Air Regulations 
governing air carrier operations.
    C. Are dispatching personnel able to read and write the English 
language to a degree necessary to properly dispatch flights within the 
United States?
    D. Are dispatching personnel certificated by the country of origin?
    Sec. VIII. Additional Data.
    A. Furnish such additional information and substantiating data as 
may serve to expedite the issuance of the operations specifications.
    B. Each application shall be concluded with a statement as follows:
    I certify that the above statements are true.
    Signed this ------ day of ------ 19----
------------------------ (Name of Applicant)____________________________
By______________________________________________________________________
(Name of person duly authorized to execute this application on behalf of 
the applicant.)

[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-14, 52 
FR 20029, May. 28, 1987; Amdt. 129-19, 54 FR 39294, Sept. 25, 1989; 54 
FR 51972, Dec. 19, 1989]



PART 133--ROTORCRAFT EXTERNAL-LOAD OPERATIONS--Table of Contents




                        Subpart A--Applicability

Sec.
133.1  Applicability.

                     Subpart B--Certification Rules

133.11  Certificate required.
133.13  Duration of certificate.
133.14  Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.
133.15  Application for certificate issuance or renewal.
133.17  Requirements for issuance of a rotorcraft external-load operator 
          certificate.
133.19  Rotorcraft.
133.21  Personnel.
133.23  Knowledge and skill.
133.25  Amendment of certificate.

[[Page 617]]

133.27  Availability, transfer, and surrender of certificate.

           Subpart C--Operating Rules and Related Requirements

133.31  Emergency operations.
133.33  Operating rules.
133.35  Carriage of persons.
133.37  Crewmember training, currency, and testing requirements.
133.39  Inspection authority.

                  Subpart D--Airworthiness Requirements

133.41  Flight characteristics requirements.
133.43  Structures and design.
133.45  Operating limitations.
133.47  Rotorcraft-load combination flight manual.
133.49  Markings and placards.
133.51  Airworthiness certification.

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702.

    Source: Docket No. 1529, 29 FR 603, Jan. 24, 1964, unless otherwise 
noted.



                        Subpart A--Applicability



Sec. 133.1   Applicability.

    This part prescribes--
    (a) Airworthiness certification rules for rotorcraft used in; and
    (b) Operating and certification rules governing the conduct of 
rotorcraft external-load operations in the United States by any person.
    (c) The certification rules of this part do not apply to--
    (1) Rotorcraft manufacturers when developing external-load attaching 
means;
    (2) Rotorcraft manufacturers demonstrating compliance of equipment 
utilized under this part or appropriate portions of part 27 or 29 of 
this chapter;
    (3) Operations conducted by a person demonstrating compliance for 
the issuance of a certificate or authorization under this part;
    (4) Training flights conducted in preparation for the demonstration 
of compliance with this part; or
    (5) A Federal, State, or local government conducting operations with 
public aircraft.
    (d) For the purpose of this part, a person other than a crewmember 
or a person who is essential and directly connected with the external-
load operation may be carried only in approved Class D rotorcraft-load 
combinations.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-9, 
51 FR 40707, Nov. 7, 1986]



                     Subpart B--Certification Rules



Sec. 133.11   Certificate required.

    (a) No person subject to this part may conduct rotorcraft external-
load operations within the United States without, or in violation of the 
terms of, a Rotorcraft External-Load Operator Certificate issued by the 
Administrator under Sec. 133.17.
    (b) No person holding a Rotorcraft External-Load Operator 
Certificate may conduct rotorcraft external-load operations subject to 
this part under a business name that is not on that certificate.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-7, 
42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707, Nov. 7, 1986]



Sec. 133.13   Duration of certificate.

    Unless sooner surrendered, suspended, or revoked, a Rotorcraft 
External-Load Operator Certificate expires at the end of the twenty-
fourth month after the month in which it is issued or renewed.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-7, 
42 FR 32531, June 27, 1977; Amdt. 133-9, 51 FR 40707, Nov. 7, 1986]



Sec. 133.14   Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

    If the holder of a certificate issued under this part permits any 
aircraft owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.

[Doc. No. 12035, 38 FR 17493, July 2, 1973, as amended by Amdt. 133-10, 
54 FR 34332, Aug. 18, 1989]



Sec. 133.15  Application for certificate issuance or renewal.

    Application for an original certificate or renewal of a certificate 
issued under this part is made on a form, and

[[Page 618]]

in a manner, prescribed by the Administrator. The form may be obtained 
from an FAA Flight Standards District Office. The completed application 
is sent to the district office that has jurisdiction over the area in 
which the applicant's home base of operation is located.

[Doc. No. 15176, 42 FR 24198, May 12, 1977, as amended by Amdt. 133-11, 
54 FR 39294, Sept. 25, 1989]



Sec. 133.17   Requirements for issuance of a rotorcraft external-load operator certificate.

    If an applicant shows that he complies with Secs. 133.19, 133.21, 
and 133.23, the Administrator issues a Rotorcraft External-Load Operator 
Certificate to him with an authorization to operate specified rotorcraft 
with those classes of rotorcraft-load combinations for which he complies 
with the applicable provisions of subpart D of this part.



Sec. 133.19   Rotorcraft.

    (a) The applicant must have the exclusive use of at least one 
rotorcraft that--
    (1) Was type certificated under, and meets the requirements of, part 
27 or 29 of this chapter (but not necessarily with external-load-
carrying attaching means installed) or of Sec. 21.25 of this chapter for 
the special purpose of rotorcraft external-load operations;
    (2) Complies with the certification provisions in subpart D of this 
part that apply to the rotorcraft-load combinations for which 
authorization is requested; and
    (3) Has a valid standard or restricted category airworthiness 
certificate.
    (b) For the purposes of paragraph (a) of this section, a person has 
exclusive use of a rotorcraft if he has the sole possession, control, 
and use of it for flight, as owner, or has a written agreement 
(including arrangements for the performance of required maintenance) 
giving him that possession, control, and use for at least six 
consecutive months.

[Doc. No. 15176, 42 FR 24198, May 12, 1977]



Sec. 133.21  Personnel.

    (a) The applicant must hold, or have available the services of at 
least one person who holds, a current commercial or airline transport 
pilot certificate, with a rating appropriate for the rotorcraft 
prescribed in Sec. 133.19, issued by the Administrator.
    (b) The applicant must designate one pilot, who may be the 
applicant, as chief pilot for rotorcraft external-load operations. The 
applicant also may designate qualified pilots as assistant chief pilots 
to perform the functions of the chief pilot when the chief pilot is not 
readily available. The chief pilot and assistant chief pilots must be 
acceptable to the Administrator and each must hold a current Commercial 
or Airline Transport Pilot Certificate, with a rating appropriate for 
the rotorcraft prescribed in Sec. 133.19.
    (c) The holder of a Rotorcraft External-Load Operator Certificate 
shall report any change in designation of chief pilot or assistant chief 
pilot immediately to the FAA certificate-holding office. The new chief 
pilot must be designated and must comply with Sec. 133.23 within 30 days 
or the operator may not conduct further operations under the Rotorcraft 
External-Load Operator Certificate unless otherwise authorized by the 
FAA certificate-holding office.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40707, Nov. 7, 1986]



Sec. 133.23   Knowledge and skill.

    (a) Except as provided in paragraph (d) of this section, the 
applicant, or the chief pilot designated in accordance with 
Sec. 133.21(b), must demonstrate to the Administrator satisfactory 
knowledge and skill regarding rotorcraft external-load operations as set 
forth in paragraphs (b) and (c) of this section.
    (b) The test of knowledge (which may be oral or written, at the 
option of the applicant) covers the following subjects:
    (1) Steps to be taken before starting operations, including a survey 
of the flight area.
    (2) Proper method of loading, rigging, or attaching the external 
load.
    (3) Performance capabilities, under approved operating procedures 
and limitations, of the rotorcraft to be used.
    (4) Proper instructions of flight crew and ground workers.

[[Page 619]]

    (5) Appropriate rotorcraft-load combination flight manual.
    (c) The test of skill requires appropriate maneuvers for each class 
requested. The appropriate maneuvers for each load class must be 
demonstrated in the rotorcraft prescribed in Sec. 133.19.
    (1) Takeoffs and landings.
    (2) Demonstration of directional control while hovering.
    (3) Acceleration from a hover.
    (4) Flight at operational airspeeds.
    (5) Approaches to landing or working area.
    (6) Maneuvering the external load into the release position.
    (7) Demonstration of winch operation, if a winch is installed to 
hoist the external load.
    (d) Compliance with paragraphs (b) and (c) of this section need not 
be shown if the Administrator finds, on the basis of the applicant's (or 
his designated chief pilot's) previous experience and safety record in 
rotorcraft external-load operations, that his knowledge and skill are 
adequate.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40707, Nov. 7, 1986]



Sec. 133.25   Amendment of certificate.

    (a) The holder of a Rotorcraft External-Load Certificate may apply 
to the FAA Flight Standards District Office having jurisdiction over the 
area in which the applicant's home base of operation is located, or to 
the Flight Standards District Office nearest the area in which 
operations are to be conducted, for an amendment of the applicant's 
certificate, to add or delete a rotorcraft-load combination 
authorization, by executing the appropriate portion of the form used in 
applying for a Rotorcraft External-Load Operator Certificate. If the 
applicant for the amendment shows compliance with Secs. 133.19, and 
133.49, the Flight Standards District Office issues an amended 
Rotorcraft External-Load Operator Certificate to the applicant with 
authorization to operate with those classes of rotorcraft-load 
combinations for which the applicant complies with the applicable 
provisions of subpart D of this part.
    (b) The holder of a rotorcraft external-load certificate may apply 
for an amendment to add or delete a rotorcraft authorization by 
submitting to the certificate-holding FAA Flight Standards District 
Office a new list of rotorcraft, by registration number, with the 
classes of rotorcraft-load combinations for which authorization is 
requested.

[Doc. No. 18434, 43 FR 52206, Nov. 9, 1978, as amended by Amdt. 133-9, 
51 FR 40707, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989]



Sec. 133.27   Availability, transfer, and surrender of certificate.

    (a) Each holder of a rotorcraft external-load operator certificate 
shall keep that certificate and a list of authorized rotorcraft at the 
home base of operations and shall make it available for inspection by 
the Administrator upon request.
    (b) Each person conducting a rotorcraft external-load operation 
shall carry a facsimile of the Rotorcraft External-Load Operator 
Certificate in each rotorcraft used in the operation.
    (c) If the Administrator suspends or revokes a Rotorcraft External-
Load Operator Certificate, the holder of that certificate shall return 
it to the Administrator. If the certificate holder, for any other 
reason, discontinues operations under his certificate, and does not 
resume operations within two years, he shall return the certificate to 
the FAA Flight Standards District Office having jurisdiction over the 
area in which his home base of operations is located.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40708, Nov. 7, 1986; Amdt. 133-11, 54 FR 39294, Sept. 25, 1989]



           Subpart C--Operating Rules and Related Requirements



Sec. 133.31  Emergency operations.

    (a) In an emergency involving the safety of persons or property, the 
certificate holder may deviate from the rules of this part to the extent 
required to meet that emergency.
    (b) Each person who, under the authority of this section, deviates 
from a

[[Page 620]]

rule of this part shall notify the Administrator within 10 days after 
the deviation. Upon the request of the Administrator, that person shall 
provide the certificate-holding FAA Flight Standards District Office a 
complete report of the aircraft operation involved, including a 
description of the deviation and reasons for it.

[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as amended by Amdt. 133-11, 
54 FR 39294, Sept. 25, 1989]



Sec. 133.33  Operating rules.

    (a) No person may conduct a rotorcraft external-load operation 
without, or contrary to, the Rotorcraft-Load Combination Flight Manual 
prescribed in Sec. 133.47.
    (b) No person may conduct a rotorcraft external-load operation 
unless--
    (1) The rotorcraft complies with Sec. 133.19; and
    (2) The rotorcraft and rotorcraft-load combination is authorized 
under the Rotorcraft External-Load Operator Certificate.
    (c) Before a person may operate a rotorcraft with an external-load 
configuration that differs substantially from any that person has 
previously carried with that type of rotorcraft (whether or not the 
rotorcraft-load combination is of the same class), that person must 
conduct, in a manner that will not endanger persons or property on the 
surface, such of the following flight-operational checks as the 
Administrator determines are appropriate to the rotorcraft-load 
combination:
    (1) A determination that the weight of the rotorcraft-load 
combination and the location of its center of gravity are within 
approved limits, that the external load is securely fastened, and that 
the external load does not interfere with devices provided for its 
emergency release.
    (2) Make an initial liftoff and verify that controllability is 
satisfactory.
    (3) While hovering, verify that directional control is adequate.
    (4) Accelerate into forward flight to verify that no attitude 
(whether of the rotorcraft or of the external load) is encountered in 
which the rotorcraft is uncontrollable or which is otherwise hazardous.
    (5) In forward flight, check for hazardous oscillations of the 
external load, but if the external load is not visible to the pilot, 
other crewmembers or ground personnel may make this check and signal the 
pilot.
    (6) Increase the forward airspeed and determine an operational 
airspeed at which no hazardous oscillation or hazardous aerodynamic 
turbulence is encountered.
    (d) Notwithstanding the provisions of part 91 of this chapter, the 
holder of a Rotorcraft External-Load Operator Certificate may conduct 
(in rotorcraft type certificated under and meeting the requirements of 
part 27 or 29 of this chapter, including the external-load attaching 
means) rotorcraft external-load operations over congested areas if those 
operations are conducted without hazard to persons or property on the 
surface and comply with the following:
    (1) The operator must develop a plan for each complete operation, 
coordinate this plan with the FAA Flight Standards District Office 
having jurisdiction over the area in which the operation will be 
conducted, and obtain approval for the operation from that district 
office. The plan must include an agreement with the appropriate 
political subdivision that local officials will exclude unauthorized 
persons from the area in which the operation will be conducted, 
coordination with air traffic control, if necessary, and a detailed 
chart depicting the flight routes and altitudes.
    (2) Each flight must be conducted at an altitude, and on a route, 
that will allow a jettisonable external load to be released, and the 
rotorcraft landed, in an emergency without hazard to persons or property 
on the surface.
    (e) Notwithstanding the provisions of part 91 of this chapter, and 
except as provided in Sec. 133.45(d), the holder of a Rotorcraft 
External-Load Operator Certificate may conduct external-load operations, 
including approaches, departures, and load positioning maneuvers 
necessary for the operation, below 500 feet above the surface and closer 
than 500 feet to persons, vessels, vehicles, and structures, if the 
operations are conducted without creating a hazard to persons or 
property on the surface.

[[Page 621]]

    (f) No person may conduct rotorcraft external-load operations under 
IFR unless specifically approved by the Administrator. However, under no 
circumstances may a person be carried as part of the external-load under 
IFR.

[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as amended by Amdt. 133-11, 
54 FR 39294, Sept. 25, 1989]



Sec. 133.35  Carriage of persons.

    (a) No certificate holder may allow a person to be carried during 
rotorcraft external-load operations unless that person--
    (1) Is a flight crewmember;
    (2) Is a flight crewmember trainee;
    (3) Performs an essential function in connection with the external-
load operation; or
    (4) Is necessary to accomplish the work activity directly associated 
with that operation.
    (b) The pilot in command shall ensure that all persons are briefed 
before takeoff on all pertinent procedures to be followed (including 
normal, abnormal, and emergency procedures) and equipment to be used 
during the external-load operation.

[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]



Sec. 133.37  Crewmember training, currency, and testing requirements.

    (a) No certificate holder may use, nor may any person serve, as a 
pilot in operations conducted under this part unless that person--
    (1) Has successfully demonstrated, to the Administrator knowledge 
and skill with respect to the rotorcraft-load combination in accordance 
with Sec. 133.23 (in the case of a pilot other than the chief pilot or 
an assistant chief pilot who has been designated in accordance with 
Sec. 133.21(b), this demonstration may be made to the chief pilot or 
assistant chief pilot); and
    (2) Has in his or her personal possession a letter of competency or 
an appropriate logbook entry indicating compliance with paragraph (a)(1) 
of this section.
    (b) No certificate holder may use, nor may any person serve as, a 
crewmember or other operations personnel in Class D operations conducted 
under this part unless, within the preceding 12 calendar months, that 
person has successfully completed either an approved initial or a 
recurrent training program.
    (c) Notwithstanding the provisions of paragraph (b) of this section, 
a person who has performed a rotorcraft external-load operation of the 
same class and in an aircraft of the same type within the past 12 
calendar months need not undergo recurrent training.

[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]



Sec. 133.39   Inspection authority.

    Each person conducting an operation under this part shall allow the 
Administrator to make any inspections or tests that he considers 
necessary to determine compliance with the Federal Aviation Regulations 
and the Rotorcraft External-Load Operator Certificate.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964. Redesignated by Amdt. 133-9, 
51 FR 40708, Nov. 7, 1986]



                  Subpart D--Airworthiness Requirements



Sec. 133.41   Flight characteristics requirements.

    (a) The applicant must demonstrate to the Administrator, by 
performing the operational flight checks prescribed in paragraphs (b), 
(c), and (d) of this section, as applicable, that the rotorcraft-load 
combination has satisfactory flight characteristics, unless these 
operational flight checks have been demonstrated previously and the 
rotorcraft-load combination flight characteristics were satisfactory. 
For the purposes of this demonstration, the external-load weight 
(including the external-load attaching means) is the maximum weight for 
which authorization is requested.
    (b) Class A rotorcraft-load combinations: The operational flight 
check must consist of at least the following maneuvers:
    (1) Take off and landing.
    (2) Demonstration of adequate directional control while hovering.
    (3) Acceleration from a hover.
    (4) Horizontal flight at airspeeds up to the maximum airspeed for 
which authorization is requested.

[[Page 622]]

    (c) Class B and D rotorcraft-load combinations: The operational 
flight check must consist of at least the following maneuvers:
    (1) Pickup of the external load.
    (2) Demonstration of adequate directional control while hovering.
    (3) Acceleration from a hover.
    (4) Horizontal flight at airspeeds up to the maximum airspeed for 
which authorization is requested.
    (5) Demonstrating appropriate lifting device operation.
    (6) Maneuvering of the external load into release position and its 
release, under probable flight operation conditions, by means of each of 
the quick-release controls installed on the rotorcraft.
    (d) Class C rotorcraft-load combinations: For Class C rotorcraft-
load combinations used in wire-stringing, cable-laying, or similar 
operations, the operational flight check must consist of the maneuvers, 
as applicable, prescribed in paragraph (c) of this section.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-5, 41 
FR 55475, Dec. 20, 1976; Amdt. 133-9, 51 FR 40709, Nov. 7, 1986]



Sec. 133.43   Structures and design.

    (a) External-load attaching means. Each external-load attaching 
means must have been approved under--
    (1) Part 8 of the Civil Air Regulations on or before January 17, 
1964;
    (2) Part 133, before February 1, 1977;
    (3) Part 27 or 29 of this chapter, as applicable, irrespective of 
the date of approval; or
    (4) Section 21.25 of this chapter.
    (b) Quick release devices. Each quick release device must have been 
approved under--
    (1) Part 27 or 29 of this chapter, as applicable;
    (2) Part 133, before February 1, 1977; or
    (3) Section 21.25 of this chapter, except the device must comply 
with Secs. 27.865(b) and 29.865(b), as applicable, of this chapter.
    (c) Weight and center of gravity--
    (1) Weight. The total weight of the rotorcraft-load combination must 
not exceed the total weight approved for the rotorcraft during its type 
certification.
    (2) Center of gravity. The location of the center of gravity must, 
for all loading conditions, be within the range established for the 
rotorcraft during its type certification. For Class C rotorcraft-load 
combinations, the magnitude and direction of the loading force must be 
established at those values for which the effective location of the 
center of gravity remains within its established range.

[Doc. No. 14324, 41 FR 55475, Dec. 20, 1976, as amended by Amdt. 133-12, 
55 FR 8006, Mar. 6, 1990]



Sec. 133.45   Operating limitations.

    In addition to the operating limitations set forth in the approved 
Rotorcraft Flight Manual, and to any other limitations the Administrator 
may prescribe, the operator shall establish at least the following 
limitations and set them forth in the Rotorcraft-Load Combination Flight 
Manual for rotorcraft-load combination operations:
    (a) The rotorcraft-load combination may be operated only within the 
weight and center of gravity limitations established in accordance with 
Sec. 133.43(c).
    (b) The rotorcraft-load combination may not be operated with an 
external load weight exceeding that used in showing compliance with 
Secs. 133.41 and 133.43.
    (c) The rotorcraft-load combination may not be operated at airspeeds 
greater than those established in accordance with Sec. 133.41 (b), (c), 
and (d).
    (d) No person may conduct an external-load operation under this part 
with a rotorcraft type certificated in the restricted category under 
Sec. 21.25 of this chapter over a densely populated area, in a congested 
airway, or near a busy airport where passenger transport operations are 
conducted.
    (e) The rotorcraft-load combination of Class D may be conducted only 
in accordance with the following:
    (1) The rotorcraft to be used must have been type certificated under 
transport Category A for the operating weight and provide hover 
capability with one engine inoperative at that operating weight and 
altitude.
    (2) The rotorcraft must be equipped to allow direct radio 
intercommunication among required crewmembers.

[[Page 623]]

    (3) The personnel lifting device must be FAA approved.
    (4) The lifting device must have an emergency release requiring two 
distinct actions.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-1, 30 
FR 883, Jan. 28, 1965; Amdt. 133-5, 41 FR 55476, Dec. 20, 1976; Amdt. 
133-6, 42 FR 24198, May 12, 1977; Amdt. 133-9, 51 FR 40709, Nov. 7, 
1986]



Sec. 133.47   Rotorcraft-load combination flight manual.

    The applicant must prepare a Rotorcraft-Load Combination Flight 
Manual and submit it for approval by the Administrator. The manual must 
be prepared in accordance with the rotorcraft flight manual provisions 
of subpart G of part 27 or 29 of this chapter, whichever is applicable. 
The limiting height-speed envelope data need not be listed as operating 
limitations. The manual must set forth--
    (a) Operating limitations, procedures (normal and emergency), 
performance, and other information established under this subpart;
    (b) The class of rotorcraft-load combinations for which the 
airworthiness of the rotorcraft has been demonstrated in accordance with 
Secs. 133.41 and 133.43; and
    (c) In the information section of the Rotorcraft-Load Combination 
Flight Manual--
    (1) Information on any peculiarities discovered when operating 
particular rotorcraft-load combinations;
    (2) Precautionary advice regarding static electricity discharges for 
Class B, Class C, and Class D rotorcraft-load combinations; and
    (3) Any other information essential for safe operation with external 
loads.

[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as amended by Amdt. 133-9, 51 
FR 40709, Nov. 7, 1986]



Sec. 133.49   Markings and placards.

    The following markings and placards must be displayed conspicuously 
and must be such that they cannot be easily erased, disfigured, or 
obscured:
    (a) A placard (displayed in the cockpit or cabin) stating the class 
of rotorcraft-load combination for which the rotorcraft has been 
approved and the occupancy limitation prescribed in Sec. 133.45(a).
    (b) A placard, marking, or instruction (displayed next to the 
external-load attaching means) stating the maximum external load 
prescribed as an operating limitation in Sec. 133.45(c).



Sec. 133.51  Airworthiness certification.

    A Rotorcraft External-Load Operator Certificate is a current and 
valid airworthiness certificate for each rotorcraft type certificated 
under part 27 or 29 of this chapter (or their predecessor parts) and 
listed by registration number on a list attached to the certificate, 
when the rotorcraft is being used in operations conducted under this 
part.

[Doc. No. 24550, 51 FR 40709, Nov. 7, 1986]



PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS--Table of Contents




                  Special Federal Aviation Regulations

SFAR No. 36 [Note]
SFAR No. 38-2 [Note]
SFAR No. 50-2 [Note]
SFAR No. 52
SFAR No. 58 [Note]
SFAR No. 71 [Note]

                           Subpart A--General

Sec.
135.1  Applicability.
135.2  Compliance schedule for operators that transition to part 121 of 
          this chapter; certain new entrant operators.
135.3  Rules applicable to operations subject to this part.
135.7  Applicability of rules to unauthorized operators.
135.12  Previously trained crewmembers.
135.19  Emergency operations.
135.21  Manual requirements.
135.23  Manual contents.
135.25  Aircraft requirements.
135.41  Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.
135.43  Crewmember certificates: International operations.

                      Subpart B--Flight Operations

135.61  General.
135.63  Recordkeeping requirements.

[[Page 624]]

135.64  Retention of contracts and amendments: Commercial operators who 
          conduct intrastate operations for compensation or hire.
135.65  Reporting mechanical irregularities.
135.67  Reporting potentially hazardous meteorological conditions and 
          irregularities of communications or navigation facilities.
135.69  Restriction or suspension of operations: Continuation of flight 
          in an emergency.
135.71  Airworthiness check.
135.73  Inspections and tests.
135.75  Inspectors credentials: Admission to pilots' compartment: 
          Forward observer's seat.
135.77  Responsibility for operational control.
135.79  Flight locating requirements.
135.81  Informing personnel of operational information and appropriate 
          changes.
135.83  Operating information required.
135.85  Carriage of persons without compliance with the passenger-
          carrying provisions of this part.
135.87  Carriage of cargo including carry-on baggage.
135.89  Pilot requirements: Use of oxygen.
135.91  Oxygen for medical use by passengers.
135.93  Autopilot: Minimum altitudes for use.
135.95  Airmen: Limitations on use of services.
135.97  Aircraft and facilities for recent flight experience.
135.99  Composition of flight crew.
135.100  Flight crewmember duties.
135.101  Second in command required in IFR conditions.
135.103  Exception to second in command requirement: IFR operations.
135.105  Exception to second in command requirement: Approval for use of 
          autopilot system.
135.107  Flight attendant crewmember requirement.
135.109  Pilot in command or second in command: Designation required.
135.111  Second in command required in category II operations.
135.113  Passenger occupancy of pilot seat.
135.115  Manipulation of controls.
135.117  Briefing of passengers before flight.
135.119  Prohibition against carriage of weapons.
135.121  Alcoholic beverages.
135.122  Stowage of food, beverage, and passenger service equipment 
          during aircraft movement on the surface, takeoff, and landing.
135.123  Emergency and emergency evacuation duties.
135.125  Airplane security.
135.127  Passenger information.
135.128  Use of safety belts and child restraint systems.
135.129  Exit seating.

                    Subpart C--Aircraft and Equipment

135.141  Applicability.
135.143  General requirements.
135.145  Aircraft proving tests.
135.147  Dual controls required.
135.149  Equipment requirements: General.
135.150  Public address and crewmember interphone systems.
135.151  Cockpit voice recorders.
135.152  Flight recorders.
135.153  Ground proximity warning system.
135.155  Fire extinguishers: Passenger-carrying aircraft.
135.157  Oxygen equipment requirements.
135.158  Pitot heat indication systems.
135.159  Equipment requirements: Carrying passengers under VFR at night 
          or under VFR over-the-top conditions.
135.161  Radio and navigational equipment: Carrying passengers under VFR 
          at night or under VFR over-the-top.
135.163  Equipment requirements: Aircraft carrying passengers under IFR.
135.165  Radio and navigational equipment: Extended overwater or IFR 
          operations.
135.167  Emergency equipment: Extended overwater operations.
135.169  Additional airworthiness requirements.
135.170  Materials for compartment interiors.
135.171  Shoulder harness installation at flight crewmember stations.
135.173  Airborne thunderstorm detection equipment requirements.
135.175  Airborne weather radar equipment requirements.
135.177  Emergency equipment requirements for aircraft having a 
          passenger seating configuration of more than 19 passengers.
135.178  Additional emergency equipment.
135.179  Inoperable instruments and equipment.
135.180  Traffic Alert and Collision Avoidance System.
135.181  Performance requirements: Aircraft operated over-the-top or in 
          IFR conditions.
135.183  Performance requirements: Land aircraft operated over water.
135.185  Empty weight and center of gravity: Currency requirement.

    Subpart D--VFR/IFR Operating Limitations and Weather Requirements

135.201  Applicability.
135.203  VFR: Minimum altitudes.
135.205  VFR: Visibility requirements.
135.207  VFR: Helicopter surface reference requirements.
135.209  VFR: Fuel supply.

[[Page 625]]

135.211  VFR: Over-the-top carrying passengers: Operating limitations.
135.213  Weather reports and forecasts.
135.215  IFR: Operating limitations.
135.217  IFR: Takeoff limitations.
135.219  IFR: Destination airport weather minimums.
135.221  IFR: Alternate airport weather minimums.
135.223  IFR: Alternate airport requirements.
135.225  IFR: Takeoff, approach and landing minimums.
135.227  Icing conditions: Operating limitations.
135.229  Airport requirements.

                Subpart E--Flight Crewmember Requirements

135.241  Applicability.
135.243  Pilot in command qualifications.
135.244  Operating experience.
135.245  Second in command qualifications.
135.247  Pilot qualifications: Recent experience.
135.249  Use of prohibited drugs.
135.251  Testing for prohibited drugs.
135.253  Misuse of alcohol.
135.255  Testing for alcohol.

 Subpart F--Crewmember Flight Time and Duty Period Limitations and Rest 
                              Requirements

135.261  Applicability.
135.263  Flight time limitations and rest requirements: All certificate 
          holders.
135.265  Flight time limitations and rest requirements: Scheduled 
          operations.
135.267  Flight time limitations and rest requirements: Unscheduled one- 
          and two-pilot crews.
135.269  Flight time limitations and rest requirements: Unscheduled 
          three- and four-pilot crews.
135.271  Helicopter hospital emergency medical evacuation service 
          (HEMES).
135.273  Duty period limitations and rest time requirements.

               Subpart G--Crewmember Testing Requirements

135.291  Applicability.
135.293  Initial and recurrent pilot testing requirements.
135.295  Initial and recurrent flight attendant crewmember testing 
          requirements.
135.297  Pilot in command: Instrument proficiency check requirements.
135.299  Pilot in command: Line checks: Routes and airports.
135.301  Crewmember: Tests and checks, grace provisions, training to 
          accepted standards.

                           Subpart H--Training

135.321  Applicability and terms used.
135.323  Training program: General.
135.324  Training program: Special rules.
135.325  Training program and revision: Initial and final approval.
135.327  Training program: Curriculum.
135.329  Crewmember training requirements.
135.331  Crewmember emergency training.
135.333  Training requirements: Handling and carriage of hazardous 
          materials.
135.335  Approval of aircraft simulators and other training devices.
135.337  Qualifications: Check airmen (aircraft) and check airmen 
          (simulator).
135.338  Qualifications: Flight instructors (aircraft) and flight 
          instructors (simulator).
135.339  Initial and transition training and checking: Check airmen 
          (aircraft), check airmen (simulator).
135.340  Initial and transition training and checking: Flight 
          instructors (aircraft), flight instructors (simulator).
135.341  Pilot and flight attendant crewmember training programs.
135.343  Crewmember initial and recurrent training requirements.
135.345  Pilots: Initial, transition, and upgrade ground training.
135.347  Pilots: Initial, transition, upgrade, and differences flight 
          training.
135.349  Flight attendants: Initial and transition ground training.
135.351  Recurrent training.
135.353  Prohibited drugs.

          Subpart I--Airplane Performance Operating Limitations

135.361  Applicability.
135.363  General.
135.365  Large transport category airplanes: Reciprocating engine 
          powered: Weight limitations.
135.367  Large transport category airplanes: Reciprocating engine 
          powered: Takeoff limitations.
135.369  Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: All engines operating.
135.371  Large transport category airplanes: Reciprocating engine 
          powered: En route limitations: One engine inoperative.
135.373  Part 25 transport category airplanes with four or more engines: 
          Reciprocating engine powered: En route limitations: Two 
          engines inoperative.
135.375  Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Destination airports.
135.377  Large transport category airplanes: Reciprocating engine 
          powered: Landing limitations: Alternate airports.

[[Page 626]]

135.379  Large transport category airplanes: Turbine engine powered: 
          Takeoff limitations.
135.381  Large transport category airplanes: Turbine engine powered: En 
          route limitations: One engine inoperative.
135.383  Large transport category airplanes: Turbine engine powered: En 
          route limitations: Two engines inoperative.
135.385  Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Destination airports.
135.387  Large transport category airplanes: Turbine engine powered: 
          Landing limitations: Alternate airports.
135.389  Large nontransport category airplanes: Takeoff limitations.
135.391  Large nontransport category airplanes: En route limitations: 
          One engine inoperative.
135.393  Large nontransport category airplanes: Landing limitations: 
          Destination airports.
135.395  Large nontransport category airplanes: Landing limitations: 
          Alternate airports.
135.397  Small transport category airplane performance operating 
          limitations.
135.398  Commuter category airplanes performance operating limitations.
135.399  Small nontransport category airplane performance operating 
          limitations.

     Subpart J--Maintenance, Preventive Maintenance, and Alterations

135.411  Applicability.
135.413  Responsibility for airworthiness.
135.415  Mechanical reliability reports.
135.417  Mechanical interruption summary report.
135.419  Approved aircraft inspection program.
135.421  Additional maintenance requirements.
135.423  Maintenance, preventive maintenance, and alteration 
          organization.
135.425  Maintenance, preventive maintenance, and alteration programs.
135.427  Manual requirements.
135.429  Required inspection personnel.
135.431  Continuing analysis and surveillance.
135.433  Maintenance and preventive maintenance training program.
135.435  Certificate requirements.
135.437  Authority to perform and approve maintenance, preventive 
          maintenance, and alterations.
135.439  Maintenance recording requirements.
135.441  Transfer of maintenance records.
135.443  Airworthiness release or aircraft maintenance log entry.

Appendix A to Part 135--Additional Airworthiness Standards for 10 or 
          More Passenger Airplanes
Appendix B to Part 135--Airplane Flight Recorder Specifications
Appendix C to Part 135--Helicopter Flight Recorder Specifications
Appendix D to Part 135--Airplane Flight Recorder Specification
Appendix E to Part 135--Helicopter Flight Recorder Specifications

    Authority: 49 U.S.C. 106(g), 44113, 44701, 44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    Source: Docket No. 16097, 43 FR 46783, Oct. 10, 1978, unless 
otherwise noted.

                  Special Federal Aviation Regulations

                               SFAR No. 36

    Editorial Note: For the text of SFAR No. 36, see part 121 of this 
chapter.

                              SFAR No. 38-2

    Editorial Note: For the text of SFAR No. 38-2, see part 121 of this 
chapter.

                              SFAR No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 of this 
chapter.

    Effective Date Note: By Amdt. 135-66, 61 FR 69330, Dec. 31, 1996, 
Special Federal Aviation Regulation 50-2 is removed, effective May 1, 
1997.

 SFAR No. 52--Extension of Compliance Date of Seat Cushion Flammability 
  Regulation for Large Airplanes Operated Under Part 135 in Other Than 
                     Commuter Air Carrier Operations

    Contrary provisions of Secs. 121.312 and 135.169 of this chapter 
notwithstanding, for airplanes type certificated after January 1, 1958, 
after February 24, 1988, seat cushions in any compartment occupied by 
crew or passengers (except those on flight crewmember seats) in large 
airplanes operated under part 135 of this chapter, except large 
airplanes used in commuter air carrier operations, must comply with the 
requirements pertaining to fire protection of seat cushions in 
Sec. 25.853(c), effective November 26, 1984, and appendix F to part 25 
of this chapter, effective November 26, 1984, unless an alternative 
compliance plan has been approved by the Administrator.
    For airplanes type certificated after January 1, 1958, after 
November 26, 1987, seat cushions in any compartment occupied by crew or 
passengers (except those on flight crewmember seats) in large airplanes 
operated under part 135 of this chapter and used in commuter air carrier 
operations must

[[Page 627]]

comply with the requirements pertaining to fire protection of seat 
cushions in Sec. 25.853(c), effective November 26, 1984, and appendix F 
to part 25 of this chapter, effective November 26, 1984.
    This Special Federal Aviation Regulation terminates on December 1, 
1988.

[Doc. No. 25477, 52 FR 45913, Dec. 2, 1987]

                               SFAR No. 58

    Editorial Note: For the text of SFAR No. 58, see part 121 of this 
chapter.

                               SFAR No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.



                           Subpart A--General



Sec. 135.1  Applicability.

    (a) This part prescribes rules governing--
    (1) The commuter or on-demand operations of each person who holds or 
is required to hold an Air Carrier Certificate or Operating Certificate 
under part 119 of this chapter.
    (2) Each person employed or used by a certificate holder conducting 
operations under this part including the maintenance, preventative 
maintenance and alteration of an aircraft.
    (3) The transportation of mail by aircraft conducted under a postal 
service contract awarded under 39 U.S.C. 5402c.
    (4) Each person who applies for provisional approval of an Advanced 
Qualification Program curriculum, curriculum segment, or portion of a 
curriculum segment under SFAR No. 58 of 14 CFR part 121 and each person 
employed or used by an air carrier or commercial operator under this 
part to perform training, qualification, or evaluation functions under 
an Advanced Qualification Program under SFAR No. 58 of 14 CFR part 121.
    (5) Nonstop sightseeing flights for compensation or hire that begin 
and end at the same airport, and are conducted within a 25 statute mile 
radius of that airport; however, except for operations subject to SFAR 
50-2, these operations, when conducted for compensation or hire, must 
comply only with Secs. 135.249, 135.251, 135.253, 135.255, and 135.353.
    (6) Each person who is on board an aircraft being operated under 
this part.
    (7) Each person who is an applicant for an Air Carrier Certificate 
or an Operating Certificate under 119 of this chapter, when conducting 
proving tests.
    (b) [Reserved]
    (c) For the purpose of Secs. 135.249, 135.251, 135.253, 135.255, and 
135.353, operator means any person or entity conducting non-stop 
sightseeing flights for compensation or hire in an airplane or 
rotorcraft that begin and end at the same airport and are conducted 
within a 25 statute mile radius of that airport.
    (d) Notwithstanding the provisions of this part and appendices I and 
J to part 121 of this chapter, an operator who does not hold a part 121 
or part 135 certificate is permitted to use a person who is otherwise 
authorized to perform aircraft maintenance or preventive maintenance 
duties and who is not subject to FAA-approved anti-drug and alcohol 
misuse prevention programs to perform--
    (1) Aircraft maintenance or preventive maintenance on the operator's 
aircraft if the operator would otherwise be required to transport the 
aircraft more than 50 nautical miles further than the repair point 
closest to operator's principal place of operation to obtain these 
services; or
    (2) Emergency repairs on the operator's aircraft if the aircraft 
cannot be safely operated to a location where an employee subject to 
FAA-approved programs can perform the repairs.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-5, 
45 FR 43162, June 26, 1980; Amdt. 135-7, 45 FR 67235, Oct. 9, 1980; 
Amdt. 135-20, 51 FR 40709, Nov. 7, 1986; Amdt. 135-28, 53 FR 47060, Nov. 
21, 1988; Amdt. 135-32, 54 FR 34332, Aug. 18, 1989; Amdt. 135-37, 55 FR 
40278, Oct. 2, 1990; Amdt. 135-48, 59 FR 7396, Feb. 15, 1994; Amdt. 135-
58, 60 FR 65938, Dec. 20, 1995]



Sec. 135.2  Compliance schedule for operators that transition to part 121 of this chapter; certain new entrant operators.

    (a) Applicability. This section applies to the following:
    (1) Each certificate holder that was issued an air carrier or 
operating certificate and operations specifications under the 
requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 
CFR part 121 before January 19, 1996,

[[Page 628]]

and that conducts scheduled passenger-carrying operations with:
    (i) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats;
    (ii) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats; or
    (iii) Turbojet engine powered airplanes having a passenger seat 
configuration of 1-30 seats.
    (2) Each person who, after January 19, 1996, applies for or obtains 
an initial air carrier or operating certificate and operations 
specifications to conduct scheduled passenger-carrying operations in the 
kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or 
paragraph (a)(1)(iii) of this section.
    (b) Obtaining operations specifications. A certificate holder 
described in paragraph (a)(1) of this section may not, after March 20, 
1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), 
or (a)(1)(iii) of this section in scheduled passenger-carrying 
operations, unless it obtains operations specifications to conduct its 
scheduled operations under part 121 of this chapter on or before March 
20, 1997.
    (c) Regular or accelerated compliance. Except as provided in 
paragraphs (d), and (e) of this section, each certificate holder 
described in paragraph (a)(1) of this section shall comply with each 
applicable requirement of part 121 of this chapter on and after March 
20, 1997 or on and after the date on which the certificate holder is 
issued operations specifications under this part, whichever occurs 
first. Except as provided in paragraphs (d) and (e) of this section, 
each person described in paragraph (a)(2) of this section shall comply 
with each applicable requirement of part 121 of this chapter on and 
after the date on which that person is issued a certificate and 
operations specifications under part 121 of this chapter.
    (d) Delayed compliance dates. Unless paragraph (e) of this section 
specifies an earlier compliance date, no certificate holder that is 
covered by paragraph (a) of this section may operate an airplane in 14 
CFR part 121 operations on or after a date listed in this paragraph 
unless that airplane meets the applicable requirement of this paragraph:
    (1) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats. No certificate holder may operate under 
this part an airplane that is described in paragraph (a)(1)(i) of this 
section on or after a date listed in paragraph (d)(1) of this section 
unless that airplane meets the applicable requirement listed in 
paragraph (d)(1) of this section:
    (i) December 22, 1997:
    (A) Section 121.289, Landing gear aural warning.
    (B) Section 121.308, Lavatory fire protection.
    (C) Section 121.310(e), Emergency exit handle illumination.
    (D) Section 121.337(b)(8), Protective breathing equipment.
    (E) Section 121.340, Emergency flotation means.
    (ii) December 20, 1999: Section 121.342, Pitot heat indication 
system.
    (iii) December 20, 2010:
    (A) For airplanes described in Sec. 121.157(f), the Airplane 
Performance Operating Limitations in Secs. 121.189 through 121.197.
    (B) Section 121.161(b), Ditching approval.
    (C) Section 121.305(j), Third attitude indicator.
    (D) Section 121.312(c), Passenger seat cushion flammability.
    (2) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats. No certificate holder may 
operate under this part an airplane that is described in paragraph 
(a)(1)(ii) of this section on or after a date listed in paragraph (d)(2) 
of this section unless that airplane meets the applicable requirement 
listed in paragraph (d)(2) of this section:
    (i) December 22, 1997:
    (A) Section 121.308, Lavatory fire protection.
    (B) Section 121.337(b) (8) and (9), Protective breathing equipment.
    (C) Section 121.340, Emergency flotation means.
    (ii) December 20, 2010: Section 121.305(j), Third attitude 
indicator.

[[Page 629]]

    (e) Newly manufactured airplanes. No certificate holder that is 
described in paragraph (a) of this section may operate under part 121 of 
this chapter an airplane manufactured on or after a date listed in this 
paragraph (e) unless that airplane meets the applicable requirement 
listed in this paragraph (e).
    (1) For nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats:
    (i) Manufactured on or after March 20, 1997:
    (A) Section 121.305(j), Third attitude indicator.
    (B) Section 121.311(f), Safety belts and shoulder harnesses.
    (ii) Manufactured on or after December 22, 1997: Section 121.317(a), 
Fasten seat belt light.
    (iii) Manufactured on or after December 20, 1999: Section 121.293, 
Takeoff warning system.
    (2) For transport category turbopropeller powered airplanes that 
have a passenger seat configuration of 20-30 seats manufactured on or 
after March 20, 1997: Section 121.305(j), Third attitude indicator.
    (f) New type certification requirements. No person may operate an 
airplane for which the application for a type certificate was filed 
after March 29, 1995, in 14 CFR part 121 operations unless that airplane 
is type certificated under part 25 of this chapter.
    (g) Transition plan. Before March 19, 1996 each certificate holder 
described in paragraph (a)(1) of this section must submit to the FAA a 
transition plan (containing a calendar of events) for moving from 
conducting its scheduled operations under the commuter requirements of 
part 135 of this chapter to the requirements for domestic or flag 
operations under part 121 of this chapter. Each transition plan must 
contain details on the following:
    (1) Plans for obtaining new operations specifications authorizing 
domestic or flag operations;
    (2) Plans for being in compliance with the applicable requirements 
of part 121 of this chapter on or before March 20, 1997; and
    (3) Plans for complying with the compliance date schedules contained 
in paragraphs (d) and (e) of this section.

[Doc. No. 28154, 60 FR 65938, Dec. 20, 1995, as amended by Amdt. 135-65, 
61 FR 30435, June 14, 1996]



Sec. 135.3  Rules applicable to operations subject to this part.

    (a) Each person operating an aircraft in operations under this part 
shall--
    (1) While operating inside the United States, comply with the 
applicable rules of this chapter; and
    (2) While operating outside the United States, comply with Annex 2, 
Rules of the Air, to the Convention on International Civil Aviation or 
the regulations of any foreign country, whichever applies, and with any 
rules of parts 61 and 91 of this chapter and this part that are more 
restrictive than that Annex or those regulations and that can be 
complied with without violating that Annex or those regulations. Annex 2 
is incorporated by reference in Sec. 91.703(b) of this chapter.
    (b) After March 19, 1997, each certificate holder that conducts 
commuter operations under this part with airplanes in which two pilots 
are required by the type certification rules of this chapter shall 
comply with subparts N and O of part 121 of this chapter instead of the 
requirements of subparts E, G, and H of this part. Each affected 
certificate holder must submit to the Administrator and obtain approval 
of a transition plan (containing a calendar of events) for moving from 
its present part 135 training, checking, testing, and qualification 
requirements to the requirements of part 121 of this chapter. Each 
transition plan must be submitted by March 19, 1996, and must contain 
details on how the certificate holder plans to be in compliance with 
subparts N and O of part 121 on or before March 19, 1997.
    (c) If authorized by the Administrator upon application, each 
certificate holder that conducts operations under this part to which 
paragraph (b) of this section does not apply, may comply with the 
applicable sections of subparts N and O of part 121 instead of the 
requirements of subparts E, G, and H of this part, except that those 
authorized certificate holders may choose

[[Page 630]]

to comply with the operating experience requirements of Sec. 135.244, 
instead of the requirements of Sec. 121.434 of this chapter.

[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995, as amended by Amdt. 135-65, 
61 FR 30435, June 14, 1996]



Sec. 135.7  Applicability of rules to unauthorized operators.

    The rules in this part which apply to a person certificated under 
part 119 of this chapter also apply to a person who engages in any 
operation governed by this part without an appropriate certificate and 
operations specifications required by part 119 of this chapter.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-58, 
60 FR 65939, Dec. 20, 1995]



Sec. 135.12  Previously trained crewmembers.

    A certificate holder may use a crewmember who received the 
certificate holder's training in accordance with subparts E, G, and H of 
this part before March 19, 1997 without complying with initial training 
and qualification requirements of subparts N and O of part 121 of this 
chapter. The crewmember must comply with the applicable recurrent 
training requirements of part 121 of this chapter.

[Doc. No. 27993, 60 FR 65950, Dec. 20, 1995]



Sec. 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.



Sec. 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 base of operations.
    (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 base of operations. 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

[[Page 631]]

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; Amdt. 135-58, 60 FR 65939, Dec. 20, 1995]



Sec. 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 Sec. 119.69(a) 
of this chapter 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 Sec. 135.77;
    (b) Procedures for ensuring compliance with aircraft weight and 
balance limitations and, for multiengine aircraft, for determining 
compliance with Sec. 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 Sec. 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 Sec. 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 Sec. 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; Amdt. 135-58, 60 FR 65939, Dec. 20, 1995]

[[Page 632]]



Sec. 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]



Sec. 135.41  Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

    If the holder of a certificate operating 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 Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.

[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995]



Sec. 135.43  Crewmember certificates: International operations.

    (a) This section describes the certificates that were issued to 
United States citizens who were employed by air carriers at the time of 
issuance as flight 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 were issued under Annex 9, as amended, to the 
Convention on International Civil Aviation.

[[Page 633]]

    (b) The holder of a certificate issued under this section, or the 
air carrier by whom the holder is employed, shall surrender the 
certificate for cancellation at the nearest FAA Flight Standards 
District Office at the termination of the holder's employment with that 
air carrier.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]



                      Subpart B--Flight Operations



Sec. 135.61  General.

    This subpart prescribes rules, in addition to those in part 91 of 
this chapter, that apply to operations under this part.



Sec. 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;
    (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; and
    (5) An individual record for each flight attendant who is required 
under this part, maintained in sufficient detail to determine compliance 
with the applicable portions of Sec. 135.273 of this part.
    (b) Each certificate holder must keep each record required by 
paragraph (a)(3) of this section for at least 6 months, and must keep 
each record required by paragraphs (a)(4) and (a)(5) of this section for 
at least 12 months.
    (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

[[Page 634]]

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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-52, 
59 FR 42993, Aug. 19, 1994]



Sec. 135.64  Retention of contracts and amendments: Commercial operators who conduct intrastate operations for compensation or hire.

    (a) Each commercial operator who conducts intrastate operations for 
compensation or hire shall keep a copy of each written contract under 
which it provides services as a commercial operator for a period of at 
least one year after the date of execution of the contract. In the case 
of an oral contract, it shall keep a memorandum stating its elements, 
and of any amendments to it, for a period of at least one year after the 
execution of that contract or change.
    (b) Each commercial operator who conducts intrastate operations for 
compensation or hire shall submit a financial report for the first 6 
months of each fiscal year and another financial report for each 
complete fiscal year. If that person's operating certificate is 
suspended for more than 29 days, that person shall submit a financial 
report as of the last day of the month in which the suspension is 
terminated. The report required to be submitted by this section shall be 
submitted within 60 days of the last day of the period covered by the 
report and must include--
    (1) A balance sheet that shows assets, liabilities, and net worth on 
the last day of the reporting period;
    (2) The information required by Sec. 119.35(g)(2), (g)(7), and 
(g)(8) of this chapter;
    (3) An itemization of claims in litigation against the applicant, if 
any, as of the last day of the period covered by the report;
    (4) A profit and loss statement with the separation of items 
relating to the applicant's commercial operator activities from his 
other business activities, if any; and
    (5) A list of each contract that gave rise to operating income on 
the profit and loss statement, including the names and addresses of the 
contracting parties and the nature, scope, date, and duration of each 
contract.

[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995, as amended by Amdt. 135-65, 
61 FR 30435, June 14, 1996]



Sec. 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 Sec. 135.21.



Sec. 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 Amdt. 135-1, 
44 FR 26737, May 7, 1979]

[[Page 635]]



Sec. 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 Sec. 135.19.



Sec. 135.71  Airworthiness check.

    The pilot in command may not begin a flight unless the pilot 
determines that the airworthiness inspections required by Sec. 91.409 of 
this chapter, or Sec. 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]



Sec. 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.



Sec. 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.



Sec. 135.77  Responsibility for operational control.

    Each certificate holder is responsible for operational control and 
shall list, in the manual required by Sec. 135.21, the name and title of 
each person authorized by it to exercise operational control.



Sec. 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.

[[Page 636]]



Sec. 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.



Sec. 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 Sec. 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.



Sec. 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.



Sec. 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

[[Page 637]]

    (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.



Sec. 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.



Sec. 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--

[[Page 638]]

    (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 Sec. 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 
certificate-holding district office a complete report of the operation 
involved, including a description of the deviation and the reasons for 
it.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 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 Sec. 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

[[Page 639]]

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]



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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.''

[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981]



Sec. 135.101  Second in command required in IFR conditions.

    Except as provided in Secs. 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.



Sec. 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.

[[Page 640]]

    (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 
Sec. 135.99.



Sec. 135.105  Exception to second in command requirement: Approval for use of autopilot system.

    (a) Except as provided in Secs. 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 in a commuter 
operation, as defined in part 119 of this chapter 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; Amdt. 135-58, 60 FR 65939, Dec. 20, 1995]



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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

[[Page 641]]

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.



Sec. 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, any applicable 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), posted placards, areas designated 
for safety purposes as no smoking areas, and crewmember instructions 
with regard to these items. 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; smoking in lavatories; and, when 
applicable, smoking in passenger compartments.
    (2) The use of safety belts, including instructions on how to fasten 
and unfasten the safety belts. Each passenger shall be briefed on when, 
where, and under what conditions the safety belt must be fastened about 
that passenger. This briefing shall include a statement that the Federal 
Aviation Regulations require passenger compliance with lighted passenger 
information signs and crewmember instructions concerning the use of 
safety 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; 
Amdt. 135-44, 57 FR 42675, Sept. 15, 1992; 57 FR 43776, Sept. 22, 1992]

[[Page 642]]



Sec. 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.



Sec. 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.



Sec. 135.122  Stowage of food, beverage, and passenger service equipment during aircraft movement on the surface, takeoff, and landing.

    (a) No certificate holder may move an aircraft on the surface, take 
off, or land when any food, beverage, or tableware furnished by the 
certificate holder is located at any passenger seat.
    (b) No certificate holder may move an aircraft on the surface, take 
off, or land unless each food and beverage tray and seat back tray table 
is secured in its stowed position.
    (c) No certificate holder may permit an aircraft to move on the 
surface, take off, or land unless each passenger serving cart is secured 
in its stowed position.
    (d) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]



Sec. 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 Sec. 135.21 the functions of each category of required crewmembers 
assigned under paragraph (a) of this section.



Sec. 135.125  Airplane security.

    Certificate holders conducting operations under this part shall 
comply with the applicable security requirements in part 108 of this 
chapter.

[Doc. No. 108, 46 FR 3791, Jan. 15, 1981]



Sec. 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 Sec. 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.

[[Page 643]]

    (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 compartment) except during any movement of 
an aircraft on the surface, takeoff, and landing.
    (c) No person may smoke in any aircraft lavatory.
    (d) 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'' sign required by Sec. 135.177(a)(3) 
of this part must be turned on during any movement of the aircraft on 
the surface, for each takeoff or landing, and at any other time 
considered necessary by the pilot in command.
    (g) The passenger information requirements prescribed in Sec. 91.517 
(b) and (d) of this chapter are in addition to the requirements 
prescribed in this section.
    (h) Each passenger shall comply with instructions given him or her 
by crewmembers regarding compliance with paragraphs (b), (c), and (e) of 
this section.

[Doc. No. 25590, 55 FR 8367, Mar. 7, 1990, as amended by Amdt. 135-35, 
55 FR 20135, May 15, 1990; Amdt. 135-44, 57 FR 42675, Sept. 15, 1992; 
Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 135.128  Use of safety belts and child restraint systems.

    (a) Except as provided in this paragraph, each person on board an 
aircraft operated under this part shall occupy an approved seat or berth 
with a separate safety belt properly secured about him or her during 
movement on the surface, takeoff, and landing. For seaplane and float 
equipped rotorcraft operations during movement on the surface, the 
person pushing off the seaplane or rotorcraft from the dock and the 
person mooring the seaplane or rotorcraft at the dock are excepted from 
the preceding seating and safety belt requirements. A safety belt 
provided for the occupant of a seat may not be used by more than one 
person who has reached his or her second birthday. Notwithstanding the 
preceding requirements, a child may:
    (1) Be held by an adult who is occupying an approved seat or berth, 
provided the child has not reached his or her second birthday and the 
child does not occupy or use any restraining device; or
    (2) Notwithstanding any other requirement of this chapter, occupy an 
approved child restraint system furnished by the certificate holder or 
one of the persons described in paragraph (a)(2)(i) of this section, 
provided:
    (i) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (ii) Except as provided in paragraph (a)(2)(ii)(D) of this section, 
the approved child restraint system bears one or more labels as follows:
    (A) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label: ``This child restraint 
system conforms to all applicable Federal motor vehicle safety 
standards'';
    (B) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (1) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (2) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (C) Seats that do not qualify under paragraphs (a)(2)(ii)(A) and 
(a)(2)(ii)(B) of this section must bear either a label showing approval 
of a foreign government or a label showing that the seat was 
manufactured under the standards of the United Nations;
    (D) Notwithstanding any other provision of this section, booster-
type child restraint systems (as defined in Federal Motor Vehicle 
Standard No. 213 (49 CFR 571.213)), vest- and harness-type child 
restraint systems, and lap held

[[Page 644]]

child restraints are not approved for use in aircraft; and
    (iii) The certificate holder complies with the following 
requirements:
    (A) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (B) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (C) The restraint system must bear the appropriate label(s).
    (b) Except as provided in paragraph (b)(3) of this section, the 
following prohibitions apply to certificate holders:
    (1) No certificate holder may permit a child, in an aircraft, to 
occupy a booster-type child restraint system, a vest-type child 
restraint system, a harness-type child restraint system, or a lap held 
child restraint system during take off, landing, or movement on the 
surface.
    (2) Except as required in paragraph (b)(1) of this section, no 
certificate holder may prohibit a child, if requested by the child's 
parent, guardian, or designated attendant, from occupying a child 
restraint system furnished by the child's parent, guardian, or 
designated attendant provided:
    (i) The child holds a ticket for an approved seat or berth or such 
seat or berth is otherwise made available by the certificate holder for 
the child's use;
    (ii) The requirements of paragraph (a)(2)(i) of this section are 
met;
    (iii) The requirements of paragraph (a)(2)(iii) of this section are 
met; and
    (iv) The child restraint system has one or more of the labels 
described in paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(C) of this 
section.
    (3) This section does not prohibit the certificate holder from 
providing child restraint systems authorized by this or, consistent with 
safe operating practices, determining the most appropriate passenger 
seat location for the child restraint system.

[Doc. No. 26142, 57 FR 42676, Sept. 15, 1992, as amended by Amdt. 135-
62, 61 FR 28422, June 4, 1996]



Sec. 135.129  Exit seating.

    (a)(1) Applicability. This section applies to all certificate 
holders operating under this part, except for on-demand operations with 
aircraft having 19 or fewer passenger seats and commuter operations with 
aircraft having 9 or fewer passenger seats.
    (2) Duty to make determination of suitability. 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 an exit seat. For the purpose of 
this section--
    (i) Exit seat means--
    (A) Each seat having direct access to an exit; and
    (B) Each seat in a row of seats through which passengers would have 
to pass to gain access to an exit, from the first seat inboard of the 
exit to the first aisle inboard of the exit.
    (ii) A passenger seat having direct access means a seat from which a 
passenger can proceed directly to the exit without entering an aisle or 
passing around an obstruction.
    (3) Persons designated to make determination. Each certificate 
holder shall make the passenger exit seating determinations required by 
this paragraph in a non-discriminatory manner consistent with the 
requirements of this section, by persons designated in the certificate 
holder's required operations manual.
    (4) Submission of designation for approval. Each certificate holder 
shall designate the exit seats for each passenger seating configuration 
in its fleet in accordance with the definitions in this paragraph and 
submit those designations for approval as part of the procedures 
required to be submitted for approval under paragraphs (n) and (p) of 
this 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;

[[Page 645]]

    (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 
required by this section and related to emergency evacuation provided by 
the certificate holder in printed or graphic form or the ability to 
understand oral crew commands.
    (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 seating restrictions established in accordance with 
this section.
    (d) Each certificate holder shall include on passenger information 
cards, presented in the language in which briefings and oral commands 
are given by the crew, at each exit 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 seat may use if 
called upon to perform the following functions:
    (1) Locate the emergency exit;
    (2) Recognize the emergency exit opening mechanism;
    (3) Comprehend the instructions for operating the emergency exit;
    (4) Operate the emergency exit;
    (5) Assess whether opening the emergency exit will increase the 
hazards to which passengers may be exposed;
    (6) Follow oral directions and hand signals given by a crewmember;
    (7) Stow or secure the emergency exit door so that it will not 
impede use of the exit;
    (8) Assess the condition of an escape slide, activate the slide, and 
stabilize the slide after deployment to assist others in getting off the 
slide;
    (9) Pass expeditiously through the emergency exit; and
    (10) Assess, select, and follow a safe path away from the emergency 
exit.
    (e) Each certificate holder shall include on passenger information 
cards, at each exit seat--
    (1) In the primary language in which emergency commands are given by 
the crew, the selection criteria set forth in paragraph (b) of this 
section, and a request that a passenger identify himself or herself to 
allow reseating if he or she--
    (i) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (ii) Has a nondiscernible condition that will prevent him or her 
from performing the applicable functions listed in paragraph (d) of this 
section;

[[Page 646]]

    (iii) May suffer bodily harm as the result of performing one or more 
of those functions; or
    (iv) Does not wish to perform those functions; and,
    (2) In each language used by the certificate holder for passenger 
information cards, a request that a passenger identify himself or 
herself to allow reseating if he or she lacks the ability to read, 
speak, or understand the language or the graphic form in which 
instructions required by this section and related to emergency 
evacuation are provided by the certificate holder, or the ability to 
understand the specified language in which crew commands will be given 
in an emergency;
    (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 may allow taxi or pushback unless at least 
one required crewmember has verified that no exit 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) [Reserved]
    (k) In the event a certificate holder determines in accordance with 
this section that it is likely that a passenger assigned to an exit seat 
would be unable to perform the functions listed in paragraph (d) of this 
section or a passenger requests a non-exit seat, the certificate holder 
shall expeditiously relocate the passenger to a non-exit seat.
    (l) In the event of full booking in the non-exit seats and if 
necessary to accommodate a passenger being relocated from an exit seat, 
the certificate holder shall move a passenger who is willing and able to 
assume the evacuation functions that may be required, to an exit 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 seating restrictions established in accordance with 
this section, or
    (2) The only seat that will physically accommodate the person's 
handicap is an exit 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 seats, 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,

[[Page 647]]

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 certificate-
holding district office.
    (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.

[Doc. No. 25821, 55 FR 8073, Mar. 6, 1990, as amended by Amdt. 135-45, 
57 FR 48664, Oct. 27, 1992; Amdt. 135-50, 59 FR 33603, June 29, 1994; 
Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



                    Subpart C--Aircraft and Equipment



Sec. 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.



Sec. 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 Sec. 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]



Sec. 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--

[[Page 648]]

    (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.



Sec. 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.



Sec. 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 Sec. 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 Amdt. 135-1, 
44 FR 26737, May 7, 1979; Amdt. 135-34, 54 FR 43926, Oct. 27, 1989; 
Amdt. 135-38, 55 FR 43310, Oct. 26, 1990]



Sec. 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 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 Sec. 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 Sec. 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 Sec. 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--

[[Page 649]]

    (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]



Sec. 135.151  Cockpit voice recorders.

    (a) 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 Sec. 23.1457(a) (1) and (2), 
(b), (c), (d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b), (c), 
(d), (e), (f), and (g); Sec. 27.1457(a) (1) and (2), (b), (c), (d), (e), 
(f), and (g); or Sec. 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) 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 Sec. 23.1457, Sec. 25.1457, 
Sec. 27.1457 or Sec. 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 Sec. 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; 
Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 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,

[[Page 650]]

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.

[[Page 651]]

    (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 Sec. 23.1459, 25.1459, 27.1459, 
or 29.1459, as appropriate, of this chapter. The correlation required by 
paragraph (c) of Sec. 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, 53 FR 26151, July 11, 1988]



Sec. 135.153  Ground proximity warning system.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate a turbine-powered airplane having a passenger seating 
configuration, excluding any pilot seat, of 10 seats or more, unless it 
is equipped with an approved ground proximity warning system.
    (b) Any airplane equipped before April 20, 1992 with an alternative 
system that conveys warnings of excessive closure rates with the terrain 
and any deviations below glide slope by visual and audible means may 
continue to be operated with that system until April 20, 1996, provided 
that--
    (1) The system must have been approved by the Administrator;
    (2) The system must have a means of alerting the pilot when a 
malfunction occurs in the system; and
    (3) Procedures must have been established by the certificate holder 
to ensure that the performance of the system can be appropriately 
monitored.
    (c) For a 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.

[Doc. No. 26202, 57 FR 9951, Mar. 20, 1992, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 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.

[[Page 652]]



Sec. 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 
Sec. 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 Sec. 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.



Sec. 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 Sec. 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.

[Doc. No. 18094, Amdt. 135-17, 46 FR 48306, Aug. 31, 1981, as amended by 
Amdt. 135-33, 54 FR 39294, Sept. 25, 1989]



Sec. 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 
Sec. 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 
Sec. 29.1303(g) of this chapter.

[[Page 653]]

    (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, 51 FR 40709, Nov. 7, 1986, as amended by Amdt. 135-38, 
55 FR 43310, Oct. 26, 1990]



Sec. 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.



Sec. 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.

[[Page 654]]

    (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.



Sec. 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 in a commuter operation, as defined in part 119 
of this chapter, 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.
    (d) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, installation and use of a single long-range navigation 
system and a single long-range communication system, for extended 
overwater operations, may be authorized by the Administrator and 
approved in the certificate holder's operations specifications. The 
following are among the operational factors the Administrator may 
consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-58, 
60 FR 65939, Dec. 20, 1995; Amdt. 135-61, 61 FR 7191, Feb. 26, 1996]



Sec. 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;

[[Page 655]]

    (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 airplane in extended overwater 
operations unless there is attached to one of the life rafts required by 
paragraph (a) of this section, an approved survival type emergency 
locator transmitter. Batteries used in this transmitter must be replaced 
(or recharged, if the batteries are rechargeable) when the transmitter 
has been in use for more than 1 cumulative hour, or, when 50 percent of 
their useful life (or for rechargeable batteries, 50 percent of their 
useful life of charge) has expired, as established by the transmitter 
manufacturer under its approval. The new expiration date for replacing 
(or recharging) the 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; 
Amdt. 135-49, 59 FR 32058, June 21, 1994]



Sec. 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 Secs. 121.213 through 121.283 and 121.307 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 Sec. 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

[[Page 656]]

    (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 by Amdt. 135-2, 
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; Amdt. 
135-55, 60 FR 6628, Feb. 2, 1995]



Sec. 135.170  Materials for compartment interiors.

    (a) 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 Sec. 25.853(a) in effect March 6, 1995 
(formerly Sec. 25.853 (a), (b), (b-1), (b-2), and (b-3) of this chapter 
in effect on September 26, 1978).
    (b) Except for commuter category airplanes and airplanes 
certificated under Special Federal Aviation Regulation No. 41, no person 
may operate a large airplane unless it meets the following additional 
airworthiness requirements:
    (1) Except for those materials covered by paragraph (b)(2) of this 
section, all materials in each compartment used by the crewmembers or 
passengers must meet the requirements of Sec. 25.853 of this chapter in 
effect as follows or later amendment thereto:
    (i) Except as provided in paragraph (b)(1)(iv) of this section, each 
airplane with a passenger capacity of 20 or more and manufactured after 
August 19, 1988, but prior to August 20, 1990, must comply with the heat 
release rate testing provisions of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986), except 
that the total heat release over the first 2 minutes of sample exposure 
rate must not exceed 100 kilowatt minutes per square meter and the peak 
heat release rate must not exceed 100 kilowatts per square meter.
    (ii) Each airplane with a passenger capacity of 20 or more and 
manufactured after August 19, 1990, must comply with the heat release 
rate and smoke testing provisions of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.83(a-1) in effect on September 26, 1988).
    (iii) Except as provided in paragraph (b)(1) (v) or (vi) of this 
section, each airplane for which the application for type certificate 
was filed prior to May 1, 1972, must comply with the provisions of 
Sec. 25.853 in effect on April 30, 1972, regardless of the passenger 
capacity, if there is a substantially complete replacement of the cabin 
interior after April 30, 1972.
    (iv) Except as provided in paragraph (b)(1) (v) or (vi) of this 
section, each airplane for which the application for type certificate 
was filed after May 1, 1972, must comply with the material requirements 
under which the airplane was type certificated regardless of the 
passenger capacity if there is a substantially complete replacement of 
the cabin interior after that date.
    (v) Except as provided in paragraph (b)(1)(vi) of this section, each 
airplane that was type certificated after January 1, 1958, must comply 
with the heat release testing provisions of Sec. 25.853(d) in effect 
March 6, 1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986), 
if there is a substantially complete replacement of the cabin interior 
components identified in that paragraph on or after that date, except 
that the total heat release over the first 2 minutes of sample exposure 
shall not exceed 100 kilowatt-minutes per square meter and the peak heat 
release rate shall not exceed 100 kilowatts per square meter.
    (vi) Each airplane that was type certificated after January 1, 1958, 
must comply with the heat release rate and smoke testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in 
effect on August 20, 1986), if there is a substantially complete 
replacement of the cabin interior components identified in that 
paragraph after August 19, 1990.
    (vii) Contrary provisions of this section notwithstanding, the 
Manager of the Transport Airplane Directorate,

[[Page 657]]

Aircraft Certification Service, Federal Aviation Administration, may 
authorize deviation from the requirements of paragraph (b)(1)(i), 
(b)(1)(ii), (b)(1)(v), or (b)(1)(vi) of this section for specific 
components of the cabin interior that do not meet applicable 
flammability and smoke emission requirements, if the determination is 
made that special circumstances exist that make compliance impractical. 
Such grants of deviation will be limited to those airplanes manufactured 
within 1 year after the applicable date specified in this section and 
those airplanes in which the interior is replaced within 1 year of that 
date. A request for such grant of deviation must include a thorough and 
accurate analysis of each component subject to Sec. 25.853(d) in effect 
March 6, 1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986), 
the steps being taken to achieve compliance, and, for the few components 
for which timely compliance will not be achieved, credible reasons for 
such noncompliance.
    (viii) Contrary provisions of this section notwithstanding, galley 
carts and standard galley containers that do not meet the flammability 
and smoke emission requirements of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.853(a-1) in effect on August 20, 1986), may be 
used in airplanes that must meet the requirements of paragraph 
(b)(1)(i), (b)(1)(ii), (b)(1)(iv) or (b)(1)(vi) of this section provided 
the galley carts or standard containers were manufactured prior to March 
6, 1995.
    (2) For airplanes type certificated after January 1, 1958, seat 
cushions, except those on flight crewmember seats, in any compartment 
occupied by crew or passengers must comply with the requirements 
pertaining to fire protection of seat cushions in Sec. 25.853(c) 
effective November 26, 1984.

[Doc. No. 26192, 60 FR 6628, Feb. 2, 1995; Amdt. 135-55, 60 FR 11194, 
Mar. 1, 1995; Amdt. 135-56, 60 FR 13011, Mar. 9, 1995]



Sec. 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.



Sec. 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) 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 Sec. 135.21.
    (e) This section does not apply to aircraft used solely within the 
State of

[[Page 658]]

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; Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 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 
Sec. 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.



Sec. 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) Except as provided in paragraph (a)(1)(iv) of this section, at 
time of takeoff, each first aid kit must contain at least the following 
or other contents approved by the Administrator:

------------------------------------------------------------------------
                           Contents                             Quantity
------------------------------------------------------------------------
Adhesive bandage compressors, 1 in...........................         16
Antiseptic swabs.............................................         20
Ammonia inhalants............................................         10
Bandage compressors, 4 in....................................          8
Triangular bandage compressors, 40 in........................          5
Arm splint, noninflatable....................................          1
Leg splint, noninflatable....................................          1
Roller bandage, 4 in.........................................          4
Adhesive tape, 1-in standard roll............................          2
Bandage scissors.............................................          1
Protective latex gloves or equivalent nonpermeable gloves....      \1\ 1
------------------------------------------------------------------------
\1\ Pair.                                                               

    (iv) Protective latex gloves or equivalent nonpermeable gloves may 
be placed in the first aid kit or in a location that is readily 
accessible to crewmembers.
    (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 must be fastened. The signs 
must be constructed so that they can be turned on during any movement of 
the aircraft on the surface, for each takeoff or landing, and at other 
times considered necessary by the pilot in command. ``No smoking'' signs 
shall be turned on when required by Sec. 135.127.
    (4) [Reserved]
    (b) Each item of equipment must be inspected regularly under 
inspection periods established in the operations specifications to 
ensure its condition

[[Page 659]]

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; Amdt. 135-43, 57 FR 19245, May 4, 1992; 
Amdt. 135-44, 57 FR 42676, Sept. 15, 1992; Amdt. 135-47, 59 FR 1781, 
Jan. 12, 1994; Amdt. 135-53, 59 FR 52643, Oct. 18, 1994; 59 FR 55208, 
Nov. 4, 1994]



Sec. 135.178  Additional emergency equipment.

    No person may operate an airplane having a passenger seating 
configuration of more than 19 seats, unless it has the additional 
emergency equipment specified in paragraphs (a) through (l) of this 
section.
    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more than 6 
feet from the ground, with the airplane on the ground and the landing 
gear extended, must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor-level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings; however, the Administrator 
may grant a deviation from the requirement of automatic deployment if he 
finds that the design of the exit makes compliance impractical, if the 
assisting means automatically erects upon deployment and, with respect 
to required emergency exits, if an emergency evacuation demonstration is 
conducted in accordance with Sec. 121.291(a) of this chapter. This 
paragraph does not apply to the rear window emergency exit of Douglas 
DC-3 airplanes operated with fewer than 36 occupants, including 
crewmembers, and fewer than five exits authorized for passenger use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and its 
means of opening must be conspicuously marked. The identity and locating 
of each passenger emergency exit must be recognizable from a distance 
equal to the width of the cabin. The location of each passenger 
emergency exit must be indicated by a sign visible to occupants 
approaching along the main passenger aisle. There must be a locating 
sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible, the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 25.812(b) of this chapter in effect on April 30, 
1972. On these airplanes, no sign may continue to be used if its 
luminescence (brightness) decreases to below 100 microlamberts. The 
colors may be reversed if it increases the emergency illumination of the 
passenger compartment. However, the Administrator may authorize 
deviation from the 2-inch background requirements if he finds that 
special circumstances exist that make compliance impractical and that 
the proposed deviation provides an equivalent level of safety.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
interior emergency exit marking requirements under which the airplane 
was type certificated. On these airplanes, no sign may

[[Page 660]]

continue to be used if its luminescence (brightness) decreases to below 
250 microlamberts.
    (c) Lighting for interior emergency exit markings. Each passenger-
carrying airplane must have an emergency lighting system, independent of 
the main lighting system; however, sources of general cabin illumination 
may be common to both the emergency and the main lighting systems if the 
power supply to the emergency lighting system is independent of the 
power supply to the main lighting system. The emergency lighting system 
must--
    (1) Illuminate each passenger exit marking and locating sign;
    (2) Provide enough general lighting in the passenger cabin so that 
the average illumination when measured at 40-inch intervals at seat 
armrest height, on the centerline of the main passenger aisle, is at 
least 0.05 foot-candles; and
    (3) For airplanes type certificated after January 1, 1958, include 
floor proximity emergency escape path marking which meets the 
requirements of Sec. 25.812(e) of this chapter in effect on November 26, 
1984.
    (d) Emergency light operation. Except for lights forming part of 
emergency lighting subsystems provided in compliance with Sec. 25.812(h) 
of this chapter (as prescribed in paragraph (h) of this section) that 
serve no more than one assist means, are independent of the airplane's 
main emergency lighting systems, and are automatically activated when 
the assist means is deployed, each light required by paragraphs (c) and 
(h) of this section must:
    (1) Be operable manually both from the flightcrew station and from a 
point in the passenger compartment that is readily accessible to a 
normal flight attendant seat;
    (2) Have a means to prevent inadvertent operation of the manual 
controls;
    (3) When armed or turned on at either station, remain lighted or 
become lighted upon interruption of the airplane's normal electric 
power;
    (4) Be armed or turned on during taxiing, takeoff, and landing. In 
showing compliance with this paragraph, a transverse vertical separation 
of the fuselage need not be considered;
    (5) Provide the required level of illumination for at least 10 
minutes at the critical ambient conditions after emergency landing; and
    (6) Have a cockpit control device that has an ``on,'' ``off,'' and 
``armed'' position.
    (e) Emergency exit operating handles. (1) For a passenger-carrying 
airplane for which the application for the type certificate was filed 
prior to May 1, 1972, the location of each passenger emergency exit 
operating handle, and instructions for opening the exit, must be shown 
by a marking on or near the exit that is readable from a distance of 30 
inches. In addition, for each Type I and Type II emergency exit with a 
locking mechanism released by rotary motion of the handle, the 
instructions for opening must be shown by--
    (i) A red arrow with a shaft at least three-fourths inch wide and a 
head twice the width of the shaft, extending along at least 70 deg. of 
arc at a radius approximately equal to three-fourths of the handle 
length; and
    (ii) The word ``open'' in red letters 1 inch high placed 
horizontally near the head of the arrow.
    (2) For a passenger-carrying airplane for which the application for 
the type certificate was filed on or after May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown in accordance with the requirements under 
which the airplane was type certificated. On these airplanes, no 
operating handle or operating handle cover may continue to be used if 
its luminescence (brightness) decreases to below 100 microlamberts.
    (f) Emergency exit access. Access to emergency exits must be 
provided as follows for each passenger-carrying airplane:
    (1) Each passageway between individual passenger areas, or leading 
to a Type I or Type II emergency exit, must be unobstructed and at least 
20 inches wide.
    (2) There must be enough space next to each Type I or Type II 
emergency exit to allow a crewmember to assist in the evacuation of 
passengers without reducing the unobstructed width of the passageway 
below that required in paragraph (f)(1) of this section; however, the 
Administrator may authorize deviation from this requirement for an

[[Page 661]]

airplane certificated under the provisions of part 4b of the Civil Air 
Regulations in effect before December 20, 1951, if he finds that special 
circumstances exist that provide an equivalent level of safety.
    (3) There must be access from the main aisle to each Type III and 
Type IV exit. The access from the aisle to these exits must not be 
obstructed by seats, berths, or other protrusions in a manner that would 
reduce the effectiveness of the exit. In addition, for a transport 
category airplane type certificated after January 1, 1958, there must be 
placards installed in accordance with Sec. 25.813(c)(3) of this chapter 
for each Type III exit after December 3, 1992.
    (4) If it is necessary to pass through a passageway between 
passenger compartments to reach any required emergency exit from any 
seat in the passenger cabin, the passageway must not be obstructed. 
Curtains may, however, be used if they allow free entry through the 
passageway.
    (5) No door may be installed in any partition between passenger 
compartments.
    (6) If it is necessary to pass through a doorway separating the 
passenger cabin from other areas to reach a required emergency exit from 
any passenger seat, the door must have a means to latch it in the open 
position, and the door must be latched open during each takeoff and 
landing. The latching means must be able to withstand the loads imposed 
upon it when the door is subjected to the ultimate inertia forces, 
relative to the surrounding structure, listed in Sec. 25.561(b) of this 
chapter.
    (g) Exterior exit markings. Each passenger emergency exit and the 
means of opening that exit from the outside must be marked on the 
outside of the airplane. There must be a 2-inch colored band outlining 
each passenger emergency exit on the side of the fuselage. Each outside 
marking, including the band, must be readily distinguishable from the 
surrounding fuselage area by contrast in color. The markings must comply 
with the following:
    (1) If the reflectance of the darker color is 15 percent or less, 
the reflectance of the lighter color must be at least 45 percent.
    (2) If the reflectance of the darker color is greater than 15 
percent, at least a 30 percent difference between its reflectance and 
the reflectance of the lighter color must be provided.
    (3) Exits that are not in the side of the fuselage must have the 
external means of opening and applicable instructions marked 
conspicuously in red or, if red is inconspicuous against the background 
color, in bright chrome yellow and, when the opening means for such an 
exit is located on only one side of the fuselage, a conspicuous marking 
to that effect must be provided on the other side. ``Reflectance'' is 
the ratio of the luminous flux reflected by a body to the luminous flux 
it receives.
    (h) Exterior emergency lighting and escape route. (1) Each 
passenger-carrying airplane must be equipped with exterior lighting that 
meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.812 (f) and (g) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the exterior emergency 
lighting requirements under which the airplane was type certificated.
    (2) Each passenger-carrying airplane must be equipped with a slip-
resistant escape route that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of 
Sec. 25.803(e) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the slip-resistant escape 
route requirements under which the airplane was type certificated.
    (i) Floor level exits. Each floor level door or exit in the side of 
the fuselage (other than those leading into a cargo or baggage 
compartment that is not accessible from the passenger cabin) that is 44 
or more inches high and 20 or more inches wide, but not wider than

[[Page 662]]

46 inches, each passenger ventral exit (except the ventral exits on 
Martin 404 and Convair 240 airplanes), and each tail cone exit, must 
meet the requirements of this section for floor level emergency exits. 
However, the Administrator may grant a deviation from this paragraph if 
he finds that circumstances make full compliance impractical and that an 
acceptable level of safety has been achieved.
    (j) Additional emergency exits. Approved emergency exits in the 
passenger compartments that are in excess of the minimum number of 
required emergency exits must meet all of the applicable provisions of 
this section, except paragraphs (f) (1), (2), and (3) of this section, 
and must be readily accessible.
    (k) On each large passenger-carrying turbojet-powered airplane, each 
ventral exit and tailcone exit must be--
    (1) Designed and constructed so that it cannot be opened during 
flight; and
    (2) Marked with a placard readable from a distance of 30 inches and 
installed at a conspicuous location near the means of opening the exit, 
stating that the exit has been designed and constructed so that it 
cannot be opened during flight.
    (l) Portable lights. No person may operate a passenger-carrying 
airplane unless it is equipped with flashlight stowage provisions 
accessible from each flight attendant seat.

[Doc. No. 26530, 57 FR 19245, May 4, 1992; 57 FR 29120, June 30, 1992, 
as amended at 57 FR 34682, Aug. 6, 1992]



Sec. 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 certificate-holding district office 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 Secs. 179.197 and 21.199 of this chapter.

[Doc. No. 25780, 56 FR 12311, Mar. 22, 1991; 56 FR 14920, Apr. 8, 1991, 
as amended by Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 135.180  Traffic Alert and Collision Avoidance System.

    (a) Unless otherwise authorized by the Administrator, after December 
31, 1995, no person may operate a turbine powered airplane that has a 
passenger

[[Page 663]]

seat configuration, excluding any pilot seat, of 10 to 30 seats unless 
it is equipped with an approved traffic alert and collision avoidance 
system. If a TCAS II system is installed, it must be capable of 
coordinating with TCAS units that meet TSO C-119.
    (b) The airplane flight manual required by Sec. 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, as amended by Amdt. 135-54, 
59 FR 67587, Dec. 29, 1994]



Sec. 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]



Sec. 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

[[Page 664]]

    (d) It is a helicopter equipped with helicopter flotation devices.



Sec. 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.



    Subpart D--VFR/IFR Operating Limitations and Weather Requirements



Sec. 135.201  Applicability.

    This subpart prescribes the operating limitations for VFR/IFR flight 
operations and associated weather requirements for operations under this 
part.



Sec. 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.



Sec. 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 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--
    (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. 135-41, 
56 FR 65663, Dec. 17, 1991



Sec. 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.



Sec. 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.



Sec. 135.211  VFR: Over-the-top carrying passengers: Operating limitations.

    Subject to any additional limitations in Sec. 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

[[Page 665]]

    (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 Sec. 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]



Sec. 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 certificate-holding district office, 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 
air carrier operating certificate or operating certificate has been 
issued.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 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.



Sec. 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

[[Page 666]]

hour's flying time (at normal cruising speed, in still air) of the 
airport of departure.



Sec. 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.



Sec. 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.



Sec. 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]



Sec. 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

[[Page 667]]

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 takeoff 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 takeoff 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.



Sec. 135.227  Icing conditions: Operating limitations.

    (a) No pilot may take off an aircraft that has frost, ice, or snow 
adhering to any rotor blade, propeller, windshield, wing, stabilizing or 
control surface, to a powerplant installation, or to an airspeed, 
altimeter, rate of climb, or flight attitude instrument system, except 
under the following conditions:
    (1) Takeoffs may be made with frost adhering to the wings, or 
stabilizing or control surfaces, if the frost has been polished to make 
it smooth.
    (2) Takeoffs may be made with frost under the wing in the area of 
the fuel tanks if authorized by the Administrator.
    (b) No certificate holder may authorize an airplane to take off and 
no pilot may take off an airplane any time conditions are such that 
frost, ice, or snow may reasonably be expected to adhere to the airplane 
unless the pilot has completed all applicable training as required by 
Sec. 135.341 and unless one of the following requirements is met:
    (1) A pretakeoff contamination check, that has been established by 
the certificate holder and approved by the Administrator for the 
specific airplane type, has been completed within 5 minutes prior to 
beginning takeoff. A pretakeoff contamination check is a check to make 
sure the wings and control surfaces are free of frost, ice, or snow.
    (2) The certificate holder has an approved alternative procedure and 
under that procedure the airplane is determined to be free of frost, 
ice, or snow.
    (3) The certificate holder has an approved deicing/anti-icing 
program that

[[Page 668]]

complies with Sec. 121.629(c) of this chapter and the takeoff complies 
with that program.
    (c) 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.
    (d) 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.
    (e) 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.
    (f) 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 (c), (d), and (e) 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; Amdt. 135-46, 58 FR 69629, Dec. 30, 1993; 
Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 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 takeoff 
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.



                Subpart E--Flight Crewmember Requirements



Sec. 135.241  Applicability.

    Except as provided in Sec. 135.3, this subpart prescribes the flight 
crewmember requirements for operations under this part.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 121-
250, 60 FR 65950, Dec. 20, 1995]



Sec. 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--
    (1) Of a turbojet airplane, of an airplane having a passenger-seat 
configuration, excluding each crewmember seat, of 10 seats or more, or 
of a multiengine airplane in a commuter operation as defined in part 119 
of this chapter, 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.
    (2) Of a helicopter in a scheduled interstate air transportation 
operation by an air carrier within the 48 contiguous states unless that 
person holds an airline transport pilot certificate, appropriate type 
ratings, and an instrument rating.
    (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--

[[Page 669]]

    (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; Amdt. 135-1, 43 FR 49975, 
Oct 26, 1978, as amended by Amdt. 135-15, 46 FR 30971, June 11, 1981; 
Amdt. 135-58, 60 FR 65939, Dec. 20, 1995]

[[Page 670]]



Sec. 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 in a commuter 
operation, as defined in part 119 of this chapter 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; Amdt. 135-58, 60 FR 65940, Dec. 20, 1995]



Sec. 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]



Sec. 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.



Sec. 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

[[Page 671]]

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) No certificate holder or operator shall knowingly use any person 
to perform, nor shall any person perform for a certificate holder or 
operator, either directly or by contract, any safety-sensitive function 
if the person has a verified positive drug test result on or has refused 
to submit to a drug test required by appendix I to part 121 of this 
chapter and the person has not met the requirements of appendix I to 
part 121 of this chapter for returning to the performance of safety-
sensitive duties.

[Doc. No. 25148, 53 FR 47061, Nov. 21, 1988, as amended by Amdt. 135-51, 
59 FR 42933, Aug. 19, 1994]



Sec. 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, 53 FR 47061, Nov. 21, 1988]



Sec. 135.253  Misuse of alcohol.

    (a) This section applies to employees who perform a function listed 
in appendix J to part 121 of this chapter for a certificate holder or 
operator (covered employees). For the purpose of this section, a person 
who meets the definition of covered employee in appendix J is considered 
to be performing the function for the certificate holder or operator.
    (b) Alcohol concentration. No covered employee shall report for duty 
or remain on duty requiring the performance of safety-sensitive 
functions while having an alcohol concentration of 0.04 or greater. No 
certificate holder or operator having actual knowledge that an employee 
has an alcohol concentration of 0.04 or greater shall permit the 
employee to perform or continue to perform safety-sensitive functions.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. No certificate holder or operator 
having actual knowledge that a covered employee is using alcohol while 
performing safety-sensitive functions shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (d) Pre-duty use. (1) No covered employee shall perform flight 
crewmember or flight attendant duties within 8 hours after using 
alcohol. No certificate holder or operator having actual knowledge that 
such an employee has used alcohol within 8 hours shall permit the 
employee to perform or continue to perform the specified duties.
    (2) No covered employee shall perform safety-sensitive duties other 
than those specified in paragraph (d)(1) of this section within 4 hours 
after using alcohol. No certificate holder or operator having actual 
knowledge that such an employee has used alcohol within 4 hours shall 
permit the employee to perform or continue to perform safety-sensitive 
functions.
    (e) Use following an accident. No covered employee who has actual 
knowledge of an accident involving an aircraft for which he or she 
performed a safety-sensitive function at or near the time of the 
accident shall use alcohol for 8 hours following the accident, unless he 
or she has been given a post-accident test under appendix J of part 121 
of this chapter, or the employer has determined that the employee's 
performance could not have contributed to the accident.
    (f) Refusal to submit to a required alcohol test. No covered 
employee shall refuse to submit to a post-accident,

[[Page 672]]

random, reasonable suspicion, or follow-up alcohol test required under 
appendix J to part 121 of this chapter. No operator or certificate 
holder shall permit a covered employee who refuses to submit to such a 
test to perform or continue to perform safety-sensitive functions.

[Amdt. 135-48, 59 FR 7396, Feb. 15, 1994]



Sec. 135.255  Testing for alcohol.

    (a) Each certificate holder and operator must establish an alcohol 
misuse prevention program in accordance with the provisions of appendix 
J to part 121 of this chapter.
    (b) No certificate holder or operator shall use any person who meets 
the definition of ``covered employee'' in appendix J to part 121 to 
perform a safety-sensitive function listed in that appendix unless such 
person is subject to testing for alcohol misuse in accordance with the 
provisions of appendix J.

[Amdt. 135-48, 59 FR 7397, Feb. 15, 1994]



 Subpart F--Crewmember Flight Time and Duty Period Limitations and Rest 
                              Requirements

    Source: Docket No. 23634, 50 FR 29320, July 18, 1985, unless 
otherwise noted.



Sec. 135.261  Applicability.

    Sections 135.263 through 135.273 of this part prescribe flight time 
limitations, duty period 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 Sec. 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 Sec. 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).
    (e) Section 135.273 prescribes duty period limitations and rest 
requirements for flight attendants in all operations conducted under 
this part.

[Doc. No. 23634, 50 FR 29320, July 18, 1985, as amended by Amdt. 135-52, 
59 FR 42993, Aug. 19, 1994]



Sec. 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 Secs. 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.

[[Page 673]]



Sec. 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.



Sec. 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

[[Page 674]]

    (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.

[Doc. No. 23634, 50 FR 29320, July 18, 1989, as amended by Amdt. 135-33, 
54 FR 39294, Sept. 25, 1989; Amdt. 135-60, 61 FR 2616, Jan. 26, 1996]



Sec. 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 Secs. 135.244 and 
135.247; and
    (iii) A second in command (SIC) who meets the SIC qualifications of 
Sec. 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 Sec. 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.



Sec. 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.

[[Page 675]]

    (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.



Sec. 135.273  Duty period limitations and rest time requirements.

    (a) For purposes of this section--
    Calendar day means the period of elapsed time, using Coordinated 
Universal Time or local time, that begins at midnight and ends 24 hours 
later at the next midnight.
    Duty period means the period of elapsed time between reporting for 
an assignment involving flight time and release from that assignment by 
the certificate holder. The time is calculated using either Coordinated 
Universal Time or local time to reflect the total elapsed time.
    Flight attendant means an individual, other than a flight 
crewmember, who is assigned by the certificate holder, in accordance 
with the required minimum crew complement under the certificate holder's 
operations specifications or in addition to that minimum complement, to 
duty in an aircraft during flight time and whose duties include but are 
not necessarily limited to cabin-safety-related responsibilities.
    Rest period means the period free of all responsibility for work or 
duty should the occasion arise.
    (b) Except as provided in paragraph (c) of this section, a 
certificate holder may assign a duty period to a flight attendant only 
when the applicable duty period limitations and rest requirements of 
this paragraph are met.
    (1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, no certificate holder may assign a flight attendant to a 
scheduled duty period of more than 14 hours.
    (2) Except as provided in paragraph (b)(3) of this section, a flight 
attendant scheduled to a duty period of 14 hours or less as provided 
under paragraph (b)(1) of this section must be given a scheduled rest 
period of at least 9 consecutive hours. This rest period must occur 
between the completion of the scheduled duty period and the commencement 
of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section 
may be scheduled or reduced to 8 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 10 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period

[[Page 676]]

and must occur between the completion of the scheduled duty period and 
the commencement of the subsequent duty period.
    (4) A certificate holder may assign a flight attendant to a 
scheduled duty period of more than 14 hours, but no more than 16 hours, 
if the certificate holder has assigned to the flight or flights in that 
duty period at least one flight attendant in addition to the minimum 
flight attendant complement required for the flight or flights in that 
duty period under the certificate holder's operations specifications.
    (5) A certificate holder may assign a flight attendant to a 
scheduled duty period of more than 16 hours, but no more than 18 hours, 
if the certificate holder has assigned to the flight or flights in that 
duty period at least two flight attendants in addition to the minimum 
flight attendant complement required for the flight or flights in that 
duty period under the certificate holder's operations specifications.
    (6) A certificate holder may assign a flight attendant to a 
scheduled duty period of more than 18 hours, but no more than 20 hours, 
if the scheduled duty period includes one or more flights that land or 
take off outside the 48 contiguous states and the District of Columbia, 
and if the certificate holder has assigned to the flight or flights in 
that duty period at least three flight attendants in addition to the 
minimum flight attendant complement required for the flight or flights 
in that duty period under the certificate holder's operations 
specifications.
    (7) Except as provided in paragraph (b)(8) of this section, a flight 
attendant scheduled to a duty period of more than 14 hours but no more 
than 20 hours, as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, must be given a scheduled rest period of at least 12 
consecutive hours. This rest period must occur between the completion of 
the scheduled duty period and the commencement of the subsequent duty 
period.
    (8) The rest period required under paragraph (b)(7) of this section 
may be scheduled or reduced to 10 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 14 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period and must occur between the completion of the scheduled duty 
period and the commencement of the subsequent duty period.
    (9) Notwithstanding paragraphs (b)(4), (b)(5), and (b)(6) of this 
section, if a certificate holder elects to reduce the rest period to 10 
hours as authorized by paragraph (b)(8) of this section, the certificate 
holder may not schedule a flight attendant for a duty period of more 
than 14 hours during the 24-hour period commencing after the beginning 
of the reduced rest period.
    (10) No certificate holder may assign a flight attendant any duty 
period with the certificate holder unless the flight attendant has had 
at least the minimum rest required under this section.
    (11) No certificate holder may assign a flight attendant to perform 
any duty with the certificate holder during any required rest period.
    (12) Time spent in transportation, not local in character, that a 
certificate holder requires of a flight attendant and provides to 
transport the flight attendant to an airport at which that flight 
attendant is to serve on a flight as a crewmember, or from an airport at 
which the flight attendant was relieved from duty to return to the 
flight attendant's home station, is not considered part of a rest 
period.
    (13) Each certificate holder must relieve each flight attendant 
engaged in air transportation from all further duty for at least 24 
consecutive hours during any 7 consecutive calendar days.
    (14) A flight attendant is not considered to be scheduled for duty 
in excess of duty period limitations if the flights to which the flight 
attendant is assigned are scheduled and normally terminate within the 
limitations but due to circumstances beyond the control of the 
certificate holder (such as adverse weather conditions) are not at the 
time of departure expected to reach their destination within the 
scheduled time.
    (c) Notwithstanding paragraph (b) of this section, a certificate 
holder may apply the flight crewmember flight

[[Page 677]]

time and duty limitations and rest requirements of this part to flight 
attendants for all operations conducted under this part provided that--
    (1) The certificate holder establishes written procedures that--
    (i) Apply to all flight attendants used in the certificate holder's 
operation;
    (ii) Include the flight crewmember requirements contained in subpart 
F of this part, as appropriate to the operation being conducted, except 
that rest facilities on board the aircraft are not required; and
    (iii) Include provisions to add one flight attendant to the minimum 
flight attendant complement for each flight crewmember who is in excess 
of the minimum number required in the aircraft type certificate data 
sheet and who is assigned to the aircraft under the provisions of 
subpart F of this part, as applicable.
    (iv) Are approved by the Administrator and described or referenced 
in the certificate holder's operations specifications; and
    (2) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of duty period limitation and rest 
requirement procedures that are required by paragraph (c)(1) of this 
section and that had been granted final approval, the certificate holder 
must, after notification by the Administrator, make any changes in the 
procedures that are found necessary by the Administrator. Within 30 days 
after the certificate holder receives such notice, it may file a 
petition to reconsider the notice with the certificate-holding district 
office. The filing of a petition to reconsider stays the notice, pending 
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.

[Amdt. 135-52, 59 FR 42993, Aug. 19, 1994, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



               Subpart G--Crewmember Testing Requirements



Sec. 135.291  Applicability.

    Except as provided in Sec. 135.3, this subpart--
    (a) Prescribes the tests and checks required for pilot and flight 
attendant crewmembers and for the approval of check pilots in operations 
under this part; and
    (b) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Sec. 135.337 and Sec. 135.339 
to provide training, testing, and checking under contract or other 
arrangement to those persons subject to the requirements of this 
subpart.

[Doc. No. 26933, 61 FR 34561, July 2, 1996]



Sec. 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;

[[Page 678]]

    (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 Sec. 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]



Sec. 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;

[[Page 679]]

    (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.



Sec. 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 
Sec. 135.293(d).
    (1) The instrument proficiency check must--
    (i) For a pilot in command of an airplane under Sec. 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 
Sec. 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

[[Page 680]]

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]



Sec. 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 Sec. 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.



Sec. 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.



                           Subpart H--Training



Sec. 135.321  Applicability and terms used.

    (a) Except as provided in Sec. 135.3, this subpart prescribes the 
requirements applicable to--
    (1) A certificate holder under this part which contracts with, or 
otherwise arranges to use the services of a training center certificated 
under part 142 to perform training, testing, and checking functions;
    (2) Each certificate holder for establishing and maintaining an 
approved training program for crewmembers, check airmen and instructors, 
and other operations personnel employed or used by that certificate 
holder; and
    (3) Each certificate holder for the qualification, approval, and use 
of aircraft simulators and flight training devices in the conduct of the 
program.

[[Page 681]]

    (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.
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that provides training, 
testing, and checking under contract or other arrangement to certificate 
holders subject to the requirements of this part.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified due to 
not having met within the required period the--
    (i) Recurrent pilot testing requirements of Sec. 135.293;
    (ii) Instrument proficiency check requirements of Sec. 135.297; or
    (iii) Line checks required by Sec. 135.299.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 121-
250, 60 FR 65950, Dec. 20, 1995; Amdt. 135-63, 61 FR 34561, July 2, 
1996]



Sec. 135.323  Training program: General.

    (a) Each certificate holder required to have a training program 
under Sec. 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

[[Page 682]]

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.



Sec. 135.324  Training program: Special rules.

    (a) Other than the certificate holder, only another certificate 
holder certificated under this part or a training center certificated 
under part 142 of this chapter is eligible under this subpart to provide 
training, testing, and checking under contract or other arrangement to 
those persons subject to the requirements of this subpart.
    (b) A certificate holder may contract with, or otherwise arrange to 
use the services of, a training center certificated under part 142 of 
this chapter to provide training, testing, and checking required by this 
part only if the training center--
    (1) Holds applicable training specifications issued under part 142 
of this chapter;
    (2) Has facilities, training equipment, and courseware meeting the 
applicable requirements of part 142 of this chapter;
    (3) Has approved curriculums, curriculum segments, and portions of 
curriculum segments applicable for use in training courses required by 
this subpart; and
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Secs. 135.337 or 135.339 to provide training, 
testing, and checking to persons subject to the requirements of this 
subpart.

[Doc. No. 26933, 61 FR 34562, July 2, 1996]



Sec. 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.



Sec. 135.327  Training program: Curriculum.

    (a) Each certificate holder must prepare and keep current a written 
training program curriculum for each type

[[Page 683]]

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.



Sec. 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 Secs. 135.345 and 
135.349, as applicable.
    (3) Emergency training in Sec. 135.331.
    (b) Each training program must provide the initial and transition 
flight training in Sec. 135.347, as applicable.
    (c) Each training program must provide recurrent ground and flight 
training in Sec. 135.351.
    (d) Upgrade training in Secs. 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.



Sec. 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.

[[Page 684]]

    (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.



Sec. 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.



Sec. 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.

[[Page 685]]

    (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 Sec. 135.327.

[Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-1, 
44 FR 26738, May 7, l979]



Sec. 135.337  Qualifications: Check airmen (aircraft) and check airmen (simulator).

    (a) For the purposes of this section and Sec. 135.339:
    (1) A check airman (aircraft) is a person who is qualified to 
conduct flight checks in an aircraft, in a flight simulator, or in a 
flight training device for a particular type aircraft.
    (2) A check airman (simulator) is a person who is qualified to 
conduct flight checks, but only in a flight simulator, in a flight 
training device, or both, for a particular type aircraft.
    (3) Check airmen (aircraft) and check airmen (simulator) are those 
check airmen who perform the functions described in Secs. 135.321 (a) 
and 135.323(a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person serve 
as a check airman (aircraft) in a training program established under 
this subpart unless, with respect to the aircraft type involved, that 
person--
    (1) Holds the airman certificates and ratings required to serve as a 
pilot in command in operations under this part;
    (2) Has satisfactorily completed the training phases for the 
aircraft, including recurrent training, that are required to serve as a 
pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.339;
    (5) Holds at least a Class III medical certificate unless serving as 
a required crewmember, in which case holds a Class I or Class II medical 
certificate as appropriate.
    (6) Has satisfied the recency of experience requirements of 
Sec. 135.247; and
    (7) Has been approved by the Administrator for the check airman 
duties involved.
    (c) No certificate holder may use a person, nor may any person serve 
as a check airman (simulator) in a training program established under 
this subpart unless, with respect to the aircraft type involved, that 
person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the applicable airman certificates and ratings, except 
medical certificate, required 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, that are required to serve 
as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.339; and
    (5) Has been approved by the Administrator for the check airman 
(simulator) duties involved.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Check airmen who do not hold an appropriate medical certificate 
may function as check airmen (simulator), but may not serve as 
flightcrew members in operations under this part.
    (f) A check airman (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
preceding the performance of any check airman duty in a flight 
simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.

[[Page 686]]

    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered to be completed in the 
month required if completed in the calendar month before or the calender 
month after the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996]



Sec. 135.338  Qualifications: Flight instructors (aircraft) and flight instructors (simulator).

    (a) For the purposes of this section and Sec. 135.340:
    (1) A flight instructor (aircraft) is a person who is qualified to 
instruct in an aircraft, in a flight simulator, or in a flight training 
device for a particular type, class, or category aircraft.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct in a flight simulator, in a flight training device, or in both, 
for a particular type, class, or category aircraft.
    (3) Flight instructors (aircraft) and flight instructors (simulator) 
are those instructors who perform the functions described in 
Sec. 135.321(a) and 135.323 (a)(4) and (c).
    (b) No certificate holder may use a person, nor may any person serve 
as a flight instructor (aircraft) in a training program established 
under this subpart unless, with respect to the type, class, or category 
aircraft involved, that person--
    (1) Holds the airman certificates and ratings required to serve as a 
pilot in command in operations under this part;
    (2) Has satisfactorily completed the training phases for the 
aircraft, including recurrent training, that are required to serve as a 
pilot in command in operations under this part;
    (3) Has satisfactorily completed the proficiency or competency 
checks that are required to serve as a pilot in command in operations 
under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340;
    (5) Holds at least a Class III medical certificate; and
    (6) Has satisfied the recency of experience requirements of 
Sec. 135.247.
    (c) No certificate holder may use a person, nor may any person serve 
as a flight instructor (simulator) in a training program established 
under this subpart, unless, with respect to the type, class, or category 
aircraft involved, that person meets the provisions of paragraph (b) of 
this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command in operations under 
this part except before February 19, 1997 that person need not hold a 
type rating for the type, class, or category of aircraft involved.
    (2) Has satisfactorily completed the appropriate training phases for 
the aircraft, including recurrent training, that are required to serve 
as a pilot in command in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command in 
operations under this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 135.340.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) An airman who does not hold a medical certificate may function 
as a flight instructor in an aircraft if functioning as a non-required 
crewmember, but may not serve as a flightcrew member in operations under 
this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type, class, or category aircraft involved within the 12-month 
period preceding the performance of any flight instructor duty in a 
flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered completed in the month 
required if completed in the calendar month before, or

[[Page 687]]

in the calendar month after, the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996]



Sec. 135.339  Initial and transition training and checking: Check airmen (aircraft), check airmen (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a check airman unless--
    (1) That person has satisfactorily completed initial or transition 
check airman training; and
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts a proficiency or competency check under the 
observation of an FAA inspector or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before or the calendar month after the 
month in which it is due.
    (c) The initial ground training for check airmen must include the 
following:
    (1) Check airman duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The applicable methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory checks.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the aircraft.
    (d) The transition ground training for check airmen must include the 
approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
aircraft to which the check airman is in transition.
    (e) The initial and transition flight training for check airmen 
(aircraft) must include the following--
    (1) The safety measures for emergency situations that are likely to 
develop during a check;
    (2) The potential results of improper, untimely, or nonexecution of 
safety measures during a check;
    (3) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (4) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during checking.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for check airmen 
(simulator) must include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure competence 
to conduct the flight checks required by this part. This training and 
practice must be accomplished in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators, flight training 
devices, or both, to ensure competence to conduct the flight checks 
required by this part.

[Doc. No. 28471, 61 FR 30745, June 17, 1996]



Sec. 135.340  Initial and transition training and checking: Flight instructors (aircraft), flight instructors (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a flight instructor unless--
    (1) That person has satisfactorily completed initial or transition 
flight instructor training; and

[[Page 688]]

    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check airman, or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an aircraft, in a flight simulator, or in a flight 
training device. This paragraph applies after February 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, the 
month in which it is due.
    (c) The initial ground training for flight instructors must include 
the following:
    (1) Flight instructor duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The applicable methods, procedures, and techniques for 
conducting flight instruction.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory training 
progress.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the aircraft.
    (7) Except for holders of a flight instructor certificate--
    (i) The fundamental principles of the teaching-learning process;
    (ii) Teaching methods and procedures; and
    (iii) The instructor-student relationship.
    (d) The transition ground training for flight instructors must 
include the approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures applicable to 
the type, class, or category aircraft to which the flight instructor is 
in transition.
    (e) The initial and transition flight training for flight 
instructors (aircraft) must include the following--
    (1) The safety measures for emergency situations that are likely to 
develop during instruction;
    (2) The potential results of improper or untimely safety measures 
during instruction;
    (3) Training and practice from the left and right pilot seats in the 
required normal, abnormal, and emergency maneuvers to ensure competence 
to conduct the flight instruction required by this part; and
    (4) The safety measures to be taken from either the left or right 
pilot seat for emergency situations that are likely to develop during 
instruction.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for a flight 
instructor (simulator) must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. These maneuvers and procedures must 
be accomplished in full or in part in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators, flight training 
devices, or both, to ensure competence to conduct the flight instruction 
required by this part.

[Doc. No. 28471, 61 FR 30745, June 17, 1996; 61 FR 34927, July 3, 1996]



Sec. 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

[[Page 689]]

are adequately trained to meet the applicable knowledge and practical 
testing requirements of Secs. 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]



Sec. 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]



Sec. 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) Knowledge and 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);
    (iii) Operating in or near thunderstorms (including best penetrating 
altitudes), turbulent air (including clear

[[Page 690]]

air turbulence), icing, hail, and other potentially hazardous 
meteorological conditions; and
    (iv) Operating airplanes during ground icing conditions, (i.e., any 
time conditions are such that frost, ice, or snow may reasonably be 
expected to adhere to the airplane), if the certificate holder expects 
to authorize takeoffs in ground icing conditions, including:
    (A) The use of holdover times when using deicing/anti-icing fluids;
    (B) Airplane deicing/anti-icing procedures, including inspection and 
check procedures and responsibilities;
    (C) Communications;
    (D) Airplane surface contamination (i.e., adherence of frost, ice, 
or snow) and critical area identification, and knowledge of how 
contamination adversely affects airplane performance and flight 
characteristics;
    (E) Types and characteristics of deicing/anti-icing fluids, if used 
by the certificate holder;
    (F) Cold weather preflight inspection procedures;
    (G) Techniques for recognizing contamination on the airplane;
    (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; Amdt. 135-46, 58 FR 69630, Dec. 30, 1993]



Sec. 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.



Sec. 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.



Sec. 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.

[[Page 691]]

    (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 and training on operating during ground icing 
conditions, as prescribed in Sec. 135.341 and described in Sec. 135.345, 
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 Sec. 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; Amdt. 135-46, 58 FR 69630, Dec. 30, 1993]



Sec. 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, 53 FR 47061, Nov. 21, 1988]



          Subpart I--Airplane Performance Operating Limitations



Sec. 135.361  Applicability.

    (a) This subpart prescribes airplane performance operating 
limitations applicable to the operation of the categories of airplanes 
listed in Sec. 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.



Sec. 135.363  General.

    (a) Each certificate holder operating a reciprocating engine powered 
large transport category airplane shall comply with Secs. 135.365 
through 135.377.
    (b) Each certificate holder operating a turbine engine powered large 
transport category airplane shall comply with Secs. 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 Secs. 135.365 through 135.377.

[[Page 692]]

    (c) Each certificate holder operating a large nontransport category 
airplane shall comply with Secs. 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 Sec. 135.397.
    (e) Each certificate holder operating a small nontransport category 
airplane shall comply with Sec. 135.399.
    (f) The performance data in the Airplane Flight Manual applies in 
determining compliance with Secs. 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 Secs. 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 Sec. 135.398.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-21, 
52 FR 1836, Jan. 15, 1987]



Sec. 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.



Sec. 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;

[[Page 693]]

    (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.



Sec. 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.



Sec. 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 Sec. 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

[[Page 694]]

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.



Sec. 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 Sec. 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 
Sec. 135.377 and to arrive at an altitude of at least 1,000 feet 
directly over that airport.



Sec. 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

[[Page 695]]

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.



Sec. 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 Sec. 135.375(a) (1) 
and (2), can be brought to a full stop landing within 70 percent of the 
effective length of the runway.



Sec. 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 Sec. 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.

[[Page 696]]



Sec. 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 
Sec. 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.



Sec. 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 Sec. 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 Sec. 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

[[Page 697]]

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 Sec. 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 Sec. 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 Sec. 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 Sec. 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.



Sec. 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

[[Page 698]]

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.



Sec. 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 Sec. 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.



Sec. 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

[[Page 699]]

is started to a point at which the obstruction clearance plane 
associated with the other end of the runway intersects the runway 
centerline.



Sec. 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.



Sec. 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.



Sec. 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 
Sec. 135.393(b), can be brought to a full stop landing within 70 percent 
of the effective length of the runway.

[[Page 700]]



Sec. 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 Sec. 135.365, the takeoff limitations in Sec. 135.367 
(except paragraph (a)(3)), and the landing limitations in Secs. 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 Sec. 135.379 (except paragraphs (d) and (f)) and the 
landing limitations in Secs. 135.385 and 135.387.



Sec. 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 Secs. 135.385 
and 135.387 of this part. For purposes of this paragraph, Secs. 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, 52 FR 1836, Jan. 15, 1987]



Sec. 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 Sec. 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 Sec. 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 
Sec. 135.169(b)(6) unless that person complies with the landing 
limitations prescribed in Secs. 135.385 and 135.387 of this part. For 
purposes of this paragraph, Secs. 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]



     Subpart J--Maintenance, Preventive Maintenance, and Alterations



Sec. 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 Secs. 135.415, 
135.417, and 135.421. An approved aircraft inspection program may be 
used under Sec. 135.419.
    (2) Aircraft that are type certificated for a passenger seating 
configuration, excluding any pilot seat, of ten seats or

[[Page 701]]

more, shall be maintained under a maintenance program in Secs. 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.



Sec. 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 
Sec. 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.



Sec. 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

[[Page 702]]

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 Sec. 21.3 or Sec. 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.



Sec. 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 
certificate-holding district office:
    (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 Sec. 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.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2616, Jan. 26, 1996]



Sec. 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 Sec. 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 Sec. 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

[[Page 703]]

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 
Sec. 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.



Sec. 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.



Sec. 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 Sec. 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.

[[Page 704]]



Sec. 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.



Sec. 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 
Sec. 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 Sec. 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.



Sec. 135.429  Required inspection personnel.

    (a) No person may use any person to perform required inspections 
unless the

[[Page 705]]

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]



Sec. 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 certificate-holding district office within 30 days 
after the certificate holder receives the notice. Except in the case of 
an emergency requiring immediate action in the interest of safety, the 
filing of the petition stays the notice pending a decision by the 
Administrator.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-60, 
61 FR 2617, Jan. 26, 1996]



Sec. 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.

[[Page 706]]



Sec. 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.



Sec. 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.



Sec. 135.439  Maintenance recording requirements.

    (a) Each certificate holder shall keep (using the system specified 
in the manual required in Sec. 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 Sec. 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

[[Page 707]]

representative of the National Transportation Safety Board.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; 43 FR 49975, Oct. 26, 1978]



Sec. 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 Sec. 135.439(a)(2).
    (b) The records specified in Sec. 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 Sec. 135.439(c) to make the 
records available for inspection by the Administrator or any 
representative of the National Transportation Safety Board.



Sec. 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]

  Appendix A to Part 135--Additional Airworthiness Standards for 10 or 
                        More Passenger Airplanes

                              Applicability

    1. Applicability. This appendix prescribes the additional 
airworthiness standards required by Sec. 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.

                           Flight Requirements

    3. General. Compliance must be shown with the applicable 
requirements of subpart B of FAR part 23, as supplemented or modified in 
Secs. 4 through 10.

                               Performance

    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

[[Page 708]]

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- 

[[Page 709]]

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 deg.) at a calibrated 
airspeed not less than 1.3VS1.

                                  Trim

    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.

                                Stability

    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 plus-minus7\1/2\ percent of the trim speed.
    (b) Cruise stability. The stick force curve must have a stable slope 
for a speed range of plus-minus50 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.

[[Page 710]]

                                 Stalls

    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.

                             Control Systems

    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.

                        Instruments: Installation

    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.

                  Operating Limitations and Information

    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

[[Page 711]]

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).

                         Airplane Flight Manual

    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.

                          Airframe Requirements

                              Flight Loads

    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.

[[Page 712]]

    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.

                              Ground Loads

    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.

                           Fatigue Evaluation

    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.

                         Design and Construction

    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.

                              Landing Gear

    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

[[Page 713]]

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.

                   Personnel and Cargo Accommodations

    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:

------------------------------------------------------------------------
                                     Minimum main passenger aisle width 
                                   -------------------------------------
      Total seating capacity           Less than 25      25 inches and  
                                    inches from floor   more from floor 
------------------------------------------------------------------------
10 through 23.....................  9 inches.........  15 inches.       
------------------------------------------------------------------------

                              Miscellaneous

    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.

[[Page 714]]

    (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.

                               Propulsion

                                 General

    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

[[Page 715]]

    (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.

                         Fuel System Components

    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.

                                 Cooling

    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 deg. 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.

                            Induction System

    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.

[[Page 716]]

                             Exhaust System

    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.

                   Powerplant Controls and Accessories

    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.

                       Powerplant Fire Protection

    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.

                                Equipment

    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.

                         Systems and Equipments

                                 General

    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;

[[Page 717]]

    (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.

                    Electrical Systems and Equipment

    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.

                         Appendix B to Part 135--Airplane Flight Recorder Specifications                        
----------------------------------------------------------------------------------------------------------------
                                                       Installed system                                         
                                                          \1\ minimum      Sampling interval    Resolution \4\  
           Parameters                    Range           accuracy (to        (per second)          read out     
                                                        recovered data)                                         
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on   8 hr minimum......  0.125%  1.................  1 sec.            
 prior to takeoff).                                    per hour.                                                
Indicated airspeed..............  Vso to VD (KIAS)..  5% or   1.................  1% \3\.           
                                                       10                                           
                                                       kts., whichever                                          
                                                       is greater.                                              
                                                       Resolution 2 kts.                                        
                                                       below 175 KIAS.                                          
Altitude........................  -1,000 ft. to max   100 to  1.................  25 to 150         
                                   cert. alt. of A/C.  700                                          
                                                       ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic heading................  360 deg...........  5 deg.  1.................  1 deg.            

[[Page 718]]

                                                                                                                
Vertical acceleration...........  -3g to +6g........  0.2g    4 (or 1 per second  0.03g.            
                                                       in addition to      where peaks, ref.                    
                                                       0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal acceleration.......  1.0g..  1.5%    2.................  0.01g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch attitude..................  100% of usable....  2 deg.  1.................  0.8 deg.          
Roll attitude...................  60 deg  2 deg.  1.................  0.8 deg.          
                                   . or 100% of                                                                 
                                   usable range,                                                                
                                   whichever is                                                                 
                                   greater.                                                                     
Stabilizer trim position........  Full range........  3%      1.................  1% \3\.           
                                                       unless higher                                            
                                                       uniquely required.                                       
      Or                                                                                                        
Pitch control position..........  Full range........  3%      1.................  1% \3\.           
                                                       unless higher                                            
                                                       uniquely required.                                       
                                                                                                                
    Engine Power, Each Engine                                                                                   
                                                                                                                
Fan or N1 speed or EPR or         Maximum range.....  5%....  1.................  1% \3\.           
 cockpit indications used for                                                                                   
 aircraft certification.                                                                                        
      Or                                                                                                        
Prop. speed and torque (sample    ..................  ..................  1 (prop speed), 1                     
 once/sec as close together as                                             (torque).                            
 practicable).                                                                                                  
Altitude rate \2\ (need depends   8,000   10%.    1.................  250 fpm Below     
 on altitude resolution).          fpm.                Resolution 250                          12,000           
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
Angle of attack \2\ (need         -20 deg. to 40      2 deg.  1.................  0.8% \3\          
 depends on altitude resolution).  deg. or of usable                                                            
                                   range.                                                                       
Radio transmitter keying          On/off............  ..................  1.................                    
 (discrete).                                                                                                    
TE flaps (discrete or analog)...  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP).                                                                     
                                     Or                                                                         
                                  Analog 0-100%       3 deg.  1.................  1% \3\            
                                   range.                                                                       
LE flaps (discrete or analog)...  Each discrete       ..................  1.................                    
                                   position (U, D, T/                                                           
                                   O, AAP).                                                                     
                                     Or                                                                         
                                  Analog 0-100%       3 deg.  1.................  1% \3\.           
                                   range.                                                                       
Thrust reverser, each engine      Stowed or full      ..................  1.................                    
 (Discrete).                       reverse.                                                                     
Spoiler/speedbrake (discrete)...  Stowed or out.....  ..................  1.................                    
Autopilot engaged (discrete)....  Engaged or          ..................  1.................                    
                                   disengaged.                                                                  
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)    
  shall contribute no more than half of the values in this column.                                              
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these         
  parameters should also be recorded. If however, altitude is recorded at a minimum resolution of 25 feet, then 
  these two parameters can be omitted.                                                                          
\3\ Per cent of full range.                                                                                     
\4\ This column applies to aircraft manufacturing after October 11, 1991.                                       

[Doc. No. 25530, 53 FR 26152, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

                        Appendix C to Part 135--Helicopter Flight Recorder Specifications                       
----------------------------------------------------------------------------------------------------------------
                                                       Installed system                                         
                                                          \1\ minimum      Sampling interval    Resolution \3\  
           Parameters                    Range           accuracy (to        (per second)          read out     
                                                        recovered data)                                         
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on   8 hr minimum......  0.125%  1.................  1 sec.            
 prior to takeoff).                                    per hour.                                                
Indicated airspeed..............  Vmin to VD (KIAS)   5% or   1.................  1 kt.             
                                   (minimum airspeed   10                                           
                                   signal attainable   kts., whichever                                          
                                   with installed      is greater.                                              
                                   pilot-static                                                                 
                                   system).                                                                     
Altitude........................  -1,000 ft. to       100 to  1.................  25 to 150 ft.     
                                   20,000 ft.          700                                          
                                   pressure altitude.  ft. (see Table 1,                                        
                                                       TSO C51-a).                                              
Magnetic heading................  360 deg...........  5 deg.  1.................  1 deg..           

[[Page 719]]

                                                                                                                
Vertical acceleration...........  -3g to +6g........  0.2g    4 (or 1 per second  0.05g.            
                                                       in addition to      where peaks, ref.                    
                                                       0.3g    to 1g are                            
                                                       maximum datum.      recorded).                           
Longitudinal acceleration.......  1.0g..  1.5%    2.................  0.03g.            
                                                       max. range                                               
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch attitude..................  100% of usable      2 deg.  1.................  0.8 deg..         
                                   range.                                                                       
Roll attitude...................  60 deg  2 deg.  1.................  0.8 deg..         
                                   . or 100% of                                                                 
                                   usable range,                                                                
                                   whichever is                                                                 
                                   greater.                                                                     
Altitude rate...................  8,000   10%     1.................  250 fpm below     
                                   fpm.                Resolution 250                          12,000.          
                                                       fpm below 12,000                                         
                                                       ft. indicated.                                           
    Engine Power, Each Engine                                                                                   
                                                                                                                
Main rotor speed................  Maximum range.....  5%....  1.................  1% \2\            
Free or power turbine...........  Maximum range.....  +5%...............  1.................  1% \2\            
Engine torque...................  Maximum range.....  5%....  1.................  1% \2\            
                                                                                                                
    Flight Control--Hydraulic                                                                                   
            Pressure                                                                                            
                                                                                                                
Primary (discrete)..............  High/low..........  ..................  1.................                    
Secondary--if applicable          High/low..........  ..................  1.................                    
 (discrete).                                                                                                    
Radio transmitter keying          On/off............  ..................  1.................                    
 (discrete).                                                                                                    
Autopilot engaged (discrete)....  Engaged or          ..................  1.................                    
                                   disengaged.                                                                  
SAS status--engaged (discrete)..  Engaged/disengaged  ..................  1.................                    
SAS fault status (discrete).....  Fault/OK..........  ..................  1.................                    
                                                                                                                
         Flight Controls                                                                                        
                                                                                                                
Collective......................  Full range........  3%....  2.................  1% \2\            
Pedal position..................  Full range........  3%....  2.................  1% \2\            
Lat. cyclic.....................  Full range........  3%....  2.................  1% \2\            
Long. cyclic....................  Full range........  3%....  2.................  1% \2\            
Controllable stabilator position  Full range........  3%....  2.................  1% \2\            
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)    
  shall contribute no more than half of the values in this column.                                              
\2\ Per cent of full range.                                                                                     
\3\ This column applies to aircraft manufactured after October 11, 1991.                                        

[Doc. No. 25530, 53 FR 26152, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

                         Appendix D to Part 135--Airplane Flight Recorder Specification                         
----------------------------------------------------------------------------------------------------------------
                                                        Accuracy sensor                                         
           Parameters                    Range           input to DFDR     Sampling interval    resolution \4\  
                                                            readout          (per second)          read out     
----------------------------------------------------------------------------------------------------------------
Time (GMT or Frame Counter)       24 Hrs............  0.125%  0.25 (1 per 4       1 sec.            
 (range 0 to 4095, sampled 1 per                       Per Hour.           seconds).                            
 frame).                                                                                                        
Altitude........................  -1,000 ft to max    100 to  1.................  5 to 35 \1\.      
                                   certificated        700                                          
                                   altitude of         ft (See Table 1,                                         
                                   aircraft.           TSO-C51a).                                               
Airspeed........................  50 KIAS to Vso,     5%,     1.................  1kt               
                                   and Vso to 1.2 VD.  3%.                                          
Heading.........................  360...............  2.....  1.................  0.5               
Normal Acceleration (Vertical)..  -3g to +6g........  1% of   8.................  0.01g             
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  75....  2.....  1.................  0.5               
Roll Attitude...................  180...  2.....  1.................  0.5.              
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  ..................
Thrust/Power on Each Engine.....  Full range forward  2%....  1 (per engine)....  0.2% \2\.         
Trailing Edge Flap or Cockpit     Full range or each  3 or    0.5...............  0.5% \2\.         
 Control Selection.                discrete position.  as pilot's                                               
                                                       indicator.                                               
Leading Edge Flap on or Cockpit   Full range or each  3 or    0.5...............  0.5% \2\.         
 Control Selection.                discrete position.  as pilot's                                               
                                                       indicator.                                               

[[Page 720]]

                                                                                                                
Thrust Reverser Position........  Stowed, in          ..................  1 (per 4 seconds    ..................
                                   transit, and                            per engine).                         
                                   reverse                                                                      
                                   (discretion).                                                                
Ground Spoiler Position/Speed     Full range or each  2%      1.................  0.22 \2\.         
 Brake Selection.                  discrete position.  unless higher                                            
                                                       accuracy uniquely                                        
                                                       required.                                                
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pilot Input And/or Surface        Full range........  2       1.................  0.2% \2\.         
 Position-Primary Controls                             unless higher                                            
 (Pitch, Roll, Yaw) \3\.                               accuracy uniquely                                        
                                                       required.                                                
Lateral Acceleration............  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Trim Position.............  Full range........  3%      1.................  0.3%\2\.          
                                                       unless higher                                            
                                                       accuracy uniquely                                        
                                                       required.                                                
Glideslope Deviation............  400     3%....  1.................  0.3% \2\.         
                                   Microamps.                                                                   
Localizer Deviation.............  400     3%....  1.................  0.3% \2\.         
                                   Microamps.                                                                   
AFCS Mode And Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft    1.................  1 ft + 5% \2\     
                                                       or 3%                       above 500.       
                                                       whichever is                                             
                                                       greater below 500                                        
                                                       ft and 5% above                                           
                                                       500 ft.                                                  
Master Warning..................  Discrete..........  ..................  1.................  ..................
Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................
Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% \2\.         
 directly).                                                                                                     
Outside Air Temperature or Total  -50C to +90c......  2c....  0.5...............  0.3c              
 Air Temperature.                                                                                               
Hydraulics, Each System Low       Discrete..........  ..................  0.5...............  or 0.5% \2\.      
 Pressure.                                                                                                      
Groundspeed.....................  As installed......  Most accurate       1.................  0.2% \2\.         
                                                       systems installed                                        
                                                       (IMS equipped                                            
                                                       aircraft only).                                          
                                                                                                                
----------------------------------------------------------------------------------------------------------------
    If additional recording capacity is available, recording of the following parameters is recommended. The    
                                 parameters are listed in order of significance:                                
                                                                                                                
----------------------------------------------------------------------------------------------------------------
Drift Angle.....................  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Wind Speed and Direction........  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Latitude and Longitude..........  When available. As  As installed......  4.................  ..................
                                   installed.                                                                   
Brake pressure/Brake pedal        As installed......  As installed......  1.................  ..................
 position.                                                                                                      
Additional engine parameters:                                                                                   
    EPR.........................  As installed......  As installed......  1 (per engine)....  ..................
    N 1.........................  As installed......  As installed......  1 (per engine)....  ..................
    N 2.........................  As installed......  As installed......  1 (per engine)....  ..................
EGT.............................  As installed......  As installed......  1 (per engine)....  ..................
Throttle Lever Position.........  As installed......  As installed......  1 (per engine)....  ..................
Fuel Flow.......................  As installed......  As installed......  1 (per engine)....  ..................
TCAS:                                                                                                           
    TA..........................  As installed......  As installed......  1.................  ..................
    RA..........................  As installed......  As installed......  1.................  ..................
    Sensitivity level (as         As installed......  As installed......  2.................  ..................
     selected by crew).                                                                                         
GPWS (ground proximity warning    Discrete..........  ..................  1.................  ..................
 system).                                                                                                       
Landing gear or gear selector     Discrete..........  ..................  0.25 (1 per 4       ..................
 position.                                                                 seconds).                            
DME 1 and 2 Distance............  0-200 NM;.........  As installed......  0.25..............  1mi.              
Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............                    
----------------------------------------------------------------------------------------------------------------
\1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the    
  derivation of altitude to 5 feet.                                                                             
\2\ Per cent of full range.                                                                                     

[[Page 721]]

                                                                                                                
\3\ For airplanes that can demonstrate the capability of deriving either the control input on control movement  
  (one from the other) for all modes of operation and flight regimes, the ``or'' applies. For airplanes with non-
  mechanical control systems (fly-by-wire) the ``and'' applies. In airplanes with split surfaces, suitable      
  combination of inputs is acceptable in lieu of recording each surface separately.                             
\4\ This column applies to aircraft manufactured after October 11, 1991.                                        

[Doc. No. 25530, 53 FR 26153, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

                        Appendix E to Part 135--Helicopter Flight Recorder Specifications                       
----------------------------------------------------------------------------------------------------------------
                                                        Accuracy sensor                                         
           Parameters                    Range           input to DFDR     Sampling interval    Resolution \2\  
                                                            readout          (per second)          read out     
----------------------------------------------------------------------------------------------------------------
Time (GMT)......................  24 Hrs............  0.125%  0.25 (1 per 4       1 sec             
                                                       Per Hour.           seconds).                            
Altitude........................  -1,000 ft to max    100 to  1.................  5 to 30.          
                                   certificated        700                                          
                                   altitude of         ft (See Table 1,                                         
                                   aircraft.           TSO-C51a).                                               
Airspeed........................  As the installed    3%....  1.................  1 kt              
                                   measuring system.                                                            
Heading.........................  360...............  2.....  1.................  0.5.              
Normal Acceleration (Vertical)..  -3g to +6g........  1% of   8.................  0.01g             
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Pitch Attitude..................  75....  2.....  2.................  0.5               
Roll Attitude...................  180...  2.....  2.................  0.5.              
Radio Transmitter Keying........  On-Off (Discrete).  ..................  1.................  0.25 sec          
Power in Each Engine: Free Power  0-130% (power       2%....  1 speed 1 torque    0.2% \1\ to 0.4%  
 Turbine Speed and Engine Torque.  Turbine Speed)                          (per engine).       \1\              
                                   Full range                                                                   
                                   (Torque).                                                                    
Main Rotor Speed................  0-130%............  2%....  2.................  0.3% \1\          
Altitude Rate...................  6,000   As installed......  2.................  0.2% \1\          
                                   ft/min.                                                                      
Pilot Input--Primary Controls     Full range........  3%....  2.................  0.5% \1\          
 (Collective, Longitudinal                                                                                      
 Cyclic, Lateral Cyclic, Pedal).                                                                                
Flight Control Hydraulic          Discrete, each      ..................  1.................  ..................
 Pressure Low.                     circuit.                                                                     
Flight Control Hydraulic          Discrete..........  ..................  1.................  ..................
 Pressure Selector Switch                                                                                       
 Position, 1st and 2nd stage.                                                                                   
AFCS Mode and Engagement Status.  Discrete (5 bits    ..................  1.................  ..................
                                   necessary).                                                                  
Stability Augmentation System     Discrete..........  ..................  1.................  ..................
 Engage.                                                                                                        
SAS Fault Status................  Discrete..........  ..................  0.25..............  ..................
Main Gearbox Temperature Low....  As installed......  As installed......  0.25..............  0.5% \1\          
Main Gearbox Temperature High...  As installed......  As installed......  0.5...............  0.5% \1\          
Controllable Stabilator Position  Full Range........  3%....  2.................  0.4% \1\.         
Longitudinal Acceleration.......  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       error of 5%.                                                
Lateral Acceleration............  1g....  1.5%    4.................  0.01g.            
                                                       max range                                                
                                                       excluding datum                                          
                                                       of 5%.                                       
Master Warning..................  Discrete..........  ..................  1.................  ..................
Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............  ..................
Outside Air Temperature.........  -50C to +90C......  2c....  0.5...............  0.3c              
----------------------------------------------------------------------------------------------------------------
\1\ Per cent of full range.                                                                                     
\2\ This column applies to aircraft manufactured after October 11, 1991.                                        

[Doc. No. 25530, 53 FR 26154, July 11, 1988; 53 FR 30906, Aug. 16, 1988]



PART 137--AGRICULTURAL AIRCRAFT OPERATIONS--Table of Contents




                           Subpart A--General

Sec.
137.1  Applicability.
137.3  Definition of terms.

                     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.

[[Page 722]]

                       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  Operations in controlled airspace designated for an airport.
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.

                     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. 106(g), 40103, 40113, 44701-44702.

    Source: Docket No. 1464, 30 FR 8106, June 24, 1965, unless otherwise 
noted.



                           Subpart A--General



Sec. 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]



Sec. 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]



                     Subpart B--Certification Rules



Sec. 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

[[Page 723]]

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]



Sec. 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]



Sec. 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]



Sec. 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

[[Page 724]]

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]



Sec. 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.



Sec. 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 Sec. 91.19(a) of 
this chapter, that operation is a basis for suspending or revoking the 
certificate.

[Doc. No. 12035, 38 FR 17493, July 2, 1973, as amended by Amdt. 137-12, 
54 FR 34332, Aug. 18, 1989]



                       Subpart C--Operating Rules



Sec. 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, Secs. 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, Secs. 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 Secs. 137.29, 
137.37, and Secs. 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]



Sec. 137.31   Aircraft requirements.

    No person may operate an aircraft unless that aircraft--
    (a) Meets the requirements of Sec. 137.19(d); and
    (b) Is equipped with a suitable and properly installed shoulder 
harness for use by each pilot.

[[Page 725]]



Sec. 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]



Sec. 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.



Sec. 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]



Sec. 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]



Sec. 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 
Sec. 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 
Sec. 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 Sec. 137.19(e). If 
the holder of that certificate has designated a person under 
Sec. 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.

[[Page 726]]



Sec. 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]



Sec. 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 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 Sec. 91.157(a)(2) of this chapter, an aircraft 
may be operated under the special VFR weather minimums without meeting 
the requirements prescribed therein.

[Amdt. 137-14, 56 FR 65664, Dec. 17, 1991, as amended by Amdt. 137-14, 
58 FR 32840, June 14, 1993]



Sec. 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.



Sec. 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.



Sec. 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]



Sec. 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.

[[Page 727]]

    (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]



Sec. 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

[[Page 728]]

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 Sec. 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]



Sec. 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.



Sec. 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.



Sec. 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.



                     Subpart D--Records and Reports



Sec. 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 Sec. 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.



Sec. 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.



Sec. 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]



PART 139--CERTIFICATION AND OPERATIONS: LAND AIRPORTS SERVING CERTAIN AIR CARRIERS--Table of Contents




                           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.

                        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.

[[Page 729]]

   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.

                          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. 106(g), 40113, 44701-44706, 44709, 44719.

    Source: Docket No. 24812, 52 FR 44282, Nov. 18, 1987, unless 
otherwise noted.



                           Subpart A--General



Sec. 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.



Sec. 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

[[Page 730]]

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]



Sec. 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.



                        Subpart B--Certification



Sec. 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.

[Doc. No. 25698, 55 FR 48214, Nov. 19, 1990]



Sec. 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]

[[Page 731]]



Sec. 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.



Sec. 139.107  Issuance of certificate.

    (a) An applicant for an airport operating certificate is entitled to 
a certificate if--
    (1) The provisions of Sec. 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 Sec. 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 Sec. 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.



Sec. 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.



Sec. 139.111  Exemptions.

    (a) An applicant or a certificate holder may petition the 
Administrator under Sec. 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 
Sec. 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]



Sec. 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]



   Subpart C--Airport Certification Manual and Airport Certification 
                             Specifications



Sec. 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

[[Page 732]]

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 Secs. 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 Sec. 139.207 as if that section applied to its airport 
operations manual.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119, Feb. 12, 1988]



Sec. 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.



Sec. 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 Sec. 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 
Sec. 139.305.
    (10) Procedures for maintaining the unpaved areas as required by 
Sec. 139.307.
    (11) Procedures for maintaining the safety areas as required by 
Sec. 139.309.
    (12) A description of, and procedures for maintaining, the marking 
and lighting systems as required by Sec. 139.311.
    (13) A snow and ice control plan as required by Sec. 139.313.
    (14) A description of the facilities, equipment, personnel, and 
procedures for meeting the rescue and firefighting requirements in 
Secs. 139.317 and 139.319.
    (15) Procedures for complying with the requirements of Sec. 139.321 
relating to hazardous substances and materials.
    (16) A description of, and procedures for maintaining, the traffic 
and wind direction indicators required by Sec. 139.323.
    (17) An emergency plan as required by Sec. 139.325.
    (18) Procedures for conducting the self-inspection program as 
required by Sec. 139.327.
    (19) Procedures for controlling ground vehicles as required by 
Sec. 139.329.

[[Page 733]]

    (20) Procedures for obstruction removal, marking, or lighting as 
required by Sec. 139.331.
    (21) Procedures for protection of navaids as required by 
Sec. 139.333.
    (22) A description of public protection as required by Sec. 139.335.
    (23) A wildlife hazard management plan as required by Sec. 139.337.
    (24) Procedures for airport condition reporting as required by 
Sec. 139.339.
    (25) Procedures for identifying, marking, and reporting construction 
and other unserviceable areas as required by Sec. 139.341.
    (26) Any other item which the Administrator finds is necessary in 
the public interest.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119 and 4258, Feb. 
12, 1988]



Sec. 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.



Sec. 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 Secs. 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 Sec. 139.215 as if 
that section applied to its airport operations specifications.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4119, Feb. 12, 1988]



Sec. 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.



Sec. 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.

[[Page 734]]

    (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 
Sec. 139.305.
    (8) Procedures for maintaining the unpaved areas as required by 
Sec. 139.307.
    (9) Procedures for maintaining the safety areas as required by 
Sec. 139.309.
    (10) A description of, and procedures for maintaining, the marking 
and lighting systems as required by Sec. 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 Sec. 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.



Sec. 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.



Sec. 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

[[Page 735]]

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]



                          Subpart D--Operations



Sec. 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.



Sec. 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.



Sec. 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.

[[Page 736]]



Sec. 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.



Sec. 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.



Sec. 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.

[[Page 737]]

    (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) Notwithstanding paragraph (a) of this section, a certificate 
holder is not required to provide the identified signs in paragraph 
(a)(3) of this section until January 1, 1995. Each certificate holder 
shall maintain each marking system that meets paragraph (a)(3) of this 
section.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987, as amended by Amdt. 139-15, 
53 FR 40843, Oct. 18, 1988; Amdt. 139-19, 57 FR 15164, Apr. 24, 1992; 
Amdt. 139-20, 59 FR 7120, Feb. 14, 1994]



Sec. 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 Sec. 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.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12, 1988]



Sec. 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.

[[Page 738]]

    (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 Sec. 139.319(c), the Index required by 
Sec. 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.



Sec. 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 Sec. 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:

[[Page 739]]

    (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.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; Amdt. 139-14, 53 FR 4120 
and 4258, Feb. 12, 1988]



Sec. 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,

[[Page 740]]

during air carrier operations at the airport, at least the rescue and 
firefighting capability specified for the Index required by 
Sec. 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 Sec. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 741]]

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.

[Doc. 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]



Sec. 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.

[[Page 742]]

    (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.

[Doc. No. 24812, 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]



Sec. 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 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.

[[Page 743]]

    (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]



Sec. 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

[[Page 744]]

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.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12, 1988]



Sec. 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.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4120, Feb. 12, 1988]



Sec. 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

[[Page 745]]

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]



Sec. 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.



Sec. 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.



Sec. 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.



Sec. 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.

[[Page 746]]

    (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.



Sec. 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 
Sec. 139.313.
    (5) Objects on the movement area or safety areas contrary to 
Sec. 139.309.
    (6) Malfunction of any lighting system required by Sec. 139.311.
    (7) Unresolved wildlife hazards as identified in accordance with 
Sec. 139.337.
    (8) Nonavailability of any rescue and firefighting capability 
required in Secs. 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

[[Page 747]]

which are acceptable to the Administrator.

[Doc. No. 24812, 52 FR 44282, Nov. 18, 1987; 53 FR 4258, Feb. 12, 1988]



Sec. 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.



Sec. 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.
[[Page 749]]



                              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

[[Page 751]]

            Material Approved for Incorporation by Reference

                     (Revised as of January 1, 1997)

  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 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         108.17; 129.26
  Equipment for the Detection of Items Prohibited 
  in Controlled Access Areas.


Federal Aviation Administration, Department of Transportation

  Document Inspection Facility, APA-220, 800 
  Independence Avenue, SW., Washington, DC 20591 
  (202) 267-3484
FAA Order 7400.9D, Airspace Designations and                        71.1
  Reporting Points, dated August 17, 1995 and 
  effective September 16, 1996 through September 
  15, 1997 (Copies may be inspected in Docket No. 
  27054 at the Federal Aviation Administration, 
  Office of the Chief Counsel, AGC-10, room 915G, 
  800 Independence Avenue, SW., Washington, DC 
  20591).
Standard Instrument Approach Procedures (SIAPS)...               Part 97

  Technical Standard Orders:

TSO-C10b, Aircraft Altimeter, Pressure, Activated,        91.36; 127.103
  Sensitive Type (Sept. 1, 1959).
TSO-C74, Airborne ATC Transponder Equipment (Feb.       91.24; 121.345; 
  20, 1973).                                            127.123; 135.145
TSO-C88, Automatic Pressure Altitude Digitizer            91.36; 127.103
  Equipment (Feb. 10, 1967).
TSO-C91, Emergency Locator Transmitters (Oct. 21,       91.52; 121.339; 
  1971).                                                121.353; 135.167
TSO-92B, Ground Proximity Warning-Glede Slope                    121.360
  Deviation Alerting Equipment (Aug. 19, 1976).




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       91.1 and 135.3(b)
  Aviation, Rules of the Air, 6th Ed. (1970), with 
  amendments through Amendment 20 (Aug. 1976).


Pratt & Whitney Aircraft Co.

  400 E. Main St., East Hartford, CT 06108

[[Page 752]]

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   91, Appendix A, Para 
  Adjustment Criteria for Airborne Localizer and                    3(a)
  Glide Slope Receivers.



[[Page 753]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 1997)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   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 Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       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)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
     XXIII  Department of Energy (Part 3301)

[[Page 754]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         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 Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)

[[Page 755]]

        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (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 Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      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  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)

[[Page 756]]

    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                599)

                           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)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        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)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      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)

[[Page 757]]

        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    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  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 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, Department of Commerce 
                (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)
      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

[[Page 758]]

        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)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             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)

          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)

                       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)

                     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 (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)

[[Page 759]]

        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       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)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      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)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          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)

[[Page 760]]

                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) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (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)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           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, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

[[Page 761]]

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   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)

                            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  Office of Labor-Management 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)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      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)

[[Page 762]]

       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)

                 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)

                      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, National 
                Archives and Records Administration (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)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               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)

[[Page 763]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          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)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             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)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             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)

[[Page 764]]

        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          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 People Who Are Blind or 
                Severely Disabled (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)
            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) [Reserved]
            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)

[[Page 765]]

                        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)

                   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)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             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)

                       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), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families 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, Administration for 
                Children and Families, 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)

[[Page 766]]

       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)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
        IV  Federal Maritime Commission (Parts 500--599)

                      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)

           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)

[[Page 767]]

        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        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)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        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)

                       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  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)

[[Page 768]]

         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

                   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 Fishing and Related Activities (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)

                      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
            Alphabetical List of Agencies Appearing in the CFR



[[Page 769]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 1997)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
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

[[Page 770]]

Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  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                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I

[[Page 771]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  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 Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
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                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  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,  34, III
       Office of
  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                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I

[[Page 772]]

  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
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  5, LXXIV; 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
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Consumer 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 the       45, V
     United States
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
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
     of Certain Employees
[[Page 773]]

  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
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, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI

[[Page 774]]

  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  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     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  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    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, 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    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, 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, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II

[[Page 775]]

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
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
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  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
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                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 776]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  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
  Surface Transportation Board                    49, X

[[Page 777]]

Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  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
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
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 Agricultural Outlook Board                  7, XXXVIII

[[Page 779]]

                                     

                                     



                          Redesignation Table 1




                          Cross Reference Table                         
------------------------------------------------------------------------
                Old section                          New section        
------------------------------------------------------------------------
91.1......................................  91.1 and 91.703.            
91.2......................................  91.193.                     
91.3......................................  91.3.                       
91.4......................................  91.5.                       
91.5......................................  91.103.                     
91.6......................................  91.189.                     
91.7......................................  91.105.                     
91.8......................................  91.11.                      
91.9......................................  91.13.                      
91.10.....................................  91.13.                      
91.11.....................................  91.17.                      
91.12.....................................  91.19.                      
91.13.....................................  91.15.                      
91.14.....................................  91.107.                     
91.15.....................................  91.307.                     
91.17.....................................  91.309.                     
91.18.....................................  91.311.                     
91.19.....................................  91.21.                      
91.20.....................................  91.705.                     
91.21.....................................  91.109.                     
91.22.....................................  91.151.                     
91.23.....................................  91.167.                     
91.24.....................................  91.215.                     
91.25.....................................  91.171.                     
91.26.....................................  91.221.                     
91.27.....................................  91.203.                     
91.28.....................................  91.715.                     
91.29.....................................  91.7.                       
91.30.....................................  91.213.                     
91.31.....................................  91.9.                       
91.32.....................................  91.211.                     
91.33.....................................  91.205.                     
91.34.....................................  91.191.                     
91.35.....................................  91.609.                     
91.36.....................................  91.217.                     
91.37.....................................  91.605.                     
91.38.....................................  91.323.                     
91.39.....................................  91.313.                     
91.40.....................................  91.315.                     
91.41.....................................  91.317.                     
91.42.....................................  91.319.                     
91.43.....................................  91.711.                     
91.45.....................................  91.611.                     
91.47.....................................  91.607.                     
91.49.....................................  91.603.                     
91.50.....................................  Deleted.                    
91.51.....................................  91.219.                     
91.52.....................................  91.207.                     
91.53.....................................  Deleted.                    
91.54.....................................  91.23.                      
91.55.....................................  91.817.                     
91.56.....................................  91.815.                     
91.57.....................................  91.25.                      
91.58.....................................  91.613.                     
91.59.....................................  91.321.                     
91.61.....................................  91.101.                     
91.63.....................................  91.903.                     
91.65.....................................  91.111 and 91.123.          
91.67.....................................  91.113.                     
91.69.....................................  91.115.                     
91.70.....................................  91.117.                     
91.71.....................................  91.303.                     
91.73.....................................  91.209.                     
91.75.....................................  91.123.                     
91.77.....................................  91.125.                     
91.79.....................................  91.119.                     
91.81.....................................  91.121.                     
91.83.....................................  91.153 and 91.169.          
91.84.....................................  91.707.                     
91.85.....................................  91.127.                     
91.87.....................................  91.129.                     
91.88.....................................  91.130.                     
91.89.....................................  91.127.                     
91.90.....................................  91.131.                     
91.91.....................................  91.137.                     
91.93.....................................  91.305.                     
91.95.....................................  91.133.                     
91.97.....................................  91.135.                     
91.100....................................  91.139.                     
91.101....................................  91.709.                     
91.102....................................  91.143.                     
91.103....................................  91.713.                     
91.104....................................  91.141.                     
91.105....................................  91.155.                     
91.107....................................  91.157.                     
91.109....................................  91.159.                     
91.115....................................  91.173.                     
91.116....................................  91.175.                     
91.117....................................  Deleted.                    
91.119....................................  91.177.                     
91.121....................................  91.179.                     
91.123....................................  91.181.                     
91.125....................................  91.183.                     
91.127....................................  91.185.                     
91.129....................................  91.187.                     
91.161....................................  91.401.                     
91.163....................................  91.403.                     
91.165....................................  91.405.                     
91.167....................................  91.407.                     
91.169....................................  91.409.                     
91.170....................................  91.415.                     
91.171....................................  91.411.                     
91.172....................................  91.413.                     
91.173....................................  91.417.                     
91.174....................................  91.419.                     
91.175....................................  91.421.                     
91.181....................................  91.501.                     
91.183....................................  91.503.                     
91.185....................................  91.505.                     
91.187....................................  91.507.                     
91.189....................................  91.509.                     
91.191....................................  91.511.                     
91.193....................................  91.513.                     
91.195....................................  91.515.                     

[[Page 780]]

                                                                        
91.197....................................  91.517.                     
91.199....................................  91.519.                     
91.200....................................  91.521.                     
91.201....................................  91.523.                     
91.203....................................  91.525.                     
91.205....................................  Deleted.                    
91.207....................................  Deleted.                    
91.209....................................  91.527.                     
91.211....................................  91.529.                     
91.213....................................  91.531.                     
91.215....................................  91.533.                     
91.301....................................  91.801.                     
91.302....................................  91.803.                     
91.303....................................  91.805.                     
91.305....................................  91.807.                     
91.306....................................  91.809.                     
91.307....................................  91.811.                     
91.308....................................  91.813.                     
91.309....................................  91.819.                     
91.311....................................  91.821.                     
Appendix A................................  Appendix A.                 
Appendix B................................  Appendix B.                 
Appendix C................................  Appendix C.                 
Appendix D................................  Appendix D.                 
Appendix E................................  Appendix E.                 
Appendix F................................  Appendix F.                 
------------------------------------------------------------------------


                          Cross Reference Table                         
------------------------------------------------------------------------
                New section                          Old section        
------------------------------------------------------------------------
91.1......................................  91.1.                       
91.3......................................  91.3.                       
91.5......................................  91.4.                       
91.7......................................  91.29.                      
91.9......................................  91.31.                      
91.11.....................................  91.8.                       
91.13.....................................  91.9 and 91.10.             
91.15.....................................  91.13.                      
91.17.....................................  91.11.                      
91.19.....................................  91.12.                      
91.21.....................................  91.19.                      
91.23.....................................  91.54.                      
91.25.....................................  91.57.                      
91.101....................................  91.61.                      
91.103....................................  91.5.                       
91.105....................................  91.7.                       
91.107....................................  91.14.                      
91.109....................................  91.21.                      
91.111....................................  91.65.                      
91.113....................................  91.67.                      
91.115....................................  91.69.                      
91.117....................................  91.70.                      
91.119....................................  91.79.                      
91.121....................................  91.81.                      
91.123....................................  91.75 and 91.65.            
91.125....................................  91.77.                      
91.127....................................  91.85 and 91.89.            
91.129....................................  91.87.                      
91.130....................................  91.88.                      
91.131....................................  91.90.                      
91.133....................................  91.95.                      
91.135....................................  91.97.                      
91.137....................................  91.91.                      
91.139....................................  91.100.                     
91.141....................................  91.104.                     
91.143....................................  91.102.                     
91.151....................................  91.22.                      
91.153....................................  91.83.                      
91.155....................................  91.105.                     
91.157....................................  91.107.                     
91.159....................................  91.109.                     
91.167....................................  91.23.                      
91.169....................................  91.83.                      
91.171....................................  91.25.                      
91.173....................................  91.115.                     
91.175....................................  91.116.                     
91.177....................................  91.119.                     
91.179....................................  91.121.                     
91.181....................................  91.123.                     
91.183....................................  91.125.                     
91.185....................................  91.127.                     
91.187....................................  91.129.                     
91.189....................................  91.6.                       
91.191....................................  91.34.                      
91.193....................................  91.2.                       
91.201....................................  New.                        
91.203....................................  91.27.                      
91.205....................................  91.33.                      
91.207....................................  91.52.                      
91.209....................................  91.73.                      
91.211....................................  91.32.                      
91.213....................................  91.30.                      
91.215....................................  91.24.                      
91.217....................................  91.36.                      
91.219....................................  91.51.                      
91.221....................................  91.26.                      
91.301....................................  New.                        
91.303....................................  91.71.                      
91.305....................................  91.93.                      
91.307....................................  91.15.                      
91.309....................................  91.17.                      
91.311....................................  91.18.                      
91.313....................................  91.39.                      
91.315....................................  91.40.                      
91.317....................................  91.41.                      
91.319....................................  91.42.                      
91.321....................................  91.59.                      
91.323....................................  91.38.                      
91.401....................................  91.161.                     
91.403....................................  91.163.                     
91.405....................................  91.165.                     
91.407....................................  91.167.                     
91.409....................................  91.169.                     
91.411....................................  91.171.                     
91.413....................................  91.172.                     
91.415....................................  91.170.                     
91.417....................................  91.173.                     
91.419....................................  91.174.                     
91.421....................................  91.175.                     
91.501....................................  91.181.                     
91.503....................................  91.183.                     
91.505....................................  91.185.                     
91.507....................................  91.187.                     
91.509....................................  91.189.                     
91.511....................................  91.191.                     
91.513....................................  91.193.                     
91.515....................................  91.195.                     
91.517....................................  91.197.                     
91.519....................................  91.199.                     
91.521....................................  91.200.                     
91.523....................................  91.201.                     
91.525....................................  91.203.                     
91.527....................................  91.209.                     
91.529....................................  91.211.                     
91.531....................................  91.213.                     
91.533....................................  91.215.                     
91.601....................................  New.                        
91.603....................................  91.49.                      
91.605....................................  91.37.                      
91.607....................................  91.47.                      
91.609....................................  91.35.                      
91.611....................................  91.45.                      

[[Page 781]]

                                                                        
91.613....................................  91.58.                      
91.701....................................  New.                        
91.703....................................  91.1.                       
91.705....................................  91.20.                      
91.707....................................  91.84.                      
91.709....................................  91.101.                     
91.711....................................  91.43.                      
91.713....................................  91.103.                     
91.715....................................  91.28.                      
91.801....................................  91.301.                     
91.803....................................  91.302.                     
91.805....................................  91.303.                     
91.807....................................  91.305.                     
91.809....................................  91.306.                     
91.811....................................  91.307.                     
91.813....................................  91.308.                     
91.815....................................  91.56.                      
91.817....................................  91.55.                      
91.819....................................  91.309.                     
91.821....................................  91.311.                     
91.901....................................  New.                        
 91.903...................................  91.63.                      
91.905....................................  New.                        
Appendix A................................  Appendix A.                 
Appendix B................................  Appendix B.                 
Appendix C................................  Appendix C.                 
Appendix D................................  Appendix D.                 
Appendix E................................  Appendix E.                 
Appendix F................................  Appendix F.                 
Newly Established Rules...................  91.201, 91.301, 91.601,     
                                             91.701, 91.901, 91.905.    
------------------------------------------------------------------------


[[Page 783]]

                                     



                          Redesignation Table 2



                          Cross Reference Table

------------------------------------------------------------------------
                Old section                          New section        
------------------------------------------------------------------------
75.1......................................  71.601.                     
75.11.....................................  71.603.                     
75.13.....................................  71.605.                     
75.17.....................................  Deleted.                    
75.100....................................  71.607.                     
75.400....................................  71.609.                     
------------------------------------------------------------------------


                                                                        
                New Section                          Old Section        
71.601....................................  75.1.                       
71.603....................................  75.11.                      
71.605....................................  75.13.                      
71.607....................................  75.100.                     
71.609....................................  75.400.                     
------------------------------------------------------------------------

                          Cross Reference Table

------------------------------------------------------------------------
                                              New section or FAA order  
                Old section                            7400.9           
------------------------------------------------------------------------
71.1......................................  71.1.                       
71.3......................................  71.73.                      
71.5......................................  71.75.                      
71.6......................................  71.77.                      
71.7......................................  Deleted.                    
71.9......................................  71.71.                      
71.11.....................................  Deleted.                    
71.12.....................................  71.41.                      
71.13.....................................  71.71.                      
71.14.....................................  71.51.                      
71.15.....................................  71.31.                      
71.17.....................................  71.5.                       
71.19.....................................  71.7.                       
71.101....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.103....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.105....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.107....................................  Subpart E of FAA Order      
                                             7400.9                     
71.109....................................  Subpart E of FAA Order      
                                             7400.9                     
71.121....................................  71.79.                      
71.123....................................  Subpart E of FAA Order      
                                             7400.9                     
71.125....................................  Subpart E of FAA Order      
                                             7400.9                     
71.127....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.151....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.161....................................  71.71 and Subpart E of FAA  
                                             Order 7400.9.              
71.163....................................  71.71 and Subpart E of FAA  
                                             Order 7400.9.              
71.165....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.171....................................  Subpart D or E of FAA Order 
                                             7400.9                     
71.181....................................  Subpart E of FAA Order      
                                             7400.9                     
71.193....................................  71.33.                      
71.201....................................  71.901.                     
71.203....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.207....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.209....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.211....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.213....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.215....................................  Subpart H of FAA Order      
                                             7400.9.                    
71.301....................................  Subpart E of FAA Order      
                                             7400.9.                    
71.401....................................  Subpart B of FAA Order      
                                             7400.9.                    
71.501....................................  Subpart C of FAA Order      
                                             7400.9.                    
71.601....................................  Deleted                     
71.603....................................  Subpart A of FAA Order      
                                             7400.9.                    
71.605....................................  Subpart A of FAA Order      
                                             7400.9.                    
71.607....................................  Subpart A of FAA Order      
                                             7400.9.                    
71.609....................................  Subpart A of FAA Order      
                                             7400.9.                    
------------------------------------------------------------------------


------------------------------------------------------------------------
                New Section                          Old Section        
------------------------------------------------------------------------
71.1......................................  71.1.                       
71.5......................................  71.17.                      

[[Page 784]]

                                                                        
71.7......................................  71.19.                      
71.9......................................  New.                        
71.31.....................................  71.15.                      
71.33.....................................  71.193.                     
71.41.....................................  71.12.                      
71.51.....................................  71.14.                      
71.61.....................................  New.                        
71.71.....................................  71.9, 71.13, 71.161, 71.163.
71.73.....................................  71.3.                       
71.75.....................................  71.5.                       
71.77.....................................  71.6.                       
71.79.....................................  71.121.                     
71.901....................................  71.201.                     
------------------------------------------------------------------------


------------------------------------------------------------------------
             FAA Order 7400.9                        Old Section        
------------------------------------------------------------------------
Subpart A.................................  71.603.                     
Subpart A.................................  71.605.                     
Subpart A.................................  71.607.                     
Subpart A.................................  71.609.                     
Subpart B.................................  71.401.                     
Subpart C.................................  71.501.                     
Subpart D or Subpart E....................  71.171.                     
Subpart E.................................  71.101.                     
Subpart E.................................  71.103.                     
Subpart E.................................  71.105.                     
Subpart E.................................  71.107.                     
Subpart E.................................  71.109.                     
Subpart E.................................  71.123.                     
Subpart E.................................  71.125.                     
Subpart E.................................  71.127.                     
Subpart E.................................  71.151.                     
Subpart E.................................  71.161.                     
Subpart E.................................  71.163.                     
Subpart E.................................  71.165.                     
Subpart E.................................  71.181.                     
Subpart E.................................  71.301.                     
Subpart H.................................  71.203.                     
Subpart H.................................  71.207.                     
Subpart H.................................  71.209.                     
Subpart H.................................  71.211.                     
Subpart H.................................  71.213.                     
Subpart H.................................  71.215.                     
------------------------------------------------------------------------


[[Page 785]]



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.

                                  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

[[Page 786]]

    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

[[Page 787]]

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

[[Page 788]]

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

                                  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

[[Page 789]]

    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

[[Page 790]]

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

                                  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,

[[Page 791]]

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,

[[Page 792]]

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

[[Page 793]]

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

                                  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

[[Page 794]]

    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

[[Page 795]]

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

[[Page 796]]

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

[[Page 797]]

    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

                                  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

[[Page 798]]

    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

[[Page 799]]

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

                                  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

[[Page 800]]

    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, 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, 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

[[Page 801]]

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  Authority citation revised....................................25451

[[Page 802]]

    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

                                  1992

14 CFR
                                                                   57 FR
                                                                    Page
Chapter I
61  Technical correction...........................................11575
61.201  (b) through (g) and (a) designation removed................60728
65  Technical correction...........................................11575
71  Technical corrections...................................11575, 20572
71.1  Revised; effective to 9-15-93.................................9642
71.1  ....10804, 10986, 11575, 11576, 11675, 12872, 14476, 14477, 19083, 
         19251, 19376, 19804, 19805, 20401, 20746, 22643, 24358, 26771, 
         27159, 27911, 28459--28461, 28999, 30115, 30637, 30822, 31961, 
         31962, 32722, 32890, 33110, 33872, 33873, 34075, 35984, 36601, 
         37410, 37878, 37879, 38434--38437, 39015, 40096, 40097, 42489, 
         44657--44660, 45981--45984, 46089, 46976--46979, 47176, 47764, 
                         47765, 47993, 53439, 53848, 57910, 59286, 59287
    Regulation at 56 FR 55031 corrected............................20044
    Regulation at 57 FR 24357 corrected............................33873
    Revised eff. 10-15-92 through 9-15-93..........................39015
    Introductory text revised; eff. 9-16-93........................39015
    Regulation at 57 FR 30822 corrected............................40095
    Regulation at 57 FR 46977 corrected............................54916
    Regulation at 57 FR 46978 corrected............................54916
    Regulation at 57 FR 46089 corrected............................54917
    Revised; eff. to 9-15-93.......................................56247
         Eff. 2-4-93...57661, 57662--57665, 57909, 57911, 58138, 58139, 
                  58699, 59287, 60449, 60729, 60731, 60982, 60983, 61258
    Eff. 3-4-93....................................................58137
    Regulation at 57 FR 38436 corrected............................60729
    Regulation at 57 FR 38437 corrected; eff. 2-4-93...............60730
    Regulation at 57 FR 53438 corrected............................62605
71.11  Revised; eff. to 9-15-93....................................56247
71.77  (b)(1) corrected.............................................3090
71.181  Regulation at 56 FR 64478 effective date corrected.........10987
71.203  .............................................................341
71.207  .............................................................341
71.401  .............................................................169
71.501  .............................................................170
71.607  Revised; eff. to 9-15-93...................................56248
71.609  Revised; eff. to 9-15-93...................................56248
73  Technical correction...........................................53385
73.23  ............................................................46980
73.25  .................................8840, 19251, 19252, 46980, 49390

[[Page 803]]

    Corrected......................................................58285
73.32  ............................................................22427
73.53  ............................................................46979
73.63  ............................................................26771
73.67  ............................................................47766
75  Technical correction...........................................11575
75.100  Corrected....................................................341
91  Technical correction...........................................11575
    Interpretation.................................................46944
    SFAR No. 65 added..............................................14473
    SFAR No. 50-2 amended..........................................26766
    SFAR No. 66 added..............................................28031
    SFAR No. 62 amended............................................30822
    SFAR No. 21, 44-5, 44-6, 47, 57, 61 removed....................60728
91.105  (b) introductory text revised..............................42671
91.107  Revised....................................................42671
91.205  (b)(12) revised............................................42672
91.215  Effective date; (b) corrected................................328
    (a) revised....................................................34618
91.325  Added......................................................41370
91.517  Revised....................................................42672
91.519  (a)(1) and (2) revised.....................................42672
91.535  Added......................................................42672
91.609  (b) added..................................................19353
91.875  OMB number..................................................5977
93  Technical correction...........................................11575
93.213  (a)(5) added...............................................37314
    Regulation at 57 FR 37314 effective date delayed to 1-1-93.....52590
93.221  (a)(1) amended; (a)(5) revised.............................37314
    Regulation at 57 FR 37314 effective date delayed to 1-1-93.....52590
93.223  (b), (c)(3) and (f) revised................................37314
    Regulation at 57 FR 37314 effective date delayed to 1-1-93.....52590
93.225  (c), (e), (g) and (h) revised..............................37314
    (e) corrected..................................................47993
    Regulation at 57 FR 37314 effective date delayed to 1-1-93.....52590
93.227  (a), (b), (d) and (g) revised..............................37315
    Regulation at 57 FR 37315 effective dated delayed to 1-1-93....52590
93.229  Removed....................................................37315
    Removal at 57 FR 37315 effective date delayed to 1-1-93........52590
95  ....................................6193, 24359, 36362, 44490, 56814
97.21--97.35  .....1078, 1081, 1223, 1224, 4360, 4362, 5978, 5981, 6469, 
        6474, 8398, 8401, 9661, 9663, 11677, 11679, 14478, 14480, 18811, 
         18813, 21594, 21596, 24182, 24183, 26772, 29000, 29443, 29444, 
         32723, 32725, 34222, 34513, 35985, 35987, 38272, 38274, 41075, 
         41076, 44086, 44088, 46775, 46777, 53021, 53023, 53024, 53026, 
                                              56823, 56824, 58701, 58703
101  Technical correction..........................................11575
103  Technical correction..........................................11575
105  Technical correction..........................................11575
121  Technical correction...................................11575, 53385
    SFAR No. 38-2 amended..........................................23923
    SFAR No. 34 removed............................................60728
121.305  (j) introductory text revised.............................42672
121.309  (c)(3), (4) and (5) redesignated as (c)(4), (5) and (7); 
        (c) introductory text, (2), new (c)(4), (5) and (7) 
        revised; new (c)(3) and (6) added..........................42672
121.310  (f)(3)(ii) revised; (f)(3)(iii), (iv) and (v) added.......19244
    (f)(3)(ii) and (iv) corrected..................................29120
121.311  (b) revised; (c) through (h) redesignated as (d) through 
        (i); new (d) amended; new (c) added........................42673
121.317  (e) amended; (b), (d), (f), (g) and (j) revised; (k) 
        added......................................................42673
121.337  (b)(9)(ii) revised........................................42674
121.570  Added.....................................................42674
121.571  (a)(1)(i) and (iii) revised...............................42674
121.577  Revised...................................................42674
121.585  (j) removed; heading, (a), (b)(3), (c), (d) introductory 
        text, (e)(1), (2), (f), (g), (k), (l), (m)(1), (2) and 
        (n)(1)(iii) revised........................................48663
121.629  (b) revised; (c) and (d) added; interim...................44942
121  Appendix I amended............................................31277
125  SFAR No. 38-2 amended.........................................23923
125.211  (b) revised; (c) through (e) redesignated as (d) through 
        (f); (c) added.............................................42674
125.217  Revised...................................................42675
125.327  (a)(1) and (2) revised....................................42675
125.333  Added.....................................................42675

[[Page 804]]

127  Technical correction..........................................11575
    SFAR No. 38-2 amended..........................................23923
129  SFAR No. 38-2 amended.........................................23923
135  Technical correction..........................................11575
    SFAR No. 38-2 amended..........................................23923
    SFAR No. 50-2 amended..........................................26766
135.117  (a)(1) and (2) revised....................................42675
    (a)(1) corrected...............................................43776
135.122  Added.....................................................42675
135.127  (b) and (f) revised; (g) and (h) added....................42675
135.128  Added.....................................................42676
135.129  (j) removed; heading, (a), (b)(3), (c), (d) introductory 
        text, (e)(1), (2), (f), (g), (k), (l), (m)(1), (2) and 
        (n)(1)(iii) revised........................................48664
135.153  Revised....................................................9951
135.177  (a)(4) removed............................................19245
    (a)(3) revised.................................................42676
135.178  Added.....................................................19245
    (b)(1) introductory text and (c)(1) corrected..................29120
    (f)(3) corrected...............................................34682
135.303  Removed...................................................42676
137  Technical correction..........................................11575
139  Technical correction...................................11575, 23126
139.311  (a)(3) compliance date stayed.............................15163
    (f) revised....................................................15164

                                  1993

14 CFR
                                                                   58 FR
                                                                    Page
Chapter I
61  Authority citation revised.....................................40566
61.56  Revised.....................................................40566
71  Technical correction.............................11886, 52140, 52808
    71.1  .......3216,  3217, 3218, 4315, 6371, 6884, 6885, 6886, 6887, 
            7485, 7744, 8897, 11373, 11373, 11374, 12136, 13007, 13704, 
         13705, 14517, 15254, 15265, 15762, 15763, 16488, 16489, 16611, 
         17323, 17494, 17495, 18344, 18345, 19209, 19574, 19575, 31653, 
         33908, 33909, 36597, 41181, 43071, 44126, 44274, 45047, 45048, 
         45049, 45050, 45051, 46540, 47040, 47041, 47042, 47043, 47044, 
         47045, 47046, 47372, 47373, 47374, 47375, 47376, 47632, 47634, 
         47635, 47830, 48302, 48727, 48792, 49425, 50254, 50255, 50514, 
                  50515, 51010, 51774, 54952, 59357, 59657, 61623, 64447
    Corrected.........4314, 6709, 7179, 8693, 8897, 12157, 19152, 21538, 
                         53859, 58277, 58593, 61729, 63211, 67669, 68740
    Revised; eff. 4-1-93 to 9-15-93................................12136
    Introductory text revised......................................12137
    Revised........................................................36298
    Eff. 1-6-94.........53122, 53123, 53124, 53394, 53395, 53396, 53859, 
                  54953, 54954, 57964, 59356, 59358, 63293, 65898, 67671
    Regulations at 58 FR 47041, 47372, 47373, 47374, 47632, 47634, 
47635 and 48727 eff. date delayed to 3-9-94........................60552
    Eff. 3-3-94.........62035, 63885, 63886, 63887, 64117, 64489, 64879, 
                                                     65900, 65901, 67670
    Regulation at 58 FR 36298 eff. date delayed to 12-8-94.........63274
    Eff. 1-10-94............................................64880, 64881
71.5  Amended......................................................36299
71.6  Removed......................................................12136
71.9  Revised; eff. 4-1-93 to 9-15-93..............................12136
71.31  Amended.....................................................36299
71.33  (c) added...................................................12137
71.41  Amended.....................................................36299
71.51  Amended.....................................................36299
71.61  Amended.....................................................36299
71.71  (a), (d) and (e) revised; (f) added.........................12137
    (c) revised....................................................15259
    (b) through (f) amended........................................36299
    (a) introductory text revised..................................44127
71.77  Removed.....................................................12137
71.79  Amended.....................................................36299
71.901  (a) amended................................................36299
73  SFAR No. 53 amended............................................69130
73.19  (a) and (c) amended.........................................42001
    73.25  ................................27653,  29523, 39649, 39650, 
                                                                   45052
    Eff. 1-6-94....................................................59360
    73.29  ......................................................6885,  
                                                                   38288
    73.31  .....................................................21250,  
                                                                   26225
    73.38  .....................................................38287,  
                                                                   52891
    Eff. 1-6-94....................................................54487
73.41  ............................................................39651
73.51  ............................................................45052
73.52  ............................................................39651
73.54  ............................................................18346
73.57  ............................................................17324
    Eff.  1-6-94...................................................59946
73.60  Eff. 1-6-94.................................................59359
73.66  ............................................................39651
73.67  ............................................................17324

[[Page 805]]

91  SFAR No. 64 added..............................................31641
    Technical correction....................................33189, 52140
    SFAR No. 66 added..............................................45221
    SFAR No. 62 amended............................................48728
    Corrected......................................................57549
    Comment disposition............................................59360
    Regulation at 58 FR 48728 eff. delayed to 3-9-94...............60552
    SFAR 64 corrected..............................................62035
91.117  (b) revised................................................32839
    (a) and (b) revised............................................43554
91.129  (e) introductory text, (1), (2) and (3) revised............48793
91.130  (a) revised................................................40736
    Technical correction...........................................42643
91.155  (c) revised................................................51968
91.157  Revised....................................................51968
91  appendix D amended.............................................51968
93  Policy statement..........................................230, 21095
93.81--93.83 (Subpart F)  Removed..................................12137
    Regulation at 58 FR 12137 eff. date delayed to 12-8-94.........63275
93.151  Introductory text and (b) revised..........................32839
93.181--93.191 (Subpart P)  Removed................................12137
93.221  (e)(1) and (2) revised; (e)(3), (5) and (8) removed; 
        (e)(4), (6) and (7) redesignated as (e)(3), (4) and (5); 
        new (e)(3) amended.........................................39616
93  appendix B removed.............................................39616
95.................................................................6887,
16490, 30108, 34701, 45053, 53860
    Eff. 1-6-94....................................................65902
97.................................................................34705
     97.21--97.35  ....3219,  3221, 4894, 4896, 6710, 6713, 7486, 7747, 
         10946, 10948, 15266, 15267, 15269, 15271, 17325, 17326, 26226, 
         26228, 27654, 27655, 28497, 28499, 30977, 30978, 32841, 32842, 
         34706, 38289, 38519, 40328, 40330, 44275, 44276, 45057, 45058, 
         47047, 47049, 48959, 48960, 51775, 51777, 53864, 54488, 58278, 
           58280, 60377, 60378, 63064, 63066, 65905, 65906, 68516, 68517
97.113  ...........................................................43072
108  Comment disposition...........................................36802
121  Special FAA conditions........................................34515
    Common preamble................................................68194
121.291  (a) revised...............................................45230
121.305  (j) introductory text revised.............................12158
121.417  (c)(1)(i), (d) and (f) revised; (c)(1)(ii) redesignated 
        as (c)(1)(iii); new (c)(1)(ii) added.......................46504
121  appendix D amended............................................45230
    appendix I amended.............................................68201
125  Special FAA conditions........................................34515
125.221  (a) revised; (b), (c) and (d) redesignated as (c), (d) 
        and (e); new (b) added; interim; eff. 1-31-94..............69629
125.287  (a)(7) and (8) amended; (a)(9) added; interim; eff. 1-31-
        94.........................................................69629
127  Authority citation revised....................................34515
    Special FAA conditions.........................................34515
129  Special FAA conditions........................................34515
    Authority citation revised.....................................34515
135  Authority citation revised....................................34515
    Special FAA conditions.........................................34515
    SFAR No. 38-2 amended..........................................34515
135.227  (a) revised; (b) through (e) redesignated as (c) through 
        (f); new (b) added; interim; eff. 1-31-94..................69629
135.345  (b)(6) introductory text revised; (b)(6)(ii) and (iii) 
        amended; (b)(6)(iv) added; interim; eff. 1-31-94...........69629
135.351  (b)(2) revised; interim; eff. 1-31-94.....................69630
137.43  (a) revised................................................32840

                                  1994

14 CFR
                                                                   59 FR
                                                                    Page
61  Authority citation revised...............................7388, 17646
61.14  Revised......................................................7389
61.57  Revised.....................................................56387
61.197  (c) revised................................................17646
63  Authority citation revised......................................7389
63.12b  Revised.....................................................7389
65  Authority citation revised......................................7389
65.23  Revised......................................................7389
65.46  (a)(2) and (d) revised; (e) removed; (f) redesignated as 
        (e)........................................................42927
65.46a  Added.......................................................7389
65.46b  Added.......................................................7389
67.13  (f)(3) added................................................46707
67.15  (f)(3) added................................................46707
67.17  (f)(3) added................................................46708

[[Page 806]]

67.25  (b) amended.................................................46708
    Corrected......................................................52894
    (b)  corrected.................................................60051
67.27  (b)(3) revised..............................................46708
71.1................................................................663,
1619, 1620, 1621, 1622, 1623, 2955, 3789, 4251, 4577, 4578, 5521, 6833, 
8131, 8132, 8396, 8521, 8522, 8523, 9073, 9629, 9920, 9921, 10740, 
10741, 10742, 10743, 10745, 10746, 10747, 10957, 10958, 11534, 11536, 
12160, 13195, 13196, 13647, 13648, 13649, 13879, 14548, 14745, 15616, 
15617, 15618, 15619, 18296, 18725, 18726, 19634, 22502, 22503, 22736, 
22737, 22738, 22969, 22970, 22971, 23617, 23618, 23619, 23620, 23621, 
23622, 24036, 24038, 24341, 24342, 24343, 24344, 24345, 24349, 24907, 
24909, 24911, 24912, 24913, 25298, 25299, 25301, 25302, 25562, 26597, 
26598, 26930, 26931, 27447, 27449, 27450, 27451, 27452, 28245, 28477, 
28478, 29190, 29543, 29937, 29938, 29939, 29940, 29945, 29946, 29947, 
29948, 29949, 30288, 30289, 32076, 33422, 33652, 34578, 34759, 34760, 
37157, 37667, 38556, 38558, 38559, 38561, 39434, 39435, 39436, 40228, 
40229, 40230, 40231, 40232, 40233, 40234, 40466, 40801, 40802, 41399, 
42490, 43446, 43447, 43448, 43449, 43450, 43451, 43453, 43454, 43455, 
43456, 43457, 43458, 43459, 45199, 45200, 45201, 46154, 46166, 46169, 
46328, 46329, 46750, 46752, 46916, 46917, 47247, 47249, 48389, 50254, 
50255, 51491, 51851, 51852, 52242, 52243, 52895, 54128, 55030, 55811, 
59643
    Regulation  at 58 FR 64881 eff. date corrected to 3-3-94.........662
    Regulation  at 58 FR 64879 eff. date corrected to 3-3-94.........947
         Corrected...1472,  2954, 3409, 5080, 6217, 8523, 19634, 22504, 
         25297, 26931, 28449, 30832, 32075, 34759, 35248, 36050, 38357, 
         38557, 38559, 38560, 43459, 45972, 46752, 49466, 51363, 51852, 
                                                     59642, 61268, 62314
    Regulations  at 58 FR 47041, 47371, 47372, 47373, 47631, 47633 
and 47635 eff. date delayed to 5-15-94.............................10743
    Regulations  at 58 FR 48722 and 59 FR 1619 eff. date delayed 
to 5-15-94.........................................................10744
    Regulation  at 59 FR 12960 eff. date corrected to 6-23-94......18724
    Regulations  at 58 FR 47041, 60552 and 59 FR 10743 eff. date 
delayed............................................................24914
    Regulations  at 59 FR 1619 and 10744 eff. date delayed.........24915
    Regulation  at 59 FR 19634 eff. date delayed to 8-18-94........26420
    Regulation  at 59 FR 24344 withdrawn...........................31518
    Revised;  eff. 9-16-94 through 9-15-95.........................43035
    Regulation  at 59 FR 43458 eff. date corrected to 10-13-94.....51852
    Eff.  2-2-95.........60309, 61524, 62310, 62315, 63718, 66671, 66672
    Eff.  2-28-95..................................................62311
    Eff.  3-30-95........62312, 62314, 63885, 65706, 65707, 66160, 66161
    Eff.  2-8-95...................................................62313
71.5  Amended; eff. 9-16-94 through 9-15-95........................43035
71.31  Amended; eff. 9-16-94 through 9-15-95.......................43035
71.33  (c) amended; eff. 9-16-94 through 9-15-95...................43035
71.41  Amended; eff. 9-16-94 through 9-15-95.......................43035
71.51  Amended; eff. 9-16-94 through 9-15-95.......................43035
71.61  Amended; eff. 9-16-94 through 9-15-95.......................43035
71.71  (b) through (f) amended; eff. 9-16-94 through 9-15-95.......43035
71.79  Amended; eff. 9-16-94 through 9-15-95.......................43035
71.901  (a) amended; eff. 9-16-94 through 9-15-95..................43035
73  Technical correction............................................3990
73.23..............................................................19635
73.24  Eff. 2-2-95.................................................59134
    73.25.......................................................19635,  
                                                                   46169
73.29..............................................................19636
73.30..............................................................10748
73.31..............................................................36692
73.33  Eff. 2-2-95.................................................55996
73.34  Eff. 2-2-95.................................................55996
73.42  Eff. 2-2-95.................................................59135
73.43  Eff. 2-2-95.................................................63245
73.51  Eff. 2-2-95..........................................55030, 63886
73.55  Eff. 2-2-95.................................................60310
    73.63.......................................................19637,  
                                                                   43460
73.67..............................................................22129
91  SFAR No. 67 added; eff. 5-10-94 to 5-10-95.....................25283

[[Page 807]]

    SFAR  No. 68 added; eff. 5-10-94 to 5-10-95....................25285
    SFAR  No. 69 added; eff. 5-13-94 to 5-13-95....................25810
    Technical  correction..........................................29716
    Authority  citation revised....................................32057
    Policy  statement..............................................39679
    SFAR  No. 71 added.............................................49145
    SFAR  No. 69 removed...........................................53584
    SFAR  No. 68 removed...........................................54385
    Petition  dispositions.........................................60310
91.126  (b) introductory text revised; (d) added...................11693
91.127  (c) added..................................................11693
91.130  (e) added..................................................11693
91.144  Added......................................................17452
    Correctly  designated; heading correctly added.................37669
91.207  (a) introductory text, (1) introductory text, (2) and 
        (c)(2) revised; (d) and (e) redesignated as (e) and (f); 
        new (e)(2) amended; new (d) added..........................32057
    (a)(1)  and (2) corrected......................................34578
91  appendix D amended.................................2918, 6547, 37667
    Regulation  at 59 FR 2918 eff. date delayed to 5-15-94.........10958
    Regulations  at 59 FR 2918, 6547 and 10958 eff. date delayed 
                                                                   24916
93  Study..........................................................15332
        Meetings.........................................48165,  51363, 
                                                                   53727
93.81  Revised.....................................................46154
93.83  Revised.....................................................46155
93.227  (a) revised; (l) added.....................................58771
    95.........................5081,  6549, 15045, 27454, 39437, 48167, 
                                                                   61525
     97.21--97.35......1624,  1626, 3790, 3791, 5523, 5524, 8525, 8526, 
         11183, 11184, 12817, 12818, 12822, 15620, 16120, 18477, 18479, 
         18727, 22739, 24917, 24918, 24920, 26933, 27457, 28479, 30676, 
         30677, 30681, 33423, 33425, 33429, 35249, 35251, 37416, 37418, 
         39944, 39945, 39947, 44912, 44914, 44915, 46330, 46332, 48169, 
         48170, 52244, 52245, 52246, 52418, 52419, 52420, 55206, 55207, 
                  59644, 59646, 61269, 61526, 61528, 63887, 63889, 63890
101.22  Added......................................................50393
101.25  Introductory text and (a) through (d) revised..............50393
121  SFAR No. 36 revised; eff. 1-23-94 through 1-23-99..............3940
    Technical  correction...........................................3990
    Authority  citation revised.......................7389, 62226, 62238
    Announcement...................................................59918
121.309  (d)  revised..............................................52642
    (d)(1)  corrected..............................................55208
121.339  (a)(4) revised............................................32057
121.343  (c) introductory text amended; (l) added..................26900
121.353  (b) revised...............................................32057
121.356  (b) revised...............................................67586
121.455  (c) revised; (d) removed..................................42928
121.458  Added......................................................7389
121.459  Added......................................................7390
121.461--121.465 (Subpart  P) Heading revised......................42991
121.461  Revised...................................................42991
121.467  Added.....................................................42991
121.683  (a)(1) revised (OMB number pending).......................42993
    Regulation  at 59 FR 42993 eff. 11-18-94.......................52683
121  Appendix A amended...............................1781, 52642, 62276
    Appendix J added................................................7390
    Appendix I revised.............................................42928
    Appendix J amended...............................53086, 62238, 62239
    Appendix I corrected....................................53869, 66672
    Appendix I amended.............................................62226
125  Authority citation revised.............................32057, 42993
125.37  Heading and (a) revised....................................42993
125.207  (a)(1)(iii) amended........................................1781
    (a)(1)(iii)  revised; (a)(1)(iv) added.........................52643
    (a)(1)(iii)  table corrected...................................55208
125.209  (b) revised...............................................32058
127  SFAR No. 36 revised............................................3940
129  Policy statement..............................................46332
129.18  (b) revised................................................67587
135  SFAR No. 36 revised............................................3940
    Authority  citation revised..............................7396, 32058
    SFAR  No. 71 added.............................................49145
135.1  (c) and (d) revised..........................................7396
135.63  (a)(3), (4)(x) and (b) revised; (a)(5) added (OMB number 
        pending)...................................................42993
    Regulation  at 59 FR 42993 eff. 11-18-94.......................52683
135.129  (a)(2) and (3) redesignated as (a)(3) and (4); (a)(2), 
        new (3) heading and new (4) heading added; (a)(1) revised 
                                                                   33603

[[Page 808]]

135.167  (c) revised...............................................32058
135.177  (a)(1)(iii) amended........................................1781
    (a)(1)(iii)  revised; (a)(1)(iv) added.........................52643
    (a)(1)(iii)  table corrected...................................55208
135.180  (a) revised...............................................67587
135.249  (c) revised; (d) removed..................................42933
135.253  Added......................................................7396
135.255  Added......................................................7397
135.261--135.271 (Subpart  F) Heading revised......................42993
135.261  Introductory text revised; (e) added......................42993
135.273  Added.....................................................42993
139.311  (f) revised................................................7120

                                  1995

14 CFR
                                                                   60 FR
                                                                    Page
61  SFAR No. 73 added; 3-27-95 through 5-30-97.....................11256
    SFAR No. 58 amended............................................51851
    Authority citation revised..............................51851, 67255
    Technical correction...........................................57334
61.57  (f) revised.................................................34081
63  SFAR No. 58 amended............................................51851
    Authority citation revised..............................51851, 67255
    Technical correction...........................................57334
65  SFAR No. 58 amended............................................51851
    Authority citation revised..............................51851, 67255
    Technical correction...........................................57334
67  Authority citation revised.....................................67255
71  Authority citation revised........36341, 36343, 36345, 36637, 40070, 
                                              48022, 48024, 61653, 67255
    71.1....339,  2007, 2008, 2009, 3534, 3535, 3538, 3742, 4079, 5571, 
            5572, 6657, 6959, 6960, 7116, 7117, 7440, 7442, 7443, 8164, 
        8167, 9282, 9283, 9284, 9286, 9287, 10014, 10015, 10488, 12109, 
         13627, 13901, 14363, 15867, 15868, 16567, 17197, 17443, 20021, 
         20623, 21434, 21700, 24555, 24556, 24557, 26597, 27405, 27688, 
         27689, 27875, 27876, 27877, 30458, 31631, 33105, 33106, 34846, 
         35331, 35332, 35333, 35334, 36341, 36342, 36343, 36344, 36345, 
         36346, 36637, 37566, 37567, 38671, 39247, 39639, 40070, 41798, 
         41799, 42430, 42431, 43366, 43367, 45326, 45327, 45328, 45329, 
         48022, 48023, 48024, 48352, 48641, 48642, 48643, 48886, 48888, 
                                       52847, 55446, 55655, 55656, 55788
    Corrected.........2497, 3536, 3537, 5569, 7821, 11626, 12668, 15669, 
         16368, 18346, 21434, 28657, 28716, 31631, 33105, 37923, 38956, 
                  42031, 48749, 53872, 54424, 55649, 56508, 58510, 62323
    Regulations at 58 FR 47041, 47371, 47372, 47373, 47631, 47633, 
47635 and 59 FR 1619 eff. 2-28-95...................................8165
    Regulation at 58 FR 48722 eff. 2-28-95..........................8166
    Regulation at 60 FR 33104 eff. date delayed to 5-17-95.........33104
    Regulation at 60 FR 36637 eff. date changed to 9-5-95..........42430
    Revised; eff. 9-16-95 through 9-15-96..........................47267
    Eff. 1-4-96.................50410, 52294, 52625, 53871, 53872, 57335
    Eff. 2-1-96....................................................56509
    Eff. 2-29-96.........61653, 62194, 65021, 65526, 66069, 66070, 66490
    Eff. 4-25-96...................................................63416
71.5  Amended; eff. 9-16-95 through 9-15-96........................47267
71.31  Amended; eff. 9-16-95 through 9-15-96.......................47267
71.33  (c) amended; eff. 9-16-95 through 9-15-96...................47267
71.41  Amended; eff. 9-16-95 through 9-15-96.......................47267
71.51  Amended; eff. 9-16-95 through 9-15-96.......................47267
71.61  Amended; eff. 9-16-95 through 9-15-96.......................47267
71.71  (b) through (f) amended; eff. 9-16-95 through 9-15-96.......47267
71.79  Amended; eff. 9-16-95 through 9-15-96.......................47267
71.901  (a) amended; eff. 9-16-95 through 9-15-96..................47267
73  Authority citation revised.....................................67255
    73.23........................................................3743,  
                                                                   37330
73.25...............................................................3743
73.30..............................................................48889
73.34..............................................................43709
73.36..............................................................40994
    Corrected......................................................49333
73.37..............................................................48890
73.48..............................................................20626
73.51..............................................................15229
73.63..............................................................37331
    Corrected......................................................43708
73.69..............................................................37938
77  Authority citation revised.....................................67255

[[Page 809]]

91  Regulation at 59 FR 2918 eff. 2-28-95...........................8166
    Policy statement...............................................13627
    SFAR No. 67 amended; eff. 5-10-95 through 5-10-96..............25981
    SFAR No. 66 removed; SFAR No. 66-2 added; eff. in part 5-31-95 
to 6-2-97..........................................................28477
    SFAR No. 50-2 amended; eff. 6-15-95 through 6-15-97............31610
    SFAR No. 65 removed............................................48644
    SFAR No. 65-1 added............................................48644
    SFAR 61-2 added................................................49139
    Authority citation revised..............................65913, 67255
    SFAR No. 50-2 amended; eff. 1-19-96............................65913
    SFAR No. 71 amended; eff. 1-19-96..............................65913
91.123  (a) and (c) revised........................................50679
91.157  (b)(4) introductory text revised...........................66875
93  Authority citation revised.....................................67255
95  Authority citation revised.....................................67255
    95......................................4374,  13035, 36638, 43965, 
                                                                   55191
    Authority citation revised.......................36638, 43965, 55191
97  Authority citation revised........33690, 33691, 33693, 37332, 40071, 
         40072, 42782, 42785, 43966, 45330, 46219, 48025, 48026, 54300, 
         54301, 55195, 55196, 55198, 56510, 56945, 58511, 63417, 63904, 
                                                     63906, 63907, 67255
    97.21--97.35.......2010,  4081, 5573, 5574, 5575, 5577, 6399, 6961, 
             6963, 6964, 9288, 9290, 12110, 12111, 14364, 14366, 17199, 
         17200, 19161, 19163, 20624, 20627, 25126, 25128, 25129, 28532, 
         28533, 30460, 30461, 33690, 33692, 33693, 36348, 36350, 36351, 
         37332, 37334, 40071, 40072, 42782, 42785, 43966, 45330, 46219, 
         48025, 48026, 51716, 51718, 54300, 54301, 55195, 55196, 55198, 
                         56510, 56945, 58511, 63417, 63905, 63906, 63907
99  Authority citation revised.....................................67255
101  Authority citation revised....................................67255
103  Authority citation revised....................................67255
105  Authority citation revised....................................67255
107  Authority citation revised.............................51867, 67256
    Technical correction...........................................53830
107.1  (b)(3), (4) and (5) redesignated as (b)(4), (5) and (6); 
        new (b)(3) added; eff. 1-31-96.............................51867
107.31  Added; eff. 1-31-96........................................51868
108  SFAR No. 58 amended...........................................51851
    Authority citation revised.......................51851, 51869, 67256
    Technical correction....................................53830, 57334
108.33  Added; eff. 1-31-96........................................51869
    (a)(2) corrected...............................................55657
109  Authority citation revised....................................67256
119  Added; eff. 1-19-96...........................................65913
119--139 (Subchapter G)  Heading revised; eff. 1-19-96.............65913
121  Technical correction................2497, 2687, 12034, 57334, 57335
    SFAR No. 38-2 amended....................................5075, 29754
    Authority citation revised.......................29754, 65948, 67256
    SFAR No. 58 amended............................................51851
    Compliance date................................................52625
    Heading revised; eff. 1-19-96..................................65925
    SFAR No. 38-2 amended; eff. 1-19-96............................65925
    SFAR No. 50-2 amended; eff. 1-19-96............................65925
121.1  Revised; eff. 1-19-96.......................................65925
121.2  Added; eff. 1-19-96.........................................65925
121.3  Removed; eff. 1-19-96.......................................65926
121.4  Amended; eff. 1-19-96.......................................65926
121.5  Removed; eff. 1-19-96.......................................65926
121.7  Removed; eff. 1-19-96.......................................65926
121.9  Removed; eff. 1-19-96.......................................65926
121.13  Removed; eff. 1-19-96......................................65926
121.15  Revised; eff. 1-19-96......................................65926
121.21--121.29 (Subpart B)  Removed; eff. 1-19-96..................65926
121.41--121.61 (Subpart C)  Removed; eff. 1-19-96..................65926
121.71--121.83 (Subpart D)  Removed; eff. 1-19-96..................65926
121.133  Revised; eff. 1-19-96.....................................65926
121.135  (a)(4), (b)(2), (6), (7), (8)(i), (ii), (iii), (23) 
        introductory text and (c) revised; eff. 1-19-96............65926
    (b)(15) revised; eff. 3-19-96..................................65948
121.141  Heading, (a) and (b) introductory text revised; eff. 1-
        19-96......................................................65927
121.157  (b) and (e) revised; (f), (g) and (h) added; eff. 1-19-96
                                                                   65927
121.159  Revised; eff. 1-19-96.....................................65927
121.161  (b) revised; (c) added; eff. 1-19-96......................65927
121.163  (a), (b), (c) and (d) introductory text revised; eff. 1-
        19-96......................................................65927

[[Page 810]]

121.171--121.207 (Subpart I)  Nomenclature change; eff. 1-19-96....65928
121.173  (a), (b), (c) and (e) revised; eff. 1-19-96...............65928
121.175  Heading revised; (f) added; eff. 1-19-96..................65928
121.177  Heading revised; (c) added; eff. 1-19-96..................65928
121.179  Heading revised; (c) added; eff. 1-19-96..................65928
121.181  Heading revised; (a) and (c)(1) amended; (d) added; eff. 
        1-19-96....................................................65928
121.183  (a)(2) and (b)(3) amended; eff. 1-19-96...................65928
121.185  Heading revised; (c) added; eff. 1-19-96..................65928
121.187  Heading revised; existing text designated as (a); (b) 
        added; eff. 1-19-96........................................65928
121.211  Revised; eff. 1-19-96.....................................65928
121.213  Removed; eff. 1-19-96.....................................65928
121.285  (a) revised; (d) added; eff. 1-19-96......................65928
121.289  (a) introductory text amended; eff. 1-19-96...............65929
121.291  (b) introductory text, (c) introductory text, (2) and (4) 
        revised; (d) amended; eff. 1-19-96.........................65929
121.293  Added; eff. 1-19-96.......................................65929
121.305  (j) revised; (k) added; eff. 1-19-96......................65929
121.308  Revised; eff. 1-19-96.....................................65929
121.309  (c)(7), (d)(1) and (e) revised; eff. 1-19-96..............65930
121.310  (c) introductory text, (d)(1) through (4), (f) 
        introductory text, (h)(1) introductory text, (k) 
        introductory text and (l) revised; eff. 1-19-96............65930
121.311  (e) introductory text amended; (e)(3) added; (f) 
        introductory text and (h) revised; eff. 1-19-96............65930
121.312  (a)(1) through (6) and (b) revised; (a)(8) added...........6628
    (a)(8) corrected...............................................11194
    Revised; eff. 1-19-96..........................................65930
121.313  (f) revised; eff. 1-19-96.................................65931
121.317  (a), (b) and (k) revised; (l) added; eff. 1-19-96.........65931
121.323  (b) and (c) revised; eff. 1-19-96.........................65932
121.337  (b) introductory text amended; (b)(8) heading added; 
        (b)(9) introductory text revised; (d) removed; eff. 1-19-
        96.........................................................65932
121.340  (a) revised; eff. 1-19-96.................................65932
121.341  (a) revised; (c) and (d) added; eff. 1-19-96..............65932
121.342  Revised; eff. 1-19-96.....................................65932
121.344  Added; eff. 1-19-96.......................................65932
121.349  (e) added; eff. 1-19-96...................................65932
121.353  Heading and introductory text revised; eff. 1-19-96.......65932
121.356  (b) corrected..............................................3303
    (c) introductory text revised; eff. 1-19-96....................65932
121.357  (a) and (c) introductory text revised; (c)(1) amended; 
        eff. 1-19-96...............................................65932
121.359  (b) removed; (c) introductory text revised; (d), (e) and 
        (f) redesignated as (f), (g) and (h); new (d) and new (e) 
        added; eff. 1-19-96........................................65933
121.360  Revised; eff. 1-19-96.....................................65933
121.380  (a)(2)(iii) through (vi), (b) and (c) redesignated as 
        (a)(2)(iv) through (vii), (c) and (d); (a) introductory 
        text, (2)(i), (ii), new (vi), new (vii), (c)(1) and (2) 
        revised; new (a)(2)(iii) and new (b) added; eff. 1-19-96 
                                                                   65933
121.391  (a)(2) and (3) redesignated as (a)(3) and (4); (a) 
        introductory text and (1) revised; new (a)(2) added; (e) 
        removed; eff. 1-19-96......................................65933
121.393  Added; eff. 1-19-96.......................................65934
121.404  Revised; eff. 3-19-96.....................................65948
121.405  (f) and (g) added; eff. 3-19-96...........................65948
121.406  Added; eff. 3-19-96.......................................65948
121.419  (a)(1)(vii) revised; (a)(1)(viii) redesignated as 
        (a)(1)(ix); new (a)(1)(viii) added; eff. 3-19-96...........65949
121.421  (a)(1) revised; eff. 3-19-96..............................65949
121.422  (a)(1)(vii) and (viii) revised; (a)(1)(ix) added; eff. 3-
        19-96......................................................65949
121.427  (b)(4) added; eff. 3-19-96................................65949
121.431  (b) revised...............................................20869

[[Page 811]]

    (a) revised; eff. 3-19-96......................................65949
121.434  Heading, (a) introductory text, (b) introductory text, 
        (2), (c) introductory text, (2), (3) introductory text, 
        (i), (ii) and (f) revised; (a)(3), (g) and (h) added; (b) 
        and (c)(1)(ii) amended; concluding text designated as (i) 
                                                                   20870
121.435  Removed; eff. 1-19-96.....................................65934
121.438  Added.....................................................20870
121.455  Amended; eff. 1-19-96.....................................65934
121.457  Amended; eff. 1-19-96.....................................65934
121.463  (a), (b) and (d) amended; (a)(2) and (c) revised; eff. 1-
        19-96......................................................65934
121.470  Revised; eff. 1-19-96.....................................65934
121.480  Revised; eff. 1-19-96.....................................65934
121.500  Revised; eff. 1-19-96.....................................65934
121.571  (a)(1)(v) added; (a)(3) introductory text revised; (a)(4) 
        amended; eff. 1-19-96......................................65935
121.578  (b) introductory text revised; eff. 1-19-96...............65935
121.581  Heading and (a) revised; (c) added; eff. 1-19-96..........65935
121.583  (a) amended; eff. 1-19-96.................................65935
121.587  (a) revised; (b)(3) added; eff. 1-19-96...................65935
121.589  (b) and (c)(2) amended; eff. 1-19-96......................65935
121.590  Revised; eff. 1-19-96.....................................65935
121.639  Heading and (c) revised; eff. 1-19-96.....................65935
121.643  Heading and (a)(3) revised; eff. 1-19-96..................65935
121.703  (a)(12) and (f) revised; (d) amended; eff. 1-19-96........65935
121.713  Revised; eff. 1-19-96.....................................65936
121.715  Removed; eff. 1-19-96.....................................65936
121  appendix J stayed in part.....................................24766
    Appendixes K and L added; eff. 1-19-96.........................65936
125  SFAR No. 38-2 amended.........................................29754
    Authority citation revised..............................29754, 67256
    Compliance date................................................52625
    Heading revised; eff. 1-19-96..................................65937
125.1  (b)(4) revised; eff. 1-19-96................................65937
127  Authority citation revised....................................29754
    SFAR No. 38-2 amended..........................................29754
    Removed; eff. 1-19-96..........................................65937
129  Technical correction...........................................2497
    SFAR No. 38-2 amended..........................................29754
    Authority citation revised..............................29754, 67256
133  Authority citation revised....................................67256
135  Technical correction....................................2497, 57334
    SFAR NO. 38-2 amended..........................................29754
    Authority citation revised................29754, 65937, 65949, 67256
    SFAR No. 50-2 amended; eff. 6-15-95 through 6-15-97............31610
    SFAR No. 58 amended............................................51851
    Compliance date................................................52625
    Heading revised; eff. 1-19-96..................................65937
135.1  (a) revised; (b) removed; eff. 1-19-96......................65938
135.2  Revised; eff. 1-19-96.......................................65938
135.3  Revised; eff. 3-19-96.......................................65949
135.5  Removed; eff. 1-19-96.......................................65939
135.7  Amended; eff. 1-19-96.......................................65939
135.9  Removed; eff. 1-19-96.......................................65939
135.11  Removed; eff. 1-19-96......................................65939
135.12  Added; eff. 3-19-96........................................65950
135.13  Removed; eff. 1-19-96......................................65939
135.15  Removed; eff. 1-19-96......................................65939
135.17  Removed; eff. 1-19-96......................................65939
135.21  (b) and (f) amended; eff. 1-19-96..........................65939
135.23  (a) amended; eff. 1-19-96..................................65939
135.27  Removed; eff. 1-19-96......................................65939
135.29  Removed; eff. 1-19-96......................................65939
135.31  Removed; eff. 1-19-96......................................65939
135.33  Removed; eff. 1-19-96......................................65939
135.35  Removed; eff. 1-19-96......................................65939
135.37  Removed; eff. 1-19-96......................................65939
135.39  Removed; eff. 1-19-96......................................65939
135.41  Revised; eff. 1-19-96......................................65939
135.43  (b) and (c) amended; eff. 1-19-96..........................65939
135.64  Added; eff. 1-19-96........................................65939
135.105  (a) amended; eff. 1-19-96.................................65939
135.165  (a) amended; eff. 1-19-96.................................65939
135.169  (a) revised................................................6628
135.170  Revised....................................................6628
    (b)(1)(vii) corrected..........................................11194
    (b) introductory text revised..................................13011
135.241  Amended; eff. 3-19-96.....................................65950
135.243  (a) revised; eff. 1-19-96.................................65939
135.244  (a) amended; eff. 1-19-96.................................65940

[[Page 812]]

135.291  Amended; eff. 3-19-96.....................................65950
135.321  Amended; eff. 3-19-96.....................................65950
137  Authority citation revised....................................67256
139  Authority citation revised....................................67256

                                  1996

14 CFR
                                                                   61 FR
                                                                    Page
Chapter I
61.2  Redesignated as 61.3; new 61.2 added.........................34547
61.3  Redesignated as 61.5; new 61.3 redesignated from 61.2 and 
        revised....................................................34547
61.4  Added........................................................34548
61.5  Redesignated as 61.6; new 61.5 redesignated from 61.3; (d) 
        introductory text and (f) revised; (i) and (j) added.......34547
61.6  Redesignated from 61.5.......................................34547
61.13  (e) revised.................................................34548
61.21  Amended; heading revised....................................34548
61.23  (a)(3), (b)(2) and (c) revised..............................11256
61.39  (a)(3) revised..............................................11256
    (a)(6) and (7) added...........................................34548
61.45  Heading, (a), (c) and (d) revised...........................34548
61.51  (b)(1)(ii), (iii), (iv), (3)(iii), (c)(2)(i), (4) and (5) 
        revised; (b)(2)(viii) and (c)(2)(iv) added.................34548
61.55  (b)(2)(ii) revised; (b)(3) and (4) added....................34549
61.56  (e) revised; (h) added......................................34549
61.57  (c), (d) and (e) revised....................................34549
61.58  Revised.....................................................34550
61.63  Heading and (a) revised.....................................34550
61.64  Added.......................................................34550
61.65  (b) introductory text, (c) introductory text, (1), (3), 
        (4), (5), (e) introductory text, (2) and (g) revised; 
        (c)(6) and (h) added; (d) and (f) removed..................34552
61.67  (a)(2), (b) introductory text, (1), (2), (c)(2), (d) 
        introductory text, (1) introductory text and (2) revised; 
        (c) amended; (c)(3) through (7) added......................34553
61.68  Added.......................................................34553
61.109  Revised....................................................34554
61.113  Revised....................................................34555
61.129  (b) introductory text, (1) and (2) introductory text 
        revised; (b)(4) and (c) added..............................34555
61.131  Introductory text, (b) introductory text and (1) 
        introductory text revised; (a)(3), (4), (b)(3), (4) and 
        (c) added..................................................34556
61.155  Revised....................................................34556
61.157  Heading revised; (g) added.................................34557
61.158  Added......................................................34557
61.161  (b)(4) revised; (b)(5) added...............................34558
61.163  Revised....................................................34558
61.169  Revised....................................................34559
61.187  (c) added..................................................34559
61.191  (c) revised; (d) added.....................................34559
61.195  (h) added..................................................34559
61.197  Revised....................................................34559
61  Appendix A amended; Appendix B removed.........................34560
67  Disposition of comments.........................................7695
    Revised........................................................11256
    Policy statement...............................................59282
71  Authority citation revised............................121, 122, 9903
    Technical correction...........................................64569
    71.1...4,  121, 122, 256, 513, 514, 694, 695, 696, 697, 1150, 1705, 
            1706, 2711, 2712, 2713, 2714, 2715, 4587, 4871, 5503, 5504, 
            5505, 5935, 5936, 5938, 6772, 7209, 7210, 7211, 7212, 7213, 
           9612, 9903, 10885, 10886, 10887, 12020, 17828, 18059, 18060, 
         18061, 18062, 19152, 19542, 19817, 19818, 21364, 21365, 21366, 
         21954, 24222, 24223, 26432, 26434, 26782, 27004, 28033, 28034, 
         28035, 28036, 28037, 28038, 28039, 28040, 28041, 28042, 28043, 
         28044, 28045, 28046, 28740, 28741, 28742, 28743, 28744, 29472, 
         29473, 29645, 29937, 29938, 29939, 30507, 30803, 31013, 31014, 
         31015, 31016, 31017, 31018, 31019, 31020, 32322, 32323, 33843, 
         33844, 33845, 34720, 34721, 34722, 34724, 36284, 36285, 36286, 
         37002, 37205, 37206, 37352, 39318, 40148, 40316, 40718, 40719, 
         40720, 40962, 42146, 42785, 42786, 47052, 47053, 47412, 47673, 
         47818, 48825, 48826, 49254, 49255, 49411, 49412, 50426, 51361, 
         51362, 51363, 52282, 52283, 52690, 53050, 53051, 54934, 55089, 
                                       55092, 55563, 59328, 60189, 66910
    Technical correction.............................................232

[[Page 813]]

    Corrected...693, 2713, 7051, 7697, 7855, 10271, 26094, 29449, 30670, 
         32651, 35307, 36286, 36820, 36965, 37113, 37677, 39695, 41685, 
         41736, 43310, 48070, 53996, 59181, 59329, 60188, 60242, 60527, 
                                                                   67700
    Regulation at 61 FR 1706 withdrawn..............................8859
    Regulation at 61 FR 10886 eff. date delayed to 6-20-96.........18058
    Revised; eff. 9-16-96 through 9-15-97..........................48404
    Eff. 1-30-97........53842, 53843, 53844, 53846, 53847, 53848, 53849, 
         53850, 53851, 54933, 55089, 55090, 55091, 56623, 56624, 57325, 
         57771, 57772, 58131, 58782, 59180, 59329, 60187, 60188, 65318, 
                                65319, 65939, 66909, 66911, 66912, 67700
    Eff. 3-27-97........55882, 55883, 57773, 58784, 58785, 60186, 60525, 
                                       60526, 65940, 66913, 67698, 67699
    Eff. 1-15-97...................................................66580
    Eff. 7-17-97...................................................66906
71.5  Amended; eff. 9-16-96 through 9-15-97........................48404
71.31  Amended; eff. 9-16-96 through 9-15-97.......................48404
71.33  (c) amended; eff. 9-16-96 through 9-15-97...................48404
71.41  Amended; eff. 9-16-96 through 9-15-97.......................48404
71.51  Amended; eff. 9-16-96 through 9-15-97.......................48404
71.61  Amended; eff. 9-16-96 through 9-15-97.......................48404
71.71  (b) through (f) amended; eff. 9-16-96 through 9-15-97.......48404
71.79  Amended; eff. 9-16-96 through 9-15-97.......................48404
71.901  (a) amended; eff. 9-16-96 through 9-15-97..................48404
73.19  (a) and (c) revised.........................................26435
    73.21.......................................................30509,  
                                                                   31021
73.22  Eff. 1-30-97................................................64459
73.22..............................................................53852
    73.29...........................................................5,  
                                                                   31022
73.31..............................................................35623
73.41..............................................................20127
73.52..............................................................26095
73.53..............................................................53052
73.63..............................................................42551
    73.67.......................................................18063,  
                                                                   53052
91  SFAR 66-2 stayed.................................................631
    SFAR No. 74 added; eff. 3-13-96 through 8-12-96.................5496
    Authority citation revised......................................7190
    Technical correction.....................................7410, 10269
    SFAR No. 74 corrected....................................7855, 16287
    SFAR No. 67 amended; eff. 5-10-96 through 5-10-97..............24430
    Authority delegation...........................................36286
    SFAR No. 76 added..............................................49871
    SFAR No. 76 removed............................................51782
    SFAR No. 77 added..............................................54021
    SFAR No. 50-2 removed; eff. 5-1-97.............................69330
91.107  (a)(3)(i) and (iii)(B) introductory text revised; 
        (a)(3)(iii)(B)(1) and (3) amended; (a)(3)(iii)(B)(4) added
                                                                   28421
91.191  Revised....................................................34560
91.205  (b)(11) through (16) redesignated as (b)(12) through (17); 
        new (b)(11) added...........................................5171
    (f) revised; (g) and (h) added.................................34560
91.209  Revised.....................................................5171
91.511  (a) introductory text amended; (f) added....................7190
    Corrected......................................................10430
91.801  (c) amended; (d) added; eff. 1-15-97.......................66185
91.851  Amended; eff. 1-15-97......................................66185
91.857  Heading and introductory text amended; eff. 1-15-97........66185
91.867  (a)(1) amended; eff. 1-15-97...............................66185
91.877  Added; eff. 1-15-97........................................66185
93  Policy statement................................................7213
93.301--93.317 (Subpart U)  Added; eff. 5-1-97.....................69330
    95..................698,  18065, 18066, 27769, 37207, 40149, 49256, 
                                                                   56121
95  Eff. 1-30-97...................................................67701
97  Technical correction...........................................57003
    97.21--97.35....700,  701, 702, 2716, 2904, 2905, 2907, 3796, 3797, 
        3798, 6107, 6109, 7698, 7700, 7701, 10888, 10889, 10890, 14018, 
         14019, 14021, 18067, 18069, 18070, 18942, 18943, 25139, 25140, 
         25142, 25781, 25782, 25784, 29016, 29017, 31828, 31829, 31831, 
         35624, 35625, 35627, 37353, 37355, 37357, 37678, 40150, 40152, 
         42552, 42553, 42555, 46707, 46708, 46712, 48827, 48828, 50428, 
         50429, 53054, 53055, 53057, 55736, 55737, 55739, 57999, 58000, 
         58001, 60528, 60529, 60530, 64460, 64461, 64463, 67704, 67705, 
                                                                   67707

[[Page 814]]

107.1  (a)(2) and (3) amended; (a)(4) added........................64244
107.2  Added.......................................................64244
108.1  (a)(2), (3) and (4) amended; (a)(5) added...................64244
108.4  Added.......................................................64244
119  Technical correction..........................................35628
119.2  Revised.....................................................30433
119.3  Amended...............................................2609, 30433
119.21  Heading, (a) introductory text and (3) revised.............30433
119.23  (b) introductory text revised..............................30434
119.33  (c) amended................................................30434
119.58  Removed.....................................................2609
119.63  (b) introductory text revised..............................30434
119.67  (d)(3) revised.............................................30434
121  Disposition of comments........................................6938
    SFAR No. 38-2 amended..........................................30434
    SFAR No. 58 amended............................................34560
    Technical correction...........................................35628
    SFAR No. 50-2 removed; eff. 5-1-97.............................69330
121.2  (d)(1)(i) introductory text, (2)(i) introductory text, 
        (e)(1)(ii) and (i) revised..................................2609
    (d)(1) introductory text, (2) introductory text, (ii) and (h) 
revised; (j) added.................................................30434
121.6  Removed......................................................2610
121.91--121.107 (Subpart E)  Heading revised........................2610
121.91  Revised.....................................................2610
121.93  (a) introductory text and (b) amended.......................2610
121.95  (a) introductory text and (b) amended.......................2610
121.97  (a), (b) introductory text and (c) amended..................2610
121.99  Revised.....................................................2610
    Amended.........................................................7191
121.101  (a), (b) introductory text, (c) and (d) amended; (e) 
        removed.....................................................2610
121.103  (a), (b)(1) and (2) amended................................2610
121.105  Revised....................................................2610
121.107  Revised....................................................2610
121.111--121.127 (Subpart F)  Heading revised.......................2610
121.111  Revised....................................................2610
121.113  (a) introductory text and (b) amended......................2610
121.115  (b) amended................................................2610
121.117  (a), (b) introductory text and (c) amended.................2610
121.119  (a) and (b) amended........................................2611
121.121  (a) introductory text and (c) amended......................2611
121.123  Revised....................................................2611
121.125  (a) introductory text, (b) and (d) amended.................2611
121.127  (a) introductory text, (ii) and (b) amended................2611
121.139  Heading, (a) and (b) amended...............................2611
121.157  (e) and (f) introductory text revised.....................30434
121.207  Revised....................................................2611
121.303  (d)(2) revised; (d)(3) removed.............................2611
121.311  (b)(1), (2)(ii) introductory text and (c) revised; 
        (b)(2)(ii)(A) and (C) amended; (b)(2)(ii)(D) added.........28421
121.314  (a) introductory text amended..............................2611
121.317  (l) amended...............................................30434
121.319  (a) introductory text and (b)(1) amended...................2611
121.337  (b)(9)(i) removed; (b)(9)(ii), (iii) and (iv) 
        redesignated as (b)(9)(i), (ii) and (iii); (b)(7)(iii) and 
        new (9)(iii) revised.......................................43921
    (d)(1) corrected...............................................57585
    Corrected......................................................58924
121.351  (b) amended................................................2611
    (a) revised; (c) added..........................................7191
121.373  (c) amended................................................2611
121.385  (c) revised.........................................2611, 30434
121.395  Revised....................................................2611
121.400  (c)(7) and (8) added......................................34560
121.402  Added.....................................................34560
121.404  Removed....................................................2611
    Added...........................................................9613
    Revised........................................................30435
121.405  (e) amended................................................2612
121.406  Heading revised...........................................30435
121.411  Revised (OMB number pending)..............................30741
121.412  Revised (OMB number pending)..............................30742
    (a) and (c) corrected..........................................34927
121.413  Revised...................................................30743
121.414  Added.....................................................30743
121.419  (a)(1)(vii) correctly designated...........................2869
121.431  (a) amended...............................................30435
    (a) revised....................................................34561

[[Page 815]]

121.437  (a) and (c) amended........................................2612
121.440  (b) introductory text, (2) and (c) introductory text 
        amended.....................................................2612
121.461--121.467 (Subpart P)  Heading revised.......................2612
121.461  Revised....................................................2612
121.465  Revised....................................................2612
121.467  Heading, (a), (b) and (c) amended..........................2612
121.470--121.471 (Subpart Q)  Heading revised.......................2612
121.471  (a) through (g) amended....................................2612
121.480--121.493 (Subpart R)  Heading revised.......................2612
121.481  (a), (b) and (c) amended...................................2612
121.483  (a) amended................................................2612
121.485  (a) and (b) amended........................................2612
121.489  Revised....................................................2612
121.500--121.525 (Subpart S)  Heading revised.......................2613
121.501  Removed....................................................2613
121.503  (a) through (e), (f) introductory text and (3) amended.....2613
121.505  (a) amended................................................2613
121.507  (a) introductory text amended..............................2613
121.509  (a) introductory text amended..............................2613
121.513  Introductory text amended..................................2613
121.517  Revised....................................................2613
121.521  (a) and (b) amended........................................2613
121.523  (a), (b), (c) and (e) amended..............................2613
121.533  Heading and (a) amended....................................2613
121.535  Heading and (a) amended....................................2613
121.537  Heading and (a) amended....................................2613
121.541  Revised....................................................2613
121.547  (c)(4) amended.............................................2613
121.548  Revised....................................................2613
121.550  Amended....................................................2613
121.551  Revised....................................................2613
121.553  Revised....................................................2613
121.555  Heading and (a) amended....................................2614
121.557  Heading and (c) amended....................................2614
121.559  Heading and (c) amended....................................2614
121.565  (d) revised................................................2614
121.569  Heading, (a) introductory text, (5) and (b) amended........2614
121.583  (d) amended................................................2614
121.585  (n)(2) revised.............................................2614
121.586  (b) and (c) amended........................................2614
121.591  Revised....................................................2614
121.593  Heading amended............................................2614
121.595  Heading amended............................................2614
121.597  Heading amended............................................2614
121.599  (a) and (b) amended........................................2614
121.601  Heading, (b) and (c) amended...............................2614
121.603  Heading amended............................................2614
121.607  Heading, (a) and (b) amended...............................2614
121.609  Heading amended..............................